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UK To Allow Armed Guards On Ships July 25, 2011

Posted by Chris Mark in Laws and Leglslation, Piracy & Maritime Security.
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According to the Daily Echo, pirate attacks have become so problematic that ships from the UK will soon be able to legally employ armed guards.  According to shipping minister the Government is going to introduce new legislation which will change the current law and allow ships flagged in the UK to legally employ armed guards. The Minister was quoted:

“Legislation will have to be changed to protect our seafarers around the world, at present it is illegal to use armed guards on British ships, but we are where we are and I cannot ignore the situation.’’

Pirate Ransom Payments going to Somali Militant Groups July 6, 2011

Posted by Chris Mark in Laws and Leglslation, Piracy & Maritime Security, Risk & Risk Management, weapons and tactics.
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According to John Steed, the principal military adviser to the U.N. special envoy to Somalia and head of the envoy’s counter-piracy unit, said links between armed pirate gangs and Somalia’s al Qaeda-affiliated rebels were gradually firming.

“The payment of ransoms just like any other funding activity, illegal or otherwise, is technically in breach of the Somalia sanctions regime if it makes the security situation in Somalia worse,” said Steed.

“Especially if it is ending up in the hands of terrorists or militia leaders — and we believe it is, some directly, some more indirectly,” said Steed, a retired military officer.  For those who believe it is still all speculation, an Al Shabab representative confirmed the arrangement:

“If there was no relationship between us, there is no way the pirates would be able to operate, or carry their weapons within zones we control,” said an al Shabaab militant based in the pirate haven of Haradhere, north of Mogadishu.

Unfortunately, this means shipping companies may be in violation of international sanctions if they pay ransoms to the pirate groups.  Under the terms of the arms embargo on Somalia, financial support to armed groups in the Horn of Africa country is banned. Both the United States and Britain regard al Shabaab as a terrorist organisation.

The best course of action for shipping companies is to ensure that their ships are adequately protected from takeover.

IMO Issues Guidance to Stakeholders on Use of Armed Guards June 28, 2011

Posted by Chris Mark in Laws and Leglslation, Piracy & Maritime Security, Risk & Risk Management.
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In the circular MSC.1/Circ.1405 dated May 23, 2011 the International Maritime Organization issued guidance to shipowners, operators, and masters on the use of privately contracted armed security personnel aboard ships.  As stated in the document, the purpose is to:

“…assist shipowners, ship operators and ship masters considering the use of PCASP on board ships to provide additional protection against piracy.”

The document includes a number of criteria for identifying, and vetting contracted armed security personnel.  I feel that one of the most important is that which states that owners, operators, and/or masters should verify:

“availability of documentary evidence that firearms are procured, transported, embarked and disembarked legally;”

There is evidence that a few companies have armed ships using weapons procured through less than ideal circumstances (for the owners, operators, and masters) and may expose the shipping stakeholders to risk.

Cyprus to Legislate Allowing Armed Guards on Ships June 20, 2011

Posted by Chris Mark in Laws and Leglslation, Piracy & Maritime Security.
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Cyprus is poised to become the first European country to legislate allowing guards on ships to fire on pirates to defend the ship.  Recognizing the seriousness of the increasingly frequent and violent attacks on ships, Cyprus is preparing draft legislation which would allow ships sailing under the flag of Cyprus to use armed guards as part of the ships defense.  The conditions under which the guards will be allowed to engage the pirat es will be strictly controlled under the law.   “Guards will not be allowed to fire first,” said George Mouskas, president of the Cyprus Union of Shipowners. According to Mr Mouskas, the move to allow armed guards on board is primarily meant to be a deterrent as pirates largely avoid well-defended vessels.  Tellingly, Mr. Mouskas states: “no ship that has armed guards on board has ever been taken by pirates, so it has been very effective,”

This marks a watershed moment in maritime security and makes a definitive statement that armed security is needed to protect ships and their crews from the increasingly violent attacks.  The Cyprus government is to be applauded for their efforts and vision on this front.