MSC.1/Circ.1408 “Interim Recommendations for Port and Coastal States regarding the use of Privately contracted armed security Personnel on board ships in the High Risk Area”
The Maritime Safety Committee (the Committee), at its eighty-ninth session (11 to 20 May 2011), having approved:
(1) MSC.1/Circ.1405 on Interim guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel on board ships in the High Risk Area; and
(2) MSC.1/Circ.1406 on Interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area, greed that there was an urgent need to develop further recommendations to Governments and, in articular, for coastal and port States, on aspects related to the embarkation, disembarkation and carriage of privately contracted armed security personnel (PCASP) and of firearms and security-related equipment for use by PCASP.
2 In this respect the Committee recognized that the facilitation of the movement of PCASP and of the firearms and security-related equipment for use by PCASP was affected by the national legislation and policies of port and coastal States and in this connection there was also a need to address the concerns of port and coastal States with respect to the presence of PCASP and of firearms and security-related equipment for use by PCASP on ships entering, transiting or leaving their territorial sea(s).
3 Given the importance and urgent nature of the issue, and the need to develop and promulgate detailed guidance and recommendations as soon as possible, the Committee approved and the Council authorized the convening of an intersessional meeting of the Maritime Security and Piracy Working Group (13 to 15 September 2011) to update and expand upon the guidance previously issued.
4 The interim recommendations for port and coastal States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area are set out in the annex.
5 The interim recommendations should be read in conjunction with the interim guidance and recommendations set out in 1405-rev-1and 1406-rev-1, the information provided in MSC-FAL.1_Circ.2 on Questionnaire on information on port and coastal State requirements related to PCASP on board ships, as well as the other recommendations and guidance developed by the Organization for preventing and suppressing piracy and armed robbery against ships.
Definitions
1. Private maritime security companies (PMSC): Private Security Companies contracted to provide security personnel, both armed and unarmed, on board for protection against piracy.
2. Privately contracted armed security personnel (PCASP): armed employees of PMSC.
3. High Risk Areas (HRA): areas of the ocean where acts of terrorism, piracy or armed robbery have taken place. An area defined as High Risk may change periodically or over time due to changes in weather, tactics and areas of operation of the perpetrators. Therefore, it is imperative that owners, operators and Masters assess areas of risk based on the latest available information from the Maritime Security Centre Horn of Africa (MSCHOA), the NATO Shipping Centre (NSC) and the International Maritime Bureau (IMB). Vessels also must be prepared to alter course at short notice to avoid pirate activity when information is provided by NAV Warnings and/or naval/military forces.
4. BMP High Risk Area
Somalia, the North West Indian Ocean and Gulf of Aden (GoA): The HRA contained in the BMP Guidelines is defined as an area bounded by Suez, the Strait of Hormuz to the North (26ºN), 10°S and 78°E.. (Note: the UK Maritime Trade Operations (UKMTO) voluntary Reporting Area is slightly larger as it includes the Arabian Gulf). Attacks have taken place at most extremities of the HRA, including at 78° E. The possibility remains that they could take place further out. Attacks to the South have extended into the Mozambique Channel and below 10°S. A high state of readiness and vigilance should be maintained even to the South of the Southerly limit of the HRA. Therefore the Administrator has extended the limits of the HRA to 15ºS and advises against using the Mozambique Channel altogethe.
