prop · H00378 · 2013-02-19 00:00:00 — .4 Equipment requirements this will be influenced by factors including: length of the estimated time of the ship transit, latest threat assessment, the agreed duties of the PCASP team (will they act as additional lookouts, utilize day- and night-vision equipment, assist with rigging self-protection measures?) and the size and type of ship. Enhanced equipment is recommended; and .5 Firearms the appropriate firearms package to be employed in accordance with the applicable flag State national legislation pertaining to the type, carriage and use of firearms by PCASP, in order to provide an accurate and graduated level of deterrence, at a distance. 5.7A shipowner/operator when entering into a contract with a PMSC should ensure that the command and control structure linking the ship operator, the , the ship's officers and the PCASP team leader has been clearly defined and documented. 5.8Further, prior to boarding the PCASP, the shipowner should ensure that the and crew are briefed and exercises are planned and conducted so that all the roles and responsibilities are understood by all personnel on board prior to entering the HRA. I:\CIRC\MSC\01\1405-Rev-2.doc MSC.1/Circ.1405/Rev.2 5.9 In order to provide the required clarity, the documented command and control structure should provide: .1 a clear statement recognizing that at all times the remains in command and retains the overriding authority on board, and an agreed procedure in the event of the being unavailable; .2 a clearly documented set of ship and voyage-specific governance procedures, inter alia, covering procedures for the conduct of exercises and real incidents; .3 a documented list of duties, expected conduct, behaviour and documentation of PCASP actions on board; and .4 transparent two-way information flow and recognizable coordination and cooperation between the shipowner, charterer, PCASP, PMSC and the ship's , officers and crew throughout deployment. 5.10Factors to determine such success may include: .1 providing regular updated intelligence-based threat assessments throughout the contracted period on board, and utilizing this information to offer suggestions as to the ship's proposed routeing, amending same if required, and under the ship's contractual arrangements; .2 monitoring the daily activities of the onboard PCASP team; .3 having a 24-hour emergency response and a contingency plan in place covering all foreseeable actions; and .4 providing feedback on crew training and ship hardening requirements based upon reports received from their onboard PCASP team. Management of firearms and ammunition from embarkation to disembarkation 5.11An essential requirement of the PCASP team will be to demonstrate responsible management and use of weapons and ammunition at all times when on board. 5.12Issues to be considered should include: .1 documented compliance with the applicable flag, and port State legislation and relationships governing the transport, carriage, storage, provision and use of firearms, ammunition and security equipment to and from the points of embarkation and disembarkation or ports/places at which the ship may call as part of its intended voyage whilst the PCASP team is on board. PCASP should be able to prove that actual inventory carried matches all documented declarations including compliance with any applicable export/import licences; .2 appropriate containers for firearms, ammunition and security equipment at the point of transfer to and from the ship, in full legal compliance with national jurisdiction and port State laws; .3 documented standards and procedures for a complete inventory of all firearms, ammunition and security equipment available upon arrival aboard the ship (inventory should detail make, model, calibre, serial number and I:\CIRC\MSC\01\1405-Rev-2.doc 2012/13:78 IMO-cirkulär nr 1405/Rev. MSC.1/Circ.1405/Rev.2 company end-user certificate and proof of purchase of all firearms and accessories; and details of ammunition natures and amount); .4 effective control procedures for separate and secure onboard stowage and deployment of firearms, ammunition and security equipment; .5 areas where firearms may or may not be carried, together with the weapon state (e.g. unloaded and magazine off, magazine on and safety catch on and no round chambered) and what conditions will initiate a change in that state should be confirmed; .6 detailed and exercised orders for when firearms may be loaded and made ready for use should be confirmed, trained and documented during certain periods as listed in the PCASP contract, to ensure the highest of safety and operational capabilities for use of firearms aboard the ship; and .7 the inventory should be reconciled on disembarkation of all firearms and ammunition from the ship. Rules for the use of force 5.13It is essential that all PCASP have a complete understanding of the rules for the use of force as agreed between shipowner, PMSC and and fully comply with them. PCASP should be fully aware that their role in regard to the above is exclusively for the protection of life of persons on board and the ship from armed pirate attacks. PMSC should provide a detailed graduated response plan to a pirate attack as part of their teams' operational procedures. 5.14PMSC should require their personnel to take all reasonable steps to avoid the use of force. If force is used, it should be in a consistent with applicable law. In no case should the use of force exceed what is strictly necessary and reasonable in the circumstances. Care should be taken to minimize damage and injury and preserve human life. 5.15PMSC should require that their personnel not use firearms against persons except in self-defence or defence of others. 5.16The should maintain a log of every circumstance in which firearms are discharged, whether accidental or deliberate. Such actions should be fully documented in sufficient detail in order to produce a formal written report of the incident, for the shipowner/operator to forward to the flag State. 5.17The requirements of a formal written report may be considered to include the following: .1 time and location of the incident; .2 details of events leading up to the incident; .3 written statements by all witnesses and those involved from the ship's crew and security team in the incident; I:\CIRC\MSC\01\1405-Rev-2.doc MSC.1/Circ.1405/Rev.2 .4 the identity and details of personnel involved in the incident; .5 details of the incident; .6 injuries and/or material damage sustained during the incident; and .7 lessons learned from the incident and, where applicable, recommended procedures to prevent a recurrence of the incident. 5.18 In the event that the PCASP use force, PCASP team leaders should be advised to photograph (if appropriate), log, report and collate contemporaneous written statements from PCASP present at the incident in anticipation of legal proceedings. 5.19 In addition to incident reporting it is suggested that following a tour of duty the PCASP team should submit a full report to the shipowner/ship operator, via their employers if required, giving full details of the deployment, operational matters, any training and/or ship hardening conducted, and offering advice as to any further enhancements to security that may be considered. Category assigned to PCASP 5.20 Shipowners/operators should refer to any applicable national legislation of the flag State in relation to the categorization of PCASP on board their ships. Reporting within the HRA 5.21 The should report to the appropriate military authorities when a ship intending to transit, or transiting, the HRA is carrying PCASP, firearms and security-related equipment on board. Familiarization for and the crew 5.22 Shipowners and ship operators should ensure that the and the crew receive familiarization in relation to this guidance. I:\CIRC\MSC\01\1405-Rev-2.doc 2012/13:78 IMO-cirkulär nr 1406/Rev. Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210 MSC.1/Circ.1406/Rev.2 REVISED INTERIM RECOMMENDATIONS FOR FLAG STATES REGARDING THE USE OF PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL ON BOARD SHIPS IN THE HIGH RISK AREA1 1The , at its eighty-ninth session (11 to 20 2011), approved Interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area. 2Given the importance and urgent nature of this issue, and the need to further 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 and (13 to ) to update the recommendations. 3The interim recommendations were further revised by at its ninetieth session (16 to 25 2012) to take into account minor consequential amendments arising from the development of the interim guidance to private security companies set out in MSC.1/Circ.1443 on Interim guidance to private security companies providing privately contracted armed security personnel on board ships in the High Risk Area. 4The Revised interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area is set out in the annex. 5The attached revised interim recommendations should be read in conjunction with the interim guidance and recommendations set out in MSC.1/Circ.1443; MSC.1/Circ.1405/Rev.2 on Revised 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 MSC.1/Circ.1408/Rev.1 on Revised interim recommendations for port and States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area2; and the information provided in MSC-FAL.1/Circ.2 on Questionnaire on information on port and State requirements related to privately contracted armed security personnel 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. 1High Risk Area: an area as defined in the Practices for Protection against Based Piracy (MSC.1/Circ.1339), unless otherwise defined by the flag State. 2As they may be revised. I:\CIRC\MSC\01\1406-Rev-2.doc MSC.1/Circ.1406/Rev.2 6Member Governments are urged to bring this circular to the attention of all national agencies concerned with anti-piracy activities, shipowners, ship operators, companies, shipmasters and crews. 7Member Governments are also urged to take any necessary action to implement, as appropriate, the revised interim recommendations given in the annex. 8Member Governments, international organizations and non-governmental organizations with consultative status are invited to bring to the attention of the Committee, at the earliest opportunity, the results of the experience gained from the use of the revised interim recommendations so as to assist the Committee in deciding on any action to be taken. 9MSC.1/Circ.1406/Rev.1 is hereby revoked. I:\CIRC\MSC\01\1406-Rev-2.doc 2012/13:78 IMO-cirkulär nr 1406/Rev. MSC.1/Circ.1406/Rev.2 REVISED INTERIM RECOMMENDATIONS FOR FLAG STATES REGARDING THE USE OF PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL ON BOARD SHIPS IN THE HIGH RISK AREA1 1These interim recommendations provide considerations on the use of privately contracted armed security personnel (PCASP) if and when a flag State determines that such a measure would be appropriate and lawful. They are not intended to endorse or institutionalize their use. The recommendations do not address all the legal issues that might be associated with the use of PCASP on board ships. 2In an increasing number of cases, shipowners are considering the use of PCASP to augment shipboard security arrangements when transiting the High Risk Area. The carriage of such personnel and their firearms and security-related equipment2 is subject to flag State legislation and policies and it is a matter for flag States to determine if and under which conditions this will be authorized. 3Flag States should take into account the possible escalation of violence which could result from the use of firearms and carriage of armed personnel on board ships when deciding on their policy. Flag States should provide clarity to , seafarers, shipowners, operators and companies with respect to the national policy on carriage of armed security personnel. 4Flag States should require the parties concerned to comply with all relevant requirements of flag, port and States. 5Flag States should have in place a policy on whether or not the use of PCASP will be authorized and, if so, under which conditions. In developing such a policy, flag States are encouraged to take into account the following recommendations: .1 As a first step, consider whether the use of PCASP: .1 would be permitted under the national legislation of the flag State; .2 would be an appropriate measure under some circumstances to augment the security arrangements put in place, in accordance with related instruments and guidelines developed and promulgated by the Organization including the industry-developed best management practices, on ships flying its flag when operating in the High Risk Area; and .2 As a second step, if the use of PCASP is determined to be an appropriate and lawful measure, establish a policy which may include, inter alia: 1High Risk Area: an area as defined in the Practices for Protection against Based Piracy (MSC.1/Circ.1339), unless otherwise defined by the flag State. 2In the present recommendations, all references to firearms include the associated ammunition, consumables, spare parts and maintenance equipment for use by PCASP, and all references to security-related equipment include protective and communication equipment for use by PCASP. I:\CIRC\MSC\01\1406-Rev-2.doc MSC.1/Circ.1406/Rev.2 .1 the minimum criteria or minimum requirements with which PCASP should comply, taking into account the relevant aspects of the guidance set out in MSC.1/Circ.1405/Rev.2 on Revised 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; .2 a process for authorizing the use of PCASP which have been found to meet minimum requirements for ships flying its flag; .3 a process by which shipowners, ship operators or companies may be authorized to use PCASP; .4 the terms and conditions under which the authorization is granted and the accountability for compliance associated with that authorization; .5 references to any directly applicable national legislation pertaining to the carriage and use of firearms by PCASP, the category assigned to PCASP, and the relationship of PCASP with the while on board; and .6 reporting and record-keeping requirements; and .3 Provide information to the Organization on the use of PCASP for circulation to Member States. I:\CIRC\MSC\01\1406-Rev-2.doc 2012/13:78 IMO-cirkulär nr 1408/Rev. Telephone: +44 (0)20 7735 7611 Fax: +44 (0)20 7587 3210 MSC.1/Circ.1408/Rev.1 REVISED INTERIM RECOMMENDATIONS FOR PORT AND STATES REGARDING THE USE OF PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL ON BOARD SHIPS IN THE HIGH RISK AREA1 1 (the Committee), at its eighty-ninth session (11 to 20 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 Area2; 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 Area3, agreed that there was an urgent need to develop further recommendations to Governments and, in particular, for 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 PCASP4. 2In 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 States and in this connection there was also a need to address the concerns of port and 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). 3Given 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 and (13 to ) to update and expand upon the guidance previously issued. The intersessional revised the existing guidance and approved MSC.1/Circ.1408 on Interim recommendations for port and 1High Risk Area: an area as defined in the Practices for Protection against Piracy (MSC.1/Circ.1339), unless otherwise defined by the flag State. 2Revoked and replaced by MSC.1/Circ.1405/Rev.2. 3Revoked and replaced by MSC.1/Circ.1406/Rev.2. 4In the present recommendations, all references to firearms include the associated ammunition, consumables, spare parts and maintenance equipment for use by PCASP, and all references to security-related equipment include protective and communication equipment for use by PCASP. I:\CIRC\MSC\01\1408-Rev-1.doc MSC.1/Circ.1408/Rev.1 States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area. 4The interim recommendations were subsequently revised by at its ninetieth session (16 to 25 2012) to take into account minor consequential amendments arising from the development of the interim guidance to private security companies set out in MSC.1/Circ.1443 on Interim guidance to private security companies providing privately contracted armed security personnel on board ships in the High Risk Area. 5The revised interim recommendations should be read in conjunction with the interim guidance and recommendations set out in MSC/1/Circ.1443, MSC.1/Circs.1405/Rev.2 and 1406/Rev.25, the information provided in MSC-FAL.1/Circ.2 on Questionnaire on information on port and 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. 6Member Governments are urged to bring this circular to the attention of all national authorities concerned with anti-piracy activities and/or border control issues, shipowners, ship operators, companies, shipmasters and crews. 7Member Governments, international organizations and non-governmental organizations with consultative status are invited to bring to the attention of the Committee, at the earliest opportunity, the results of the experience gained from the use of the revised interim recommendations so as to assist the Committee in deciding on any action to be taken. As they may be revised. I:\CIRC\MSC\01\1408-Rev-1.doc 2012/13:78 IMO-cirkulär nr 1408/Rev. MSC.1/Circ.1408/Rev.1 INTERIM RECOMMENDATIONS FOR PORT AND STATES REGARDING THE USE OF PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL ON BOARD SHIPS IN THE HIGH RISK AREA1 1These interim recommendations have been developed to address the growing use of privately contracted armed security personnel (PCASP) in the High Risk Area to counter piracy, and specifically to provide further recommendations on aspects related to the embarkation, disembarkation and carriage of PCASP and of firearms and security-related equipment for use by PCASP. These recommendations do not address all the legal issues that might be associated with the movement of PCASP or of the firearms or equipment intended for use by them. 2The recommendations contained in this document are not intended in any to override or otherwise interfere with the implementation and enforcement of the national legislation of a State or to interfere with that State's rights under international law. However, at the same time, they recognize the concerns and interests of the owners and operators of ships navigating in or through the High Risk Area to provide means for enhancing the security of their ships so as to protect the seafarers working on board, the passengers and cargo being carried and their assets from being hijacked. 3In the present recommendations, all references to firearms include the associated ammunition, consumables, spare parts and maintenance equipment for use by PCASP, and all references to security-related equipment include protective and communication equipment for use by PCASP. 4In view of the growing use of PCASP in the High Risk Area and the need to enhance the protection of ships navigating there, flag States, the industry and the private security companies (PMSC) who provide PCASP need to know whether and under what conditions the embarkation and disembarkation of PCASP and/or of firearms and security-related equipment for use by PCASP is allowed. In addition, the industry, of ships and the PCASP service providers need to know what requirements have to be complied with when, during its voyage, a ship carrying PCASP is arriving in, staying at and departing from ports, offshore terminals, or roadstead located areas within the territory or under the jurisdiction of a port or a State. 5As a result Member Governments, and, in particular, those of the States bordering the Indian , Arabian Sea, Gulf of and Red Sea, should have in place relevant policies and related procedures. Such policies and procedures, whilst addressing the concerns of the State which has promulgated them, should facilitate the movement of PCASP and of their firearms and security-related equipment and be made known to the industry and to the PCASP service providers. In addition, they should be communicated to the Organization for the information of all Member Governments, in order to enable flag States to act accordingly. 6The use of PCASP for enhancing the security of ships navigating in or through the High Risk Area is a very recent and still evolving development. , it is recognized that existing national legislation, policies and procedures may not have been developed taking into account or to cater for the various scenarios related to the embarkation or disembarkation of PCASP or of their firearms or security-related equipment or for the arrival, stay or departure of ships carrying PCASP or their firearms or security-related equipment, during their voyage. Thus, when developing their policies and procedures on the issue, Governments, aside from ensuring internal coordination and coherence amongst the approaches of the different ministries, departments, authorities or 1High Risk Area: an area as defined in the Practices for Protection against Piracy (MSC.1/Circ.1339), unless otherwise defined by the flag State. I:\CIRC\MSC\01\1408-Rev-1.doc MSC.1/Circ.1408/Rev.1 agencies within whose competency the various matters may fall, should not establish policies and procedures which hinder or may hinder the continuation of trade or interfere with the navigation of ships and should ensure that all are consistent with international law. 7 In developing such policies and related procedures, Governments are encouraged to take into account the following considerations: .1 requirements regarding notification of firearms and security-related equipment proposed for embarkation; .2 arrangements and requirements relating to firearms in transit, including pre-embarkation storage and security; .3 requirements regarding identification and notification of PCASP; .4 requirements regarding documentation of flag State authorization of PCASP, firearms and security-related equipment, as applicable; and