December, 2008 

UNITED 

STATES 

OF 

AMERICA

COUNTERING PIRACY OFF THE HORN OF 

AFRICA: PARTNERSHIP & ACTION PLAN

National Security Council 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

Table of Contents 

Executive Summary...................................................................................................................................3

The Case for Action ...................................................................................................................................4

Overview of the Threat .............................................................................................................................5

Objectives ....................................................................................................................................................6

Global Partnership.....................................................................................................................................7

Lines of Action............................................................................................................................................7

1. Prevent pirate attacks by reducing the vulnerability of the maritime domain to piracy ...7

2. Interrupt and terminate acts of piracy consistent with international law and the rights 

and responsibilities of coastal and flag states ..................................................................................10

3. Ensure that those who commit acts of piracy are held accountable for their actions by 

facilitating the prosecution of suspected pirates by flag, victim, and coastal states, and, in 

appropriate cases, the United States..................................................................................................12

Monitoring and Review ..........................................................................................................................14

Annex 1: United States Maritime Security (Piracy) Policy.................................................................15
Countering Piracy Off Somalia: Partnership & Action Plan

Executive Summary 

Maritime piracy is a universal crime under international law which places the lives of seafarers 

in jeopardy and affects the shared economic interest of all nations. The United States will not 

tolerate a haven where pirates can act with impunity; it is therefore in our national interests to 

work with all States to repress piracy off the Horn of Africa. 

In addition to placing the lives and safety of seafarers in jeopardy, a single piratical attack 

affects the interests of numerous countries, including the flag State of the vessel, various States 

of nationality of the seafarers taken hostage, regional coastal States, owners’ States, and cargo 

destination and transshipment States. In the case of Somalia-based piracy, increasingly brazen 

attacks in 2.5 million square miles of ocean from land-based enclaves along an under-governed 

and economically devastated 2,300-mile coast pose a threat to global shipping. This 

combination of illicit activity and non-existent rule of law offer a potential breeding ground for 

other transnational threats. 

This Plan implements the National Strategy for Maritime Security (September 2005) and the Policy 

for the Repression of Piracy and other Criminal Acts of Violence at Sea (June 2007) as applied to 

piracy off the Horn of Africa. The Strategy affirms the vital national interest of the United States 

in maritime security, and recognizes that nations have a common interest in achieving two 

complementary objectives: to facilitate the vibrant maritime commerce that underpins economic 

security, and to protect against ocean-related criminal and dangerous acts, including piracy. 

Our Policy provides that we shall “[c]ontinue to lead and support international efforts to repress 

piracy . . . and urge other states to take decisive action both individually and through 

international efforts.” Accordingly, this Plan seeks to involve all nations, international 

organizations, industry, and other entities that have an interest in maritime security to take 

steps to repress piracy off the Horn of Africa. 

This Plan’s objective is to repress piracy off the Horn of Africa in the interest of the global 

economy, freedom of navigation, Somalia, and the regional states. Accordingly, this Plan 

focuses on immediate operational measures to prevent, disrupt, and punish acts of Somali 

pirate organizations. We intend this Plan to respond to the growing threat and to be mutually 

supportive of longer-term initiatives aimed at establishing governance, rule of law, security, 

and economic development in Somalia. 

Describing the case for urgent action, this Plan then provides an overview of the threat. 

Subsequently, the Plan sets forth three distinct lines of action with specific measures in 

furtherance of each: 1) prevent pirate attacks by reducing the vulnerability of the maritime 

domain to piracy; 2) disrupt acts of piracy consistent with international law and the rights and 

responsibilities of coastal and flag States; and 3) ensure that those who commit acts of piracy are 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

held accountable for their actions by facilitating the prosecution of suspected pirates by flag, 

victim and coastal States, and, in appropriate cases, the United States. 

The Case for Action 

For over 2,000 years, the nations of the world have considered pirates to be enemies of the 

human race (hostes humani generis). Accordingly, every nation has the legal authority to 

establish jurisdiction over piracy and punish the offenders, regardless of the nationality of the 

perpetrator or victim. 

Piracy in the 21st century is a serious and growing problem. We live in an interdependent and 

interconnected global society supported by a global economy – and that economy simply 

cannot function if the world’s oceans are not safe and secure for maritime commerce. 

Accordingly, the nations of the world must work with international organizations and the 

shipping industry to confront and repress any persistent piracy threat to global shipping and 

the freedom of navigation upon which it depends. 

Piratical attacks off the Horn of Africa constitute a threat to the lives and welfare of the citizens 

and seafarers of many nations. Nearly 12% of the world’s petroleum passes through the Gulf of 

Aden, which is one of the world’s most important waterways. A single piratical attack often 

affects the interests of numerous countries, including the flag State of the vessel, various States 

of nationality of the seafarers taken hostage, regional coastal States, owner States, and cargo 

owner, transshipment, and destination States. Further, such attacks undermine confidence in 

global sea lines of communication, weaken or undermine the legitimacy of States, threaten the 

legitimate revenue and resources essential to the building of Somalia, cause a rise in maritime 

insurance rates and cargo costs, increase the risk of environmental damage, and endanger the 

lives of seafarers who may be injured, killed, or taken hostage for ransoms. 

The National Strategy for Maritime Security (September 2005) (“the Strategy”) declares our vital 

national interest in maritime security, and recognizes that nations have a common interest in 

achieving two complementary objectives: to facilitate the vibrant maritime commerce that 

underpins economic security, and to protect against ocean-related terrorist, hostile, criminal, 

and dangerous acts, including piracy. In furtherance of this “common interest,” the Strategy

mandates “full and complete national and international coordination, cooperation, and 

intelligence and information sharing among public and private entities ... to protect and secure 

the maritime domain.” The United States’ Policy for the Repression of Piracy and other Criminal 

Acts of Violence at Sea (June 2007) (Annex 1, “the Policy”) provides that we shall “[c]ontinue to 

lead and support international efforts to repress piracy and other acts of violence against 

maritime navigation and urge other states to take decisive action both individually and through 

international efforts.” 
Countering Piracy Off Somalia: Partnership & Action Plan

This Plan implements the United States’ national strategy and policy to foster international 

cooperation and integration among all nations, international organizations, industry and other 

entities that have an interest in maritime security to ensure the full range of lawful and timely 

actions necessary to repress piracy off the Horn of Africa. 

Overview of the Threat 

Piracy off the Horn of Africa is growing in frequency, range, aggression, and severity at an 

alarming rate. Somali pirates operate along a 2,300-mile coast and in 2.5 million square miles of 

ocean. Since late 2007, Somali pirates have attacked and harassed vessels transiting up to 450 

miles offshore in the Indian Ocean and in the Gulf of Aden, a natural chokepoint providing 

access to the Red Sea and the Suez Canal. Somali-based piracy against chemical and oil tankers, 

freighters, cruise ships, yachts, and fishing vessels poses a threat to global shipping. This 

combination of illicit activity and non-existent rule of law offers a breeding ground for higher 

levels of instability, organized crime, and other transnational threats. 

Somali pirates operate from well-equipped and well-armed bases ashore along the Indian 

Ocean coast of Central Somalia and Puntland, from the port towns of Caluula, Eyl, Hobyo, and 

Haradheere. They depart from these bases typically using four or five pirates in small, 

lightweight, fiberglass molded skiffs powered by one or more outboard motors and able to 

attain speeds in excess of 30 knots. These skiffs usually hunt for vulnerable vessels with a low 

freeboard traveling under 15 knots during daylight. 

Once they target a vessel, pirates typically coordinate a two- or three-pronged simultaneous 

attack from multiple directions. Pirates are typically armed and fire upon their targets with 

small arms, automatic weapons, and rocket-propelled grenades, which they likely obtain 

through the constant and largely unimpeded stream of illegal weapons transiting through 

Somalia in violation of the 1992 United Nations embargo on arms into Somalia (U.N. Security 

Council Resolution 733 (1992)). Depending on the characteristics and compliance of the victim 

vessel, pirates can board and commandeer a vessel in less than 20 minutes from the initial 

attack. If the hijacked vessel is of low ransom value, such as a fishing vessel or cargo dhow, 

pirates may use it opportunistically as a “mother ship” to launch additional attacks on larger, 

more lucrative merchant vessels. 

In many cases, merchant vessels have been able to fend off pirates or avoid attacks using 

relatively simple best practices - such as increased surveillance, transiting at night, charging fire 

hoses, speeding up and evasive maneuvering. In other cases, the pirated vessel has allowed 

itself to become a victim by stopping. Vessels with low power and low freeboard require 

additional measures to avoid capture – such as embarked security teams, employing boarding 

obstacles such as razor wire, and rehearsing lockdown procedures. Although pirates brandish 

weapons and have fired upon ships, it is contrary to their interest to intentionally harm the 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

hostages needed to leverage the maximum ransom, or actually disable the ship because they 

need it to bring their hostages to the coast near their safe havens ashore. 

Ransom payments are the lifeblood of Somali pirates: each ransom paid further emboldens 

these pirates and perpetuates the threat. Somali pirates have yet to display an interest in 

stealing cargo or reusing pirated ships for other purposes (other than temporarily as mother 

ships). Instead, Somali pirates have created highly visible hostage-for-ransom situations. The 

pirates have brought seized vessels, cargoes, and crews from the high seas into Somali 

territorial waters near one of their main land bases of operation where they have access to food, 

water, khat, weapons, ammunition, and other resources during ransom negotiations. Pirates 

aboard the seized ship negotiate ransoms with the ship’s owner or agent using the ship’s 

communication equipment. Shipping interests typically pay ransoms in cash ranging from 

$500,000 to $2 million, with the overall income from piracy ransoms estimated to exceed $30 

million in 2008. High profits with low costs and little risk of consequences in a failed and 

starving State ensure that Somali pirate groups have almost unlimited human resources and do 

not lack for recruits and support. 

Objectives 

This Plan implements the Strategy and the Policy as applied to piracy off the Horn of Africa. The 

Policy recognizes that responses to piracy will vary according to geographic, political, and legal 

environments, as well as available U.S. and international resources, and that the scope of the 

mission and the defined nature of the threat will affect the choice of response. This Plan 

describes a tailored response to piracy off the Horn of Africa. 

The U.S. objective is to repress this piracy as effectively as possible in the interests of the global 

economy, freedom of navigation, Somalia, and the regional states. Accordingly, this Plan 

focuses on immediate operational counter-measures to prevent, disrupt, and punish acts of 

Somali pirate organizations. Achieving this objective will ultimately require action on land to 

reinforce measures taken at sea and to deprive the pirates of ransom proceeds. Moreover, 

achieving this objective will require cooperation, coordination, and integration among military, 

law enforcement, judicial, diplomatic, and commercial interests in and beyond the affected 

region. 

This Plan recognizes that piracy off the Somali coast is only one manifestation of the tragic 

events Somalia has experienced for almost 20 years. Consequently, long-term actions to 

establish governance, rule of law, security, and economic development in Somalia are necessary 

to repress piracy fully and sustainably in the region. We intend for this Plan -- consistent with 

international law and with full respect for the sovereignty, territorial integrity, political 

independence and unity of Somalia -- to reduce the incidents of piracy, thereby decreasing the 

impact on global commerce, and preventing the lack of security in Somalia from reaching out 

beyond its shores. 
Countering Piracy Off Somalia: Partnership & Action Plan

Global Partnership 

A guiding principle of the Strategy is that success in securing the maritime domain will not 

come from the United States acting alone, but through a powerful coalition of nations 

maintaining a strong, united front. The need for coordinated multilateral cooperation stems 

from the fact that most of the world’s maritime domain is under no single nation’s sovereignty 

or jurisdiction. Thus, effective management and policing of the domain require international 

cooperation of all interested States. Moreover, Somali territorial waters and the adjacent shore 

are largely ungoverned, allowing piracy to flourish and spill out into the international maritime 

domain. 

Globalization and its attendant economic interdependency made possible largely by maritime 

shipping make imperative the coordinated efforts and actions of States, international 

organizations, and industry to repress piracy off the Horn of Africa. Maritime patrol forces 

alone cannot provide a complete response to this particular threat. 

In the short term, an effective global partnership must: 

• Implement a consequence delivery system aimed at Somali pirates; 

• Improve and share counter-piracy best practices with industry; 

• Support and assist those States willing to repress piracy at sea and/or deliver or 

facilitate the delivery of consequences ashore; and 

• Enhance the legal and political framework necessary to disrupt and dismantle piratical 

organizations ashore. 

Lines of Action 

Consistent with the President’s Policy, this Plan directs three distinct lines of action. Nested in 

these lines of action are five essential implementation pillars – improving operational and 

intelligence support to counter-piracy operations; strengthening judicial frameworks for 

detention and prosecution of pirates; disrupting pirate financial operations; strengthening 

commercial shipping self-defense capabilities; and pursuing diplomatic and public information 

efforts to discourage piracy. 

1. Prevent pirate attacks by reducing the vulnerability of the 

maritime domain to piracy 

Preventing pirate attacks is both safer and more cost effective than interrupting attacks 

in progress or rescuing hostages after an attack has occurred. Further, the massive 

maritime operating area coupled with the short time necessary for pirates to conduct 

attacks reduces the opportunities for timely response by patrol forces. U.N. Security 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

Council Resolution 1846 specifically “[c]alls upon States, in cooperation with the 

shipping industry, the insurance industry and the IMO [International Maritime 

Organization], to issue to ships ... advice and guidance on avoidance, evasion, and 

defensive techniques and measures to take if under the threat of attack or attack when 

sailing in the waters off the coast of Somalia[.]” We will lead and support the following 

prevention and precautionary measures: 

a. Establish and Maintain a Contact Group – We will immediately establish a 

Contact Group of countries that have the political will, operational capability, 

and/or other resources to devote to combating piracy off the Horn of Africa. The 

Contact Group will meet as necessary and at appropriate levels to develop and 

coordinate international policy initiatives, share and disseminate information, 

provide national forces to engage in, support, or help build the capacity of 

regional partners to undertake counter-piracy operations, and advocate for other 

mechanisms to repress piracy. The Contact Group will coordinate with other 

similar groups, international organizations, and industry to strengthen our 

collective international ability to prevent, interdict, prosecute, and eventually 

eradicate piracy. As a priority, the Contact Group should establish a single 

contact point for ships operating in the Horn of Africa. 

b. Strengthen and Encourage the Use of the Maritime Security Patrol Area 

(MSPA) in the Gulf of Aden – In August 2008, Commander, U.S. Naval Central 

Command, established an MSPA in the Gulf of Aden to focus efforts to counter 

destabilizing activities and improve security in the region while long-term 

initiatives mature. Combined Maritime Forces (CMF) warships and aircraft 

patrol this area and preliminary data indicates that the pirate success rate for 

hijacking is only slightly lower inside the MSPA than outside. The United States 

will encourage other nations to assign more forces, such as law enforcement and 

naval air and surface assets, in order to increase coverage within the MSPA; in 

return, the United States, within legal constraints, will share information and 

coordinate with non-CMF member navies that are acting to repress piracy. The 

United States will also encourage the maritime industry to increase its use of the 

MSPA, in order to enhance its effectiveness. 

c. Updating Ships’ Security Assessment and Security Plans – The International 

Ship and Port Facility Security Code (ISPS) requires ships security assessments 

(SSA) and ships security plans (SSP) to be periodically reviewed, audited, and 

amended in response to experience or changing circumstances. Recognizing that 

it is essential that all civilian and commercial vessels operating off the Horn of 

Africa take immediate and continued risk-based measures to mitigate the threat 

of pirate attacks and boardings, we urge all Contracting Governments to ensure 
Countering Piracy Off Somalia: Partnership & Action Plan

that vessels flying their flag and operating within 500 nautical miles of Somalia 

or in the Gulf of Aden review and amend their SSPs as needed. The United 

States supports the integration of the full spectrum of appropriate passive and 

active security measures into vessel SSPs. Accordingly, for the Gulf of Aden, we: 

• Encourage vessels to operate at fastest speed (those operating under 16 

knots with a low freeboard (less than six meters) should consider 

themselves at extremely high risk). 

• Encourage vessels that are unable to out run pirate vessels to change 

course repeatedly (consistent with safe navigation) and conduct 

nighttime transits. 

• Encourage vessels to take measures including, where necessary, changing 

their operational procedures to make it more difficult for pirates to board 

their vessels while underway near the Horn of Africa. 

• Encourage the design and modification of vessel structure to prevent or 

delay gaining vessel control in the event that pirates board the vessel. 

Examples may include safe-areas for crews to muster and physical 

barriers to control areas. 

• Encourage all vessels to use appropriate non-lethal measures such as 

netting, wire, electric fencing, long-range acoustical devices, and fire 

hoses to prevent boarding. 

• Support the establishment of international standards of training and 

certification for professional shipboard security consultants and third 

party security providers. 

• Encourage the embarkation of properly certified unarmed security 

consultants on vessels transiting the region. Such consultants should be 

encouraged to provide security measures, including intelligence reports 

for vessels in transit, onboard training and non-lethal use of force 

capabilities, and night vision equipment. 

 

• Recognize that in appropriate circumstances properly screened and 

certified third-party security providers with firearms, operating in 

compliance with applicable coastal, port, and flag State laws may be an 

effective deterrent to pirate attacks off the Horn of Africa. 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

• Encourage all vessels transiting the Gulf of Aden and the waters off the 

Somali coast to identify themselves and, if applicable, their escorts, before 

entering the Gulf of Aden region, by contacting the designated 

coordination center without making this information subject to 

interception by persons supporting the pirates. 

• Reiterate the warnings and recommendations provided to mariners in 

recent Maritime Advisories, including the distress calling procedures, 

and encourage mariners to heed all similar future communications. 

d. Strategic Communication - We will lead and support a global public 

information and diplomatic campaign to highlight the international cooperation, 

coordination, and integration undertaken to repress piracy off the Horn of 

Africa, while emphasizing its destructive effects on trade, human and maritime 

security, and the rule of law. Part of our message will be that the Contact Group 

will help the Transitional Federal Government of Somalia develop strategies and 

capacity to protect Somali fishing rights in its territorial waters. 

2. Interrupt and terminate acts of piracy consistent with 

international law and the rights and responsibilities of coastal 

and flag states 

a. Support and Contribute to a Regionally Based Counter-Piracy Coordination 

Center (CPCC) - In order to best mobilize and leverage all of the military, 

diplomatic, international, law enforcement, and industry stakeholders with 

persistent counter-piracy resources in the region, we will support and contribute 

to the operation and maintenance of a 24x7 CPCC in the region. We will work 

with all stakeholders to establish a single, centralized service to receive reports of 

piracy and suspicious vessels, alert maritime interests, gather and analyze 

information regarding piracy off the Horn of Africa, provide a secure common 

operating picture for stakeholder governments and the shipping industry, and, 

as appropriate, coordinate the dispatch of available response assets, taking into 

account existing capabilities. 

b. Seize and Destroy Vessels Outfitted for Piracy and Related Equipment - 

International law provides that a ship or aircraft is a pirate ship or aircraft if 

persons in dominant control intend to use it to commit an act of piracy. The 

same applies if the ship or aircraft has been used to commit any such act, so long 

as it remains under the control of the persons violating that act. Consistent with 

applicable U.N. Security Council resolutions and subject to the availability of 
Countering Piracy Off Somalia: Partnership & Action Plan

resources, we may conduct and urge others to conduct operations in 

international waters and in the territorial sea of Somalia targeting the interdiction 

of vessels intended to be used or that have been used to commit piratical acts, 

and also in the territory of Somalia to suppress piracy. Thus, apparently stateless 

(unregistered) skiffs and other vessels outfitted for piracy (e.g., possessing 

grappling hooks, rocket propelled grenades, automatic weapons, outboard 

engines over 50hp) are subject to boarding, search, and seizure under 

international law in the same manner as those that have completed piratical acts 

or that have themselves been seized by pirates. We will seize and destroy any 

implements of piracy and, in appropriate cases, seize and destroy vessels 

outfitted for piracy. In cases involving the seizure or destruction of pirate 

vessels, we will deliver those individuals to States willing and able to ensure 

they are prosecuted , including, as appropriate, to authorities ashore in Somalia, 

including in Puntland and Somaliland. We will seek, as necessary, agreements 

and arrangements with regional States to facilitate the expeditious disposition of 

such persons, and welcome recent arrangements between Kenya and the UK. 

c. Persistent Interdiction-Capable Presence - Consistent with other U.S. mission 

requirements, U.S. Navy and/or U.S. Coast Guard forces operating in the region 

provide persistent interdiction through presence, can conduct maritime counterpiracy operations, and shall coordinate counter-piracy activities with other forces 

operating in the region to the extent practicable. When in range, these forces will 

prevent suspected pirate vessels from operating, respond to reports of piratical 

attacks with the objective of disrupting such attacks by presence, and, in 

appropriate circumstances, terminate the act of piracy and any included hostage 

situation with intent to deliver any surviving pirates ashore for prosecution once 

appropriate mechanisms for consequence delivery are in place. Effective and 

prompt consequence delivery mechanisms are essential towards making this 

successful. 

d. Support Shiprider Programs and Other Bilateral and Regional Counter-Piracy 

Agreements and Arrangements - We will support and participate in the 

development of Shiprider programs and other bilateral and regional counterpiracy agreements and arrangements. In particular, we will fully support the 

effort of the IMO to conclude and implement a sub-regional arrangement 

concerning the repression of piracy and armed robbery at sea in the Western 

Indian Ocean, the Gulf of Aden, and the Red Sea. Once effective, the IMOsponsored arrangement is expected to enhance the ability of participants to take 

measures to repress piracy and armed robbery at sea; embark law enforcement 

officials (shipriders) on patrol ships or aircraft of other participants; facilitate 

coordinated, timely, and effective information flow among the participants to 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

enhance operational coordination; collect, collate, and analyze incident 

information reported by participants; facilitate the provision of assistance 

between participants; and facilitate review of national legislation for the 

prosecution, conviction, and punishment of those involved in acts of piracy and 

armed robbery at sea. 

e. Disrupt and Dismantle Pirate Bases Ashore - Piracy at sea can only be abated if 

pirate bases ashore are disrupted or dismantled. We have obtained appropriate 

authority from the United Nations Security Council and agreement from Somali 

authorities to do so. We will work with concerned governments and 

international organizations to disrupt and dismantle pirate bases to the fullest 

extent permitted by national law. 

f. Disrupt Pirate Revenue - We will coordinate with all stakeholders to deprive 

pirates and those supporting the pirates of any illicit revenue and the fruits of 

their crime, advocating the development of national capabilities to gather, assess, 

and share financial intelligence on pirate financial operations, with the goal of 

tracing payments to and apprehending the leaders of pirate organizations and 

their enablers. To this end, we will collaborate with governments and the 

shipping industry to develop a consistent response to the payment of ransom 

demands. There are substantial long-term risks in surrendering to the ransom 

demands of pirates. Paying ransoms puts other seafarers at increased risk, 

enables the pirates to apply the financial leverage to increasing capability and 

capacity, incentivizes piracy, and ultimately provides support to criminal 

organizations. Any strategic communications strategy must convey these 

concerns. We will improve our ability to collect and share intelligence on pirate 

financial operations, coordinating with other stakeholders to trace pirate 

revenues. We will consider taking action to apprehend, prosecute, and punish 

persons or entities that aid and abet or conspire with pirates in violation of 

national law. 

3. Ensure that those who commit acts of piracy are held 

accountable for their actions by facilitating the prosecution of 

suspected pirates by flag, victim, and coastal states, and, in 

appropriate cases, the United States 

Somali-based piracy is flourishing because it is currently highly profitable and nearly 

consequence-free. Establishing an effective consequence delivery system is essential to 
Countering Piracy Off Somalia: Partnership & Action Plan

the success of any counter-piracy operations. Effective delivery of consequences must 

follow interdiction activities. 

a. Conclude agreements and arrangements to formalize custody and prosecution 

arrangements - We will seek agreements and arrangements with States in and 

beyond the region to facilitate expeditious investigation, prosecution, and 

punishment, as appropriate, for any captured, suspected pirates. We will also 

seek agreements and arrangements with States in the region to allow the use of 

their territory as a holding area before delivering captured pirates to other States 

that have an interest and willingness to prosecute the captured, suspected 

pirates. We welcome the willingness of Kenya to receive and prosecute pirates 

and will support and encourage other stakeholders to support Kenya in that 

endeavor. 

b. Support and encourage the exercise of jurisdiction under the SUA Convention 

- The United States will support and encourage the exercise of relevant and 

appropriate jurisdiction of flag, port, and coastal States, as well as States of the 

nationality of victims and perpetrators of piracy, through the prosecution of any 

persons having committed an act of piracy. We will urge other States Parties to 

the Convention for the Suppression of Unlawful Acts against the Safety of 

Maritime Navigation, 1988 (SUA), to use the Convention as a vehicle for the 

prosecution of such acts as violations of article 3 of the Convention. This model 

enables a framework under articles 7, 8 and 10 of the Convention whereby 

masters of ships may deliver suspected SUA offenders to a coastal State Party, 

which is obliged to accept custody unless it can articulate why the Convention is 

not applicable and extradite the offenders to an interested State or submit the 

case to its own authorities for the purpose of prosecution. We will also consider 

providing appropriate available investigative and logistical support and 

assistance to States that are willing to assist in holding suspected pirates, 

investigation of their offenses, and their removal to appropriate venues for 

prosecution. We will endeavor to assist any willing State in the development of 

legislation, regulations, procedures, and infrastructure necessary to meet SUA 

obligations in this context. 

c. Support and encourage the use of other applicable international conventions 

and customary international law - The United States will also support and 

encourage the exercise of relevant and appropriate jurisdiction through the 

framework of other applicable international conventions. For example, the 1979 

Hostage Taking Convention, the 2000 Transnational Organized Crime 

Convention, and the 1999 Terrorist Financing Convention may apply to piracy 

cases in some circumstances. In cases of States that are not Parties to these 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

conventions or to the SUA Convention, we will fully support and encourage the 

exercise of relevant and appropriate jurisdiction over interdicted pirates in 

accordance with customary and treaty-based international law. We will also 

continue to discuss with other concerned and interested States the possibility of 

an international court or tribunal to prosecute captured pirates, if necessary. 

d. Enhance capabilities of regional States to accept suspected pirates for 

prosecution, extradition, and incarceration - We will work with interested 

parties to identify the nature and scope of international assistance needed to 

enhance the capacities of relevant States in the region, in particular in connection 

with the arrest, detention, prosecution and fair trial of persons accused of being 

involved in piracy. We will also pursue bilateral assistance programs for judicial 

capacity building efforts, including through the establishment of hybrid systems 

in which international experts could assist national courts in the region. 

 Monitoring and Review 

We will monitor progress towards our objective under this Plan and will encourage our 

global partners to share their results and experiences with us. The Secretary of State and 

Secretary of Defense shall establish a high-level inter-agency, operational task force to 

coordinate, implement, and monitor the actions centered in this Plan.. Subject to the 

availability of resources, the Departments of State, Defense, Homeland Security, Justice, 

Transportation, Treasury, and the Director of National Intelligence shall contribute to, 

coordinate, and undertake initiatives in accordance this Plan. 
Countering Piracy Off Somalia: Partnership & Action Plan

Annex 1: United States Maritime Security (Piracy) Policy 

For Immediate Release 

Office of the Press Secretary 

June 14, 2007 

Memorandum from the President 

MEMORANDUM FOR THE VICE PRESIDENT 

THE SECRETARY OF STATE 

THE SECRETARY OF THE TREASURY 

THE SECRETARY OF DEFENSE 

THE ATTORNEY GENERAL 

THE SECRETARY OF COMMERCE 

THE SECRETARY OF TRANSPORTATION 

THE SECRETARY OF ENERGY 

THE SECRETARY OF HOMELAND SECURITY 

ASSISTANT TO THE PRESIDENT AND CHIEF OF STAFF 

DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET 

DIRECTOR OF NATIONAL INTELLIGENCE 

ASSISTANT TO THE PRESIDENT FOR NATIONAL SECURITY AFFAIRS 

COUNSEL TO THE PRESIDENT 

ASSISTANT TO THE PRESIDENT FOR HOMELAND SECURITY AND COUNTERTERRORISM 

DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY 

CHAIRMAN OF THE JOINT CHIEFS OF STAFF 

DIRECTOR OF THE FEDERAL BUREAU OF INVESTIGATION 

DIRECTOR, NATIONAL COUNTERTERRORISM CENTER 

SUBJECT: Maritime Security (Piracy) Policy 

The attached Policy for the Repression of Piracy and Other Criminal Acts of Violence at Sea (Piracy 

Policy) is approved for immediate implementation, consistent with applicable law and subject to the 

availability of appropriations. The policy shall be appended to the National Strategy for Maritime Security 

as Annex B. 

This policy responds to the emergence of high-risk maritime areas that threaten U.S. interests. Recent 

instances of piracy have highlighted the need for this policy in order to coordinate U.S. Government 

response and to promote international solutions. This policy advances our commitment to cooperate with 

other states, regional and international organizations, and the maritime industry in order to counter this 

threat. The United States has long been a leader in the protection of navigational rights and freedoms. 

Our objectives consistently have been to promote and facilitate peaceful international uses of the oceans. 

We recognize that all nations have an interest and responsibility in protecting those rights and freedoms. 

GEORGE W. BUSH 

# # # 

Attachment Tab 1 Policy for the Repression of Piracy and Other Criminal Acts of Violence at Sea 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

Annex B

Policy for the Repression of Piracy and other Criminal Acts of Violence at Sea

 

I. PURPOSE

This document establishes United States Government policy and implementation actions to cooperate 

with other states and international and regional organizations in the repression of piracy and other 

criminal acts of violence against maritime navigation.[1]

II. BACKGROUND

Piracy is any illegal act of violence, detention, or depredation committed for private ends by the crew, or 

the passengers, of a private ship and directed against a ship, aircraft, persons, or property on the high 

seas or in any other place outside the jurisdiction of any state. Piracy also includes inciting or facilitating 

an act of piracy, and any act of voluntary participation in the operation of a ship with knowledge of facts 

making it a pirate ship. Piracy is a universal crime, and all states are obligated to cooperate to the fullest 

possible extent in the repression of piracy.[2] 

Piracy threatens U.S. national security interests and the freedom and safety of maritime navigation 

throughout the world, undermines economic security, and contributes to the destabilization of weak or 

failed state governance. The combination of illicit activity and violence at sea might also be associated 

with other maritime challenges, including illegal, unlawful, and unregulated fishing, international 

smuggling, and terrorism. 

Criminal and terrorist activities not defined as piracy also occur at sea and similarly threaten U.S. 

economic and national security interests. These acts of violence endanger the safety of maritime 

navigation and may involve weapons of mass destruction. The prevention, interdiction, and punishment 

of those acts occurring in territorial seas are generally the responsibility of the coastal state. Prevention 

and punishment of acts occurring in international waters likely will require international cooperation and 

adequate domestic legal systems, most recently reflected in the 2005 Protocols to the 1988 Convention 

for the Suppression of Unlawful Acts against the Safety of Maritime Navigation and the Protocol for the 

Suppression of Unlawful Acts against the Safety of Fixed Platforms located on the Continental Shelf. 

The policy set forth in this annex fosters both increased interagency coordination and international 

cooperation and is consistent with, supports, and builds upon existing maritime security efforts for piracy 

repression. 

III. POLICY

The United States strongly supports efforts to repress piracy and other criminal acts of violence against 

maritime navigation. The physical and economic security of the United States -- a major global trading 

nation with interests across the maritime spectrum -- relies heavily on the secure navigation of the world’s 

oceans for unhindered legitimate commerce by its citizens and its partners. Piracy and other acts of 

violence against maritime navigation endanger sea lines of communication, interfere with freedom of 

navigation and the free flow of commerce, and undermine regional stability. 

Piracy endangers maritime interests on a global scale, and the responsibility for countering this threat 

does not belong exclusively to the United States. Consequently, the United States will engage states and 

international and regional organizations to develop greater resources, capacity, and authorities to repress 

piracy and maximize inclusion of coalition assets in piracy repression operations. 

Piracy repression should include diplomatic, military, intelligence, economic, law enforcement, and judicial 

actions. Effectively responding to piracy and criminal activity sends an important deterrent message and 

requires coordination by all departments and agencies of the U.S. Government in order to ensure that 

those responsible are brought to justice in a timely manner. 
Countering Piracy Off Somalia: Partnership & Action Plan

It is the policy of the United States to repress piracy, consistent with U.S. law and international 

obligations, and to cooperate with other nations in repressing piracy through the following actions: 

• Prevent pirate attacks and other criminal acts of violence against U.S. vessels, persons, and 

interests; 

• Interrupt and terminate acts of piracy consistent with international law and the rights and 

responsibilities of coastal and flag states; 

• Reduce the vulnerability of the maritime domain to such acts and exploitation when U.S. interests 

are directly affected; 

• Ensure that those who commit acts of piracy are held accountable for their actions by facilitating 

the prosecution of suspected pirates and ensure that persons suspected of committing acts of 

violence against maritime navigation are similarly held accountable by flag and littoral states and, 

in appropriate cases, the United States; 

• Preserve the freedom of the seas, including high seas freedoms; 

• Protect sea lines of communication; and 

• Continue to lead and support international efforts to repress piracy and other acts of violence 

against maritime navigation and urge other states to take decisive action both individually and 

through international efforts. 

Responses to these threats will vary according to geographic, political, and legal environments. The 

scope of the mission and the defined nature of the threat also will affect the choice of response. 

IV. IMPLEMENTATION

The Assistant to the President for National Security Affairs and the Assistant to the President for 

Homeland Security and Counterterrorism shall lead an interagency process to accomplish the following 

tasks: 

• Incorporate this policy into the Maritime Operational Threat Response Plan (Protocols), as 

appropriate; 

• Oversee the development of specific guidance and protocols for the prevention of and response 

by the United States Government to piracy and other acts of violence against the safety of 

maritime navigation; 

• Review existing U.S. laws against or relating to piracy and prepare for consideration such 

amendments as may be necessary to enhance our ability to prosecute pirates in U.S. courts;[3]

and 

• Seek international cooperation, consistent with the International Outreach and Coordination 

Strategy of the National Strategy for Maritime Security, to enhance the ability of other states to 

repress piracy and other criminal acts of violence against maritime navigation and to support U.S. 

anti-piracy actions. 

[1] The National Security Strategy (2006) and the National Strategy for Maritime Security identify these 

maritime threats. 

[2] Articles 14-15, Convention on the High Seas (1958), and Articles 100-101, Law of the Sea 

Convention (1982). 
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Countering Piracy Off the Horn of Africa: Partnership & Action Plan

[3] U.S. Constitution, Article I, Section 8; 18 USC 7(1) (Special Maritime and Territorial Jurisdiction of the 

United States); 18 USC 111 (Assault on Federal Officials); 18 USC 113 (Assault on the high seas); 18 

USC 371 (Conspiracy); 18 USC 844(i) (Use of explosive against property used in foreign commerce of 

the United States or against any property used in an activity affecting foreign commerce of the United 

States); 18 USC 1651 (Piracy on the high seas); 18 USC 1659 (plundering a ship); 18 USC 2111 

(Robbery on high seas); 18 USC 2280(a)(1)(A),(B), and/or (H) (Maritime violence/hijacking of a ship); 18 

USC 2232 (Assaults on U.S. nationals overseas); 18 USC 2232a (Use of WMD against U.S. nationals 

outside of the U.S.)