Annex – Revised Interim Recommendations for Flag States Regarding the Use of Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area footnote
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Annex – Revised Interim Recommendations for Flag States Regarding the Use of Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area footnote

 

1 These 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.

2 In 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 equipmentfootnote 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.

3 Flag 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 masters, seafarers, shipowners, operators and companies with respect to the national policy on carriage of armed security personnel.

4 Flag States should require the parties concerned to comply with all relevant requirements of flag, port and coastal States.

5 Flag 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:

    • .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 ensuring that PMSC employing PCASP on board ships hold valid accredited certification to ISO 28007-1:2015 (Ships and marine technology – Guidelines for Private Maritime Security Companies (PMSC) providing privately contracted armed security personnel (PCASP) on board ships) or meet applicable national requirements;

    • .3 a process for authorizing the use of PCASP which have been found to meet minimum requirements for ships flying its flag;

    • .4 a process by which shipowners, ship operators or shipping companies may be authorized to use PCASP;

    • .5 the terms and conditions under which the authorization is granted and the accountability for compliance associated with that authorization;

    • .6 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 master while on board;

    • .7 reporting and record-keeping requirements; and

  • .3 Provide information to the Organization on the use of PCASP for circulation to Member States.

Parent topic: MSC.1/Circular.1406/Rev.3 – Revised Interim Recommendations for Flag States Regarding the Use of Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area footnote – ( 12 June 2015 )
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