1 Purpose
Clasification Society 2024 - Version 9.40
Statutory Documents - IMO Publications and Documents - Circulars - Maritime Safety Committee - MSC.1/Circular.1443 – Interim Guidance to Private Maritime Security Companies Providing Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area1 – (25 May 2012) - Annex – Interim Guidance to Private Maritime Security Companies Providing Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area1 - 1 Purpose

1 Purpose

  1.1 In recent years there has been a significant increase in the number of ship operators choosing to employ privately contracted armed security personnel (PCASP) for protection against attacks by Somalia-based pirates in the High Risk Area (HRA) of the Western Indian Ocean and Gulf of Aden. According to the United Nations Convention on the Law of the Sea (UNCLOS) (part II, section I, article 2) and customary international law, a coastal State has sovereignty in its territorial sea. This sovereignty within the territorial sea is exercised subject to the rules of innocent passage as per UNCLOS (part II, section 3), and other rules of international law. However, no international guidance or standards exist at present for private maritime security companies (PMSC) providing such services. Such guidance would improve governance, reduce the potential for accidents, and promote competent, safe and lawful conduct at sea.

  1.2 Article 92 of UNCLOS refers to the flag State's "exclusive jurisdiction on the high seas", and article 94 of UNCLOS to "duties of the flag State." It is recognized that the decision to allow PCASP on board ships is the prerogative of flag States and not all flag States may allow their use.

  1.3 PMSC should acknowledge the possible existence of legal responsibilities with respect to the deployment of PCASP. This should include PMSC seeking the appropriate approval, as applicable and prior to embarking PCASP on board ships, from the competent authorities in:

  • .1 flag States;

  • .2 countries where the PMSC is registered; and

  • .3 countries in which operations are conducted or managed, including countries through which PCASP may transit.

  1.4 The purpose of this guidance is to provide interim guidance to PMSC to enable:

  • .1 the appropriate content and nature of the documented procedures to be put in place, to allow shipowners to make an informed judgement on the selection of PMSC; and

  • .2 PMSC to provide assistance to shipowners in the prevention of acts of piracy and armed robbery against ships in the identified HRA, through the considered deployment of PCASP.

  1.5 This interim guidance is not legally binding and is not in itself a set of certifiable standards. It does, however, provide minimum recommendations on the competencies and abilities a professional PMSC is expected to have.

  1.6 This interim guidance to PMSC should be read in conjunction with 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; MSC.1/Circ.1406/Rev.2 on Revised interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area; MSC.1/Circ.1408/Rev.1 on Revised interim recommendations for port and coastal States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area; and the information provided in MSC-FAL.1/Circ.2 on Questionnaire on information on port and coastal 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.

Parent topic: Annex – Interim Guidance to Private Maritime Security Companies Providing Privately Contracted Armed Security Personnel on Board Ships in the High Risk Area footnote
Copyright 2022 Clasifications Register Group Limited, International Maritime Organization, International Labour Organization or Maritime and Coastguard Agency. All rights reserved. Clasifications Register Group Limited, its affiliates and subsidiaries and their respective officers, employees or agents are, individually and collectively, referred to in this clause as 'Clasifications Register'. Clasifications Register assumes no responsibility and shall not be liable to any person for any loss, damage or expense caused by reliance on the information or advice in this document or howsoever provided, unless that person has signed a contract with the relevant Clasifications Register entity for the provision of this information or advice and in that case any responsibility or liability is exclusively on the terms and conditions set out in that contract.