IMO Circulars for combating IMO Circulars for combating piracy and ship security threatspiracy and ship security threats

UNCLOSUNCLOS• United Nations

Convention on the Law of the Sea

MARITIME ZONES

IMO Conventions IMO Conventions

1988 SUA Convention1988 SUA Convention

S i i / t l f hiS i i / t l f hi•• Seizing/control of shipsSeizing/control of ships•• Acts of violence against person on boardActs of violence against person on board•• Destruction or damage to ship or cargoDestruction or damage to ship or cargo•• Placement of devices or substances to destroyPlacement of devices or substances to destroyPlacement of devices or substances to destroy Placement of devices or substances to destroy

or damage shipor damage ship•• Damage/destruction of maritime navigationalDamage/destruction of maritime navigational•• Damage/destruction of maritime navigational Damage/destruction of maritime navigational

facilitiesfacilitiesF l i f tiF l i f ti•• False information False information

SUA 2005:SUA 2005: Article 3Article 3 bisbis OffencesOffences

T i ff b d i

SUA 2005: SUA 2005: Article 3 Article 3 bisbis OffencesOffences

• Terrorism offenses on board or against ships or platformsp p

• Non-proliferation offenses T ti t i t f iti• Transporting terrorist fugitives

• Threats, conspiracy, attempts, p y, p

Current agendas and emerging initiatives on maritime security

SUA 2005:SUA 2005:Article 8 Article 8 bisbis Boarding provisionsBoarding provisions

Frank Wall and Associates

Resolution MSC.228(82)Resolution MSC.228(82)

• Revised Guidelines for the prevention and suppression of the smuggling of drugs, psychotropic gg g g , p y psubstances and precursor chemicals on ships engaged in internationalon ships engaged in international maritime traffic

• updated resolution A.872(20)

Special Measures to Special Measures to ppEnhance Maritime SecurityEnhance Maritime Security

SOLAS Chapter XI-2 & ISPS CodeSOLAS Chapter XI 2 & ISPS Code

Entered into force on 1 July 2004Entered into force on 1 July 2004

On 1 July 2004 applied to 147 StatesOn 1 July 2004 applied to 147 States

Currently applies to Cu e tly appl es to 159 States

Threats to shipsThreats to ships(SOLAS Regulation XI(SOLAS Regulation XI--2/7)2/7)

Contracting Governments:Contracting Governments:•• set security levels, set security levels, •• security level information to ships security level information to ships security level information to ships security level information to ships •• point of contact for advice or assistance point of contact for advice or assistance

reporting of security concerns about other reporting of security concerns about other reporting of security concerns about other reporting of security concerns about other ships, movements or communicationsships, movements or communications

SOLAS regulation XISOLAS regulation XI--2/92/9

CONTROL AND CONTROL AND CONTROL AND CONTROL AND COMPLIANCE MEASURESCOMPLIANCE MEASURESCOMPLIANCE MEASURESCOMPLIANCE MEASURES

Resolution MSC/159(78) on Resolution MSC/159(78) on Interim Guidance on Control and Interim Guidance on Control and Compliance Measures to enhance Maritime SecurityCompliance Measures to enhance Maritime Security

Guidance on voluntary Guidance on voluntary yyselfself--assessmentassessmentMSC 1/Ci 1193MSC 1/Ci 1193MSC.1/Circ. 1193MSC.1/Circ. 1193

• APPENDIX 1 - Voluntary self-assessment questionnaire for Administrationsquestionnaire for Administrations

• APPENDIX 2 - voluntary self-assessment tool for ship securitytool for ship security

MSC.1/Circ.1193 Appendix 1MSC.1/Circ.1193 Appendix 1

• Implementation process• SSA• SSP• SSP• Security levels• Declaration of security

Delegation of tasks and duties• Delegation of tasks and duties

MSC.1/Circ.1193 Appendix 2MSC.1/Circ.1193 Appendix 2•• Section 1Section 1: Ensuring the performance

of all ship security dutiesof all ship security duties •• Section 2Section 2: Controlling access to the

shipship•• Section 3Section 3: : Controlling the

embarkation of persons and theirembarkation of persons and their effectsSection 4Section 4: Monitoring of restricted•• Section 4Section 4: Monitoring of restricted areas

MSC.1/Circ.1193 Appendix 2MSC.1/Circ.1193 Appendix 2

•• Section 5Section 5: Monitoring of deck areas d di th hiand areas surrounding the ship

•• Section 6Section 6: Supervising the handling of p g gcargo and ships’ stores

•• SectionSection 7: Ensuring securitySection Section 7: Ensuring security communication is readily available

•• Section 8Section 8: Training drills and exercises•• Section 8Section 8: Training, drills and exercises•• Section 9Section 9: Miscellaneous

Piracy & armed robberyPiracy & armed robberyPiracy & armed robbery Piracy & armed robbery against shipsagainst shipsagainst shipsagainst ships

UNCLOS Articles 100UNCLOS Articles 100 111111UNCLOS Articles 100UNCLOS Articles 100--111111

Definition of piracyDefinition of piracy Article 101Article 101Definition of piracy Definition of piracy –– Article 101Article 101• Any illegal acts of violence or detention, orAny illegal acts of violence or detention, or

any act of depredation, committed for private ends by the crew or the passengers of a private ship and directed on the high seashigh seasprivate ship and directed on the high seashigh seas, against another shipagainst another ship, or against persons or property on board such ship, or against a ship, p ope ty o boa d suc s p, o aga st a s p,persons or property in a place outside the outside the jurisdiction of any Statejurisdiction of any StateA t f l t ti i ti i th• Any act of voluntary participation in the operation of a ship with knowledge of facts making it a pirate shipmaking it a pirate ship

• Any act of inciting to or of intentionally facilitating such actsg

Apprehension and prosecution ofApprehension and prosecution ofApprehension and prosecution of Apprehension and prosecution of piratespiratespp

• Few pirates are caught and prosecutedI t t t h ti l ffi t i d• Important to have national officers trained in investigation techniques and with knowledge of the legal frameworkknowledge of the legal framework

• Legal framework – criminal jurisdiction and regional co operation agreementsand regional co-operation agreements

• IMO Member States have committed to this now it is up to Law Enforcement tothis – now it is up to Law Enforcement to deliver!

1818

IMO Recommendations:IMO Recommendations:IMO Recommendations:IMO Recommendations:GlobalGlobal

• MSC.1/Circ.1333• MSC.1/Circ.1334• Resolution A 1025(26) - Code of practice • Resolution A.1025(26) - Code of practice

for the investigation and prosecution of th i f i d d bb the crime of piracy and armed robbery against ships

• Resolution A.923(22) – Measures to prevent registration of phantom shipsp g p p

MSC 1/Circ 1333MSC 1/Circ 1333MSC.1/Circ.1333MSC.1/Circ.1333

• Accurate statisticsD l t f t• Development of counter-measures

• Actions plans• Operational arrangements• Reporting to RCCsp g• Guidance on investigation, jurisdiction,

actionaction• Regional agreements

MSC 1/Circ 1334MSC 1/Circ 1334

Ph h

MSC.1/Circ.1334MSC.1/Circ.1334

• Phase approach- 15 phases in four categories

• Ship security plan• Caution with aggressive responseCaution with aggressive response• Watch keeping/vigilance• Secure areas• Secure areas• Fire hoses

Al• Alarms• No firearms• Incident reporting

R l ti A 1025(26)Resolution A.1025(26)Code of Practice for the Investigation of

• Adjust national legislationsCrimes of Piracy and Armed Robbery

j g• Train investigators• Draft an initial report on incident• Draft an initial report on incident• Involved all parties (flag, IMB, Interpol)

Wit • Witnesses • Forensic examination• Distribute outcome of investigation to

appropriate agenciespp p g

R l ti A 923(22)Resolution A.923(22)Measures to Prevent the Registration of

Phantom Ships

• Urge flag States to provide legal basis for ship registrationfor ship registration

• Make aware maritime community of financial/logistic sectors where phantom financial/logistic sectors where phantom ships irregularities are involved

• Invite Governments to review ship registration procedureg p

IMO StatisticsIMO Statistics

R t f

IMO StatisticsIMO Statistics

Reports from:Flag StatesC t l St tCoastal StatesReCAAP ISCMilit i ti UKMTO & MARLOMilitary organizations e.g. UKMTO & MARLOInternational Maritime Bureau

MSC.4/CircularsM thl ith Q t l & A l iMonthly with Quarterly & Annual summarieswww.imo.org

SOSOSOMALIASOMALIA

IMO Recommendations:IMO Recommendations:IMO Recommendations:IMO Recommendations:SomaliaSomalia

MSC.1/Circ.1337 (BMP)

MSC.1/Circ.1380 on Guidance for company it ffi (CSO ) tisecurity officers (CSOs) – preparation

of a Company and crew for the contingency of hij k b i t i th t I di O dhijack by pirates in the western Indian Ocean and the Gulf of Aden

Resolution A.1026(26) – Piracy and armed robbery i t hi i t ff th t f S liagainst ships in waters off the coast of Somalia

BMP 3 BMP 3 -- ContentsContents

• Section 1 Introduction• Section 2 Somali Pirate Activity• Section 3 Risk Assessment• Section 4 Typical Pirate Attacks• Section 5 Implementing BMP• Section 5 Implementing BMP• Section 6 Company Planning• Section 7 Masters’ Planning• Section 8 Prior to Transit – Voyage Planningy g g

BMP 3 BMP 3 -- ContentsContents

• Section 9 Prior to Transit – Self Protection• Measures• Section 10 If a Pirate Attack is Imminent• Section 11 If Boarded by Pirates• Section 12 In the Event of Military Action• Section 12 In the Event of Military Action• Section 13 Post Incident Reporting• Section 14 Updating BMPs

BMP 3 BMP 3 -- AnnexesAnnexes

• A: Useful Contact Details• B: UKMTO Vessel Position Reporting Form• C: Piracy Definitionsy• D: Follow-up Report• E: Additional Guidance for Vessels Engaged• E: Additional Guidance for Vessels Engaged

in Fishing, in the Gulf of Aden and off the Coast of SomaliaCoast of Somalia

• F: Organisations

AIMAIMAIMAIM

• The protection of seafarers ti l b l iti t doperating global maritime trade

passing through the waters off the t f S licoast of Somalia;

• Safe delivery of humanitarian aid to the Somali people from World Foodthe Somali people from World Food programme and other humanitarian agencies; andagencies; and

AIMAIMAIMAIM

• The active suppression of piracy and armed robbery in a manner yconsistent with international law

IMO Assembly ResolutionIMO Assembly ResolutionIMO Assembly Resolution IMO Assembly Resolution A.1002(25)A.1002(25)( )( )

Resolution A.1002(25) called Governments in the region to conclude in co-operation with IMO andregion to conclude, in co-operation with IMO, and implement, a regional agreement to prevent, deter and suppress piracy and armed robbery against pp p y y gships

INTERNATIONAL INTERNATIONAL COCO--OPERATIONOPERATIONCOCO OPERATIONOPERATION

Djibouti MeetingDjibouti Meetingj gj g(26(26--29 January 2009)29 January 2009)

Djibouti Code of ConductDjibouti Code of ConductDjibouti Code of ConductDjibouti Code of Conduct

Developed from:Developed from:• the IMO model draft regional agreement on co-

operation in preventing and suppressing piracy p p g pp g p yand armed robbery against ships (Annex 5 to MSC/Circ.622/Rev.1 of 16 June 1999)

• The ReCAAP agreement

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