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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