UK Dept for Transport Guidance on Measures to Counter Piracy
Source: DFT.gov.uk
The UK Department for Transport has today published guidance on the measures to counter piracy, armed robbery and other acts of violence against merchan shipping. In light of the recent and significant increase in attacks on shipping passing through the Gulf of aden and Indian Ocean, the evidence that armed security on ships has had a marked impact on the lack of success in pirates hijacking vessels, the UK policy has changed to allow armed guards on UK-flagged shipping in exceptional circumstances.
The guidance includes advice that shipping companies should detail risk assessment and also advice on the selection of Private Security Companies (PSC). Where shipping companies and owners are considering the use of armed guards, they will be required to submit their counter-piracy plan, in advance, to the Department of Transport.
The full document on the guidance is available here (PDF). An extract follows:
This guidance aims to assist all UK registered ship owners, companies, ship operators, masters and crews in understanding the risk of piracy, armed robbery and other acts of violence against ships, and reminds them of the importance of taking action to deter such acts and advises on how to deal with them should they occur.
- Plan the voyage. Carry out a risk assessment and make an assessment of the measures required when transiting high risk areas;
- Many attempted piracy and armed robbery “attacks” are unsuccessful, countered by ships’ crew who have planned and trained in advance;
- Be vigilant;
- Maintain high speed where possible in high risk areas;
- Good communications with relevant authorities is vital. Report to the relevant authorities before, during or after an attack.
IMPORTANT – SOMALIA
Shipping transiting the Gulf of Aden or the seas off the coast of Somalia should adhere to the advice and guidance contained in the latest version of the Industry Best Management Practices and on the EU NAVFOR Maritime Security Centre Horn of Africa web site (www.mschoa.org).
The government recognises that the engagement of armed guards is an option to protect human life onboard UK registered ships from the threat of piracy, but only in exceptional circumstances and where it is lawful to do so.
Shipping companies that decide to use armed guards in the exceptional circumstances must refer and adhere to the Government’s Interim Guidance to UK-flagged shipping on the use of armed guards to defend against the threat of piracy in exceptional circumstances. This is available online at DFT.gov.uk
IMPORTANT – FOR ALL AREAS
This guidance should be read in conjunction with International Maritime Organisation (IMO) MSC.1/Circ. 1334 – Piracy and Armed Robbery Against Ships - Guidance to ship owners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships.
Key Definitions
Definition of Piracy
Piracy consists of any of the following acts:
(a) any 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 or a private aircraft, and directed:
- (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
- (ii) against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
(b) any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;
(c) any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).
(The 1982 United Nations Convention on the Law of the Sea (UNCLOS): article 101)
Definition of Armed Robbery
“Armed robbery against ships” means any unlawful act of violence or detention or any act of depredation, or threat thereof, other than an act of piracy, committed for private ends and directed against a ship or against persons or property on board such a ship, within a State’s internal waters, archipelagic waters and territorial sea.
(IMO MSC.1/Circ.1333 - PIRACY AND ARMED ROBBERY AGAINST SHIPS - Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships).
This guidance brings to the attention of ship owners and ship operators, Masters and crews, the risk of acts of piracy on the high seas or armed robbery against ships within the territorial sea of a coastal State.
It outlines steps that should be taken to reduce the risk of such attacks, possible responses to them and the need to report attacks, both successful and unsuccessful, to the authorities of the relevant Coastal State(s), to the International Maritime Bureau (IMB) reporting centre and to the ship's own maritime administration.
This guidance also recognises the current problem of piracy off the coast of Somalia. It draws the attention of seafarers to the particular best practices in place on how to communicate with the various sources of assistance in this area and how to carry out passive counter measures on board the ship to deal with this particular threat.
It also recognises the difference in nature between piracy and armed robbery and is therefore structured to reflect the particular characteristics common to both as well as characteristics which are specific to each.
Full document here.
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