IMO and Counter Piracy

IMO and Counter Piracy

5th Program of China-ASEAN Academy on Ocean Law and Governance, NISCS

Haikou, 11 – 20/11/2019

Capt. Hartmut G. Hesse

Former Special Representative of the IMO S-G

(Maritime Security & Counter-Piracy Programmes)

[email protected]

www.marisafsec.com

PIRACY

PIRACY

United Nations Convention on the Law of the Sea (UNCLOS)

Definition of piracy – UNCLOS article 101

Any illegal acts of violence or detention, orany act of depredation, committed for private ends by the crew or the passengers of a private ship and directed on the highseas, against another ship, or againstpersons or property on board such ship, oragainst a ship, persons or property in aplace outside the jurisdiction of any State

Any act of voluntary participation in the operation ofa ship with knowledge of facts making it a pirateship

Any act of inciting to or of intentionally facilitatingsuch acts

MARITIME ZONES

Armed robbery against ships

Definition: Code of Practice for Investigation ofPiracy and Armed Robbery Against Ships(A.922(22) amended by A.1025(26)) as follows:

“Armed robbery against ships” means any ofthe following acts:

any illegal 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 jurisdiction over such offences.

any act of inciting or of intentionally facilitating an act described above.”

IMO Guidance (1) (Revised MSC/Circ.622/1333)

Recommendations to Governments

for preventing and suppressing piracy and armed robbery against ships

suggests possible counter-measures that could be employed by Maritime Rescue Co-ordination Centres (MRCC) and security forces, also includes draft Regional agreement on co-operation in preventing and suppressing acts of piracy and armed robbery against ships.

IMO Guidance (2) (Revised MSC/Circ.623/1334)

Guidance to shipowners and ship operators, shipmasters and crews

on preventing and suppressing acts of piracy and

armed robbery against ships

comprehensive advice on measures that can be taken onboard to prevent attacks or, when they occur, to minimize the danger to the crew and ship

Measures to Prevent and Suppress Piracy and Armed Robbery Against Ships, 1993

(IMO Assembly Resolution A.738(18))

The resolution empowers the Maritime Safety Committee (MSC) to keep this issue under continuous review, and it has accordingly been included in

the Long-Term Work Plan.

As a result, the IMO Secretariat circulates monthly, quarterly and annual reports on piracy and armed robbery against ships, and on stowaway cases and illegal migrants, and has explored ways to maintain pressure against all forms of unlawful acts at sea.

Piracy: Root Causes

Geographical

Indonesia – 17500 Islands - patrols

Somalia - Failed State – enforcement

Somalia – draughts – cattle loss

West Africa – Collusion

Political

Economic

Poverty - no work/water/food

Somalia - IUU Fishing

- illegal waste dumping

Piracy: Other Causes

International shipping lanes

Traffic volume

Huge sea areas

Communication

Protection

Vulnerability – low speed

- low free board

Piracy: Modes of Operation

Theft – in port or at anchor

Cargo

Ship stores - paint

Mooring ropes, etc

Armed boarding under way

Hijacking

Near coastal

High seas – mother-ship operations

Siphoning off cargo / oil

Holding ships / crew hostage for ransom

Torture / Murder - Execution

Best management practices (BMP - MSC.1/Circ 1339)

- continue to evolve with experience gained

Guidelines on investigation of piracy and

armed robbery against ships (MSC.1/Circ.1404)

Interim Guidance on the use of PCASP on

board in the HRA - ships/owner, flag States,

port/coastal States (MSC.1/Circs.1405/1406/1408)

Guidance for PMSC providing PCASP on board

in the HRA (MSC.1/Circ.1443)

Somalia Piracy: IMO Guidance (3)

ISO PAS 28007

Guidelines for Private Maritime Security Companies providing Privately Contracted Armed Security Personnel on board ships (and pro forma contract)

Embarkation

Disembarkation

Vessel calling

Use of arms / armed personnel

• IMO’s position on the use of armed personnel has not changed. The carriage of armed personnel remains a matter of decision for the ship owner, after a thorough risk assessment, to request and the flag State to decide.

• There are also implications for port and coastal States.

IMO Guidance (4) (MSC/Circ.623/1334)

The carrying and use of firearms for personal protection or protection of a ship is strongly discouraged.

Carriage of arms on board ship may encourage attackers to carry firearms thereby escalating an already dangerous situation, and any firearms on board may themselves become an attractive target for an attacker. The use of firearms requires special training and aptitudes and the risk of accidents with firearms carried on board ship is great. In some jurisdictions, killing a national may have unforeseen consequences even for a person who believes he has acted in self defence.

Best Management Practices

MSC.1/Circ.1339 on Piracy and armed robbery against ships in waters off the coast of Somalia - Best Management Practices for Protection against Somalia Based Piracy (BMP4)

BMP 4 – Section 8

Ship Protection Measures

8.15 The use, or not, of armed Private Maritime Security Contractors onboard merchant vessels is a matter for individual ship operators to decide following their own voyage risk assessment and approval of respective Flag States. This advice does not constitute a recommendation or an endorsement of the general use of armed Private Maritime Security Contractors.

BMP 4 – Section 8

Ship Protection Measures

If armed Private Maritime Security Contractors are to be used they must be as an additional layer of protection and not as an alternative to BMP

If armed Private Maritime Security Contractors are present on board a merchant vessel, this fact should be included in reports to UKMTO and MSCHOA.

MSC/Circ.1073

Directives for Maritime Rescue Co-ordination Centres (MRCCs) on Acts of Violence against Ships

http://www.imo.org/includes/blastDataOnly.asp/data_id=7430/1073.pdf

Resolution A.923(22)

Measures to Prevent the Registration of ‘Phantom’ Ships.

(“Phantom" ships mean ships that have been registered on the basis of false or inaccurate information)

MSC-FAL.1/Circ.2

Questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships

To raise awareness of relevant national legislation, policies and procedures relating to the carriage, embarkation and disembarkation of firearms and security-related equipment through their territory and the movement of PCASP

Regional Option – Cooperative

Mechanism

Combine current infrastructure, MDA

and sea-going resources in a co-

operative regional mechanism to

address the threat through mutual

patrolling and prevention of attacks

(STRENGTH IN UNITY)

Regional Agreements

Djibouti Code of Conduct (DCoC)

West and Central African Code of

Conduct (WCACoC) & Strategy

Cooperative Mechanism for the

Malacca and Singapore Straits (CM)

Regional Cooperation Agreement on

Combating Piracy and Armed Robbery

against Ships in Asia (ReCAAP)

Protection of Shipping Lanes (PSL)

(e.g. South Western Indian Ocean High

Risk Area

34

Djibouti Code of Conduct (DCoC) (1)

January 2009

21 States in the region

DCoC - co-operation:

a) Investigation, arrest and prosecution

b) Interdiction and seizure

c) Rescue of ships, persons and property

d) Conduct of shared operation

35


Four Pillars Implementation of national legislation Establishment of law enforcement /

coast guard capability Development of capacity through

training and other technical assistance Improvement of maritime situational/

domain awareness (MDA)

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Information sharing centres:

MRCC in Mombasa, Kenya

RCC in Dar es Salaam, Tanzania

Regional Security Information Centre in Sana’a, Yemen

Regional Training Centre in Djibouti

Establishment of DCoC Trust Fund

37

IMO’s Containment Strategy (1)

Protection of passengers, seafarers and fishermen

Ensure delivery of humanitarian aid to Somalia

Preservation of the integrity of the shipping lanes

38

IMO’s Containment Strategy (2)

Containment by:

Navy cooperation in the Gulf of Aden

IRTC

Reporting to MSCHOA

SHADE deconflicting mechanism (Bahrain)

Delimitation of High Risk Area (HRA)

Regional Agreements / Capacity building in the medium term

Until viable solution ashore in Somalia can be found

Cooperation with UN entities in capacity building in Somalia

Somali Piracy: Developments

Increased attacks since 2005

IMO Resolutions A.979(24), A.1002(25), A.1026(26) A.1044(27), etc.

UN SC Resolutions 1918/1950/1976/2015/2020, etc.

Contact Group on Piracy off the Coast of Somalia (CGPCS)

Gulf of Aden IRTC (SN.1/Circ.281)

Djibouti Code of Conduct (DCoC)

International Navies/ EUNAVFOR/NATO/ MSCHOA / SHADE (Shared Awareness and Deconfliction)

Djibouti Code of Conduct – 21

States, PIU at IMO HQ

Naval forces patrol

LRIT data provision

Improved

Guidelines and BMP

implementation

Imprisonment of

>1000 pirates and

several 100s lost

Carriage of PCASP

Reasons for success/decline

Naval success GoA

Geographical

expansion of pirate

operations

Up to 1750 nm off

Somali coast

2.8 Mio sq miles

mother ship

operations

Consequences

43CTF 150, Gulf of Aden, 2008

“All that is necessary for the triumph of evil is that good men do nothing”

Edmund Burke

ReCAAP& Information Sharing Centre (ISC)

• 20 Contracting Parties (with Focal Points – Navies, Coast

Guard Agencies, Marine Police, Port Authorities, etc)

• 8 Partner Organisations (IMO, ASA,

IFC, BIMCO, INTERTANKO,

INTERPOL, OCIMF & WMU

• Europe: Denmark, Norway, Netherlands

United Kingdom - Australia - United

States

• Working relationship with the IMO in

assisting Djibouti Code of Conduct States

in their effort to operationalise the DCoC

• Work with like-minded organisations in

the maritime industry towards the

safety/well-being of seafarers

Launched on 29 Nov 2006 , ReCAAP ISC is the first Inter-Government

Organisation (IGO) to suppress piracy and armed robbery in Asia

MISSIONTo enhance regional

cooperation through

information sharing, capacity

building and cooperative

arrangements in combating

piracy and armed robbery

against ships

ReCAAP ISC Network

Navies :

Myanmar

Sri Lanka

Thailand

Denmark

UK

Marine Dept / MRCC :

Bangladesh

Cambodia

China / Hong Kong

Korea

Singapore

Norway

Though some Maritime nations are outside

the geographical mandate of the

Agreement, however their ships operate in

Asian waters thus they have first hand

information of the sea situation there and

the assistance from all Contracting Parties

in the ReCAAP network.

Marine Police :

Brunei

Laos

VietnamNetherlands

Coast Guards :

India

Japan

Philippines

ReCAAP Statistics 2007-2019January - September

ReCAAP Statistics January – September 2019

IMO Statistics 1984-2018

IMO Regional Statistics 2018

IMB Monthly Statistics January – September 2019

Many cases-unreported Cultural background : Facing saving !!!

– Reflects badly on the Master/Crew/Company

– Failed in their responsibility to protect lives / property

– Self interest – not to look bad

Economic consideration:

– Customer may loose confidence in the Company

– Increase in insurance claims

– Loss not significant

Safety / intimidation consideration

– The robbers/pirates may target them again

– May jeopardize future transaction in the area

Time / Effort considerations

– Maybe delayed from leaving port for investigation

– More administrative hassel

Why report ?

Starts the enforcement / prosecution process

– Draws the attention of law enforcement to the crime

– Consolidation / analysis of the extend of the crime

– Channel resources to where it is required (Resources are

limited)

– Provides justification for enforcement agencies to build-up /

tailor their responses

Alert/Warn fellow seafarers who are going to the area

– Greater awareness / risk assessment / enhance vigilance

– Implement protective measures / take more precautions

– Avoidance of the area (if necessary)

NOT REPORTING encourages/invites more incidents

Key message to the industry

Resources are limited

No single State / agency can combat /

suppress Piracy & Armed Robbery against

ships ALONE !!!

Need to :

– Communicate (report/feedback)

– Cooperate (Share Information)

– Collaborate (Build Capacity)

YOU CAN MAKE

THE DIFFERENCE !!!

Code of Conduct concerning the repression

of piracy, armed robbery against ships, and

illicit maritime activity in West and Central

Africa (WCACoC)

Adopted: Cotonou, Benin, 19 March 2013Open for signature: Head of State meeting Yaoundé,

Cameroon, 17 May 2013

Review of national legislation

Capability for maritime law enforcement

Capacity building cooperation

Coordinated, smooth, and effective

communications through information

exchange centres

Key Objectives

State responsibilities at sea

Maritime and offshore security

Suppressing piracy and armed robbery

Fishery protection

Counter illegal trafficking

Protecting the environment

Safety of navigation

Search and rescue

‘Djibouti Code plus’

Addresses: transnational organized crime in the

maritime domain, maritime terrorism, IUU fishing

and other illegal activities at sea

Article 3 - Measures at the National Level

Article 7 - Measures to repress IUU fishing

Article 9 - Embarked Officers

Article 14 – Training and education

African Union is the repository

2013 – new trust fund to support IMO projects to help

implement WCACoC

Other IMO Instruments relating to Maritime Security

and Unlawful Acts against ships

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988 (SUA)

SUA Protocol for Fixed Platforms Located on the Continental Shelf, 1988

SOLAS Convention Chapter XI-2 on Special Measures to enhance Maritime Security

International Ship and Port Facility Security (ISPS) Code

23

Current agendas and emerging initiatives on maritime

security

Frank Wall

Revision of SUA Convention

64

Special Measures to

Enhance Maritime Security

SOLAS Chapter XI-2 & ISPS Code

Entered into force on 1 July 2004

On 1 July 2004 applied to 147 States

On 1 April 2013 applies to 162 States

65

Chapter XI-2

Applies to:-

>Passenger Ships

>Cargo Ships => 500GT

>Mobile offshore Drilling Units

>Port facilities serving ships engaged in international voyages

Chapter XI-1

Vessels required to have:-

Ship Identification Number

Continuous Synopsis Record

66

Chapter XI-2

Vessels required to have:-

Ship Security Alert System (SSAS)

67

68

Chapter V

Vessels Require to have:-

Automated Identification

Systems (AIS)

Long-Range

Identification and

Tracking (LRIT)

Systems

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LRIT - Long-Range Identification

and Tracking of ships

SOLAS regulation V/19-1 on LRIT - 01/01/08

Performance standards and functional requirements

(Equipment; Service providers; Data Centres – national, regional, co-operative, international; International Data Exchange; Data distribution plan; System security; System performance; Co-ordinator)

Inter-governmental oversight - IMSO

Data access by flag-, port- and coastal States and

SAR services

70

LRIT information

may be provided

when a ship

navigates within a

distance not

exceeding 1,000

nautical miles off

the coast

a distance set by

the coastal State

limit of territorial sea

Contracting Government

requesting LRIT information

Port A

Examples of access to LRIT information

71

6

5

4

3

2

1LRIT

Data Centre

International

LRIT Data Exchange

National

LRIT Data Centre

Regional

LRIT Data Centre

Co-operative

LRIT Data Centre

LRIT Data Centres share and

exchange LRIT information

through the International

LRIT Data Exchange

LRIT system architecture

International

LRIT Data Centre

13

Threats to ships (Regulation XI-2/7)

Contracting Governments:

Set security levels

Provide security level information

to ships in their territorial sea

or intending to enter their territorial sea

Provide contact point for ships

requesting advice or assistance report security concerns

(ships, movements or communications)

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Threats to ships (Regulation XI-2/7)

When identifying risk of attack – Contracting

Governments:

advise ships and their Administrations of:

• current security level

• security measures to be implemented

by ships for self protection

• security measures implemented by

coastal State

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International

Ship and

Port Facility

Security

Code

75

ISPS Code

Company, Ship and Port Facility

Security Officer

Ship & Port Facility Security

Assessment

Ship & Port Facility Security Plan

Training, Drills & Exercises

Verification & Certification

Control and Compliance measures

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Ship & Port Security

Threat Assessment and Threat Level

Access Control and Restricted Areas

Security Duties and Roving Patrols

Security Awareness and Vigilance

Security Equipment & Systems

Suppression of Unlawful Acts

Against Ships

SUA Convention and Protocol

Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988

Protocol for the Suppression of Unlawful Acts Against the Safety of Fixed Platforms Located on the Continental Shelf, 1988 The Protocol extends the requirements of the

Convention to fixed platforms such as those engaged in the exploitation of offshore oil and gas.

Adoption: 10 March 1988Entry into force: 1 March 1992

SUA Convention

The main purpose of the convention is to ensure that appropriate action is taken against persons committing unlawful acts against ships.

The convention obliges Contracting Governments either to extradite or prosecute alleged offenders.

Seizing/control of ships

Acts of violence against person on board

Destruction or damage to ship or cargo

Placement of devices or substances to destroy or damage ship

Damage/destruction of maritime navigational facilities

False information

SUA Convention

23


security

Frank Wall


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- New Protocols adopted October 2005

- Inclusion of new offences - carriage of WMD

(i.e nuclear & fissile - dual use materials)

- Linkage with non-proliferation treaties

- Inclusion of provisions for boarding of

suspect ships on the high seas

- Parties - 12(3) ratifications needed

- Status - 48 + 42 ratifications – in force 28/7/10

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security

Frank Wall

and Associates

Revision of SUA Convention:Article 8 bis Boarding provisions

74

75

Essential Elements of Article 8bis

Requirement to cooperate to the fullest extent possible

Process & options for making, receiving, and responding to boarding requests

Allocation & preservation of enforcement jurisdiction

Conduct of boarding & disposition operations

Recourse for damage, harm, or loss

Questions?

CRIME!!!

IMB Regional Statistics January – September 2019

IMB Monthly Statistics 2018

IMB Regional Statistics 2018

IMO and Counter Piracy

Documents

Transcript of IMO and Counter Piracy