MARITIME SECURITY AND DEFENCE

Maritime Security

The Chamber played a key role at a national and international level in formulating the new security regimes for maritime transport following the terrorist attacks in the United States in 2001. In fact UK maritime security was before that date effectively provided by the UK’s Merchant Shipping & Maritime Security Act of 1997, numerous regulations have been implemented at European and national level to provide for the safe and secure transport of passengers and cargoes by sea.

Different approaches are of course required to provide security of the public travelling on ferry and cruise ships and to raw materials, bulk liquids, other commodities and manufactured goods, which are carried in very different types of ships on a vast number of different routes much is carried today as containerised cargo.

For international shipping the IMO’s International Ship and Port Facility Security (ISPS) Code introduced as an amendment to SOLAS entered force on 1st July 2004. The Code is now fully established and provides protective measures and reassurance in the face of continuing threats to maritime trading interests, to seafarers and the travelling public.

At a national level the Transport Security Directorate (TRANSEC) of the Department for Transport is responsible for regulating the security of public transport services including ships and ferries. All international and domestic ferry and shipping services fall within this security regime which provides - much in the same way as seen in the aviation sector - physical security measures and security procedures to ensure the safe and secure transport of passengers and trade.

In the UK, implementation of the IMO requirements, the EU regulations and other security requirements for domestic shipping, form part of the National Maritime Security Programme (NMSP). This programme brings together the UK's existing maritime security regime and the various international and European initiatives to provide a comprehensive protective security regime for UK ships and ports. The Chamber fully supports these arrangements and continues to work with government and industry to ensure a safe and secure environment for passengers and cargoes.

Responsibility for the maintenance of regime lies with The National Maritime Security Committee (NMSC) which meets regularly to act as a forum for consultation between the government, the Chamber of Shipping and through it the wider maritime industry and staff representatives consider the Government's existing and proposed maritime security policies. Ad-hoc Working Groups are formed as required responding to particular security problems and threats. Currently Working Groups are considering the Somali piracy and ship hijacking problem which threatens commercial ships trading through the Gulf of Aden and Indian Ocean. Personnel security is also receiving attention.

Current information on the risks of terrorism for British Nationals overseas, including those travelling on cruise itineraries, can be found on the FCO website at:

www.fco.gov.uk

Piracy

The Somali pirate crisis in the Gulf of Aden and wider Indian Ocean since 2008 has brought the world’s attention back to the scourge of piracy and a major European Union and international coalition military force is currently engaged in counter-piracy operations off East Africa. Attacks and violent incidents continue to occur in other parts of the world and Nigeria and the Gulf of Guinea pose particular problems for shipping.

Piracy and armed robbery at sea has been a long term threat to ships operating around the world, and shipowners are well aware that robust and well rehearsed ‘self protection measures’ (together with intelligence) is the best method of avoiding a pirate attack. Both the overt and covert anti-piracy measures adopted by UK ships have regularly proven effective at deterring even determined and armed attacks at sea and reducing crime in port. Owners see their principal obligations as to:

1. Adopt policies and procedures, to train crews and on occasions to employ equipment to protect the ships and persons on board from the possibility of attacks and to repel, using reasonable means, any attacks that might occur.
2. Minimise the risks to personnel and to the ship if an attack takes place.
3. Report attacks to regional and international centres, coastal state authorities and to the flag state.
4. Co-operate in criminal investigations.

The UK shipping industry does not encourage the use of firearms as a means of responding to pirate attacks believing that the widespread carriage and use of firearms onboard UK ships would increase the risks to seafarers, complex legal and liability issues are also raised by the carriage and use of firearms onboard ships.

Current counter-piracy practice is for shipping companies to carry out both formal and less formal risk assessments which quickly highlight specific geographical locations where their ships are at greatest risk. Ultimately, ship masters and individual crew members carry the responsibility for carrying out effective anti-piracy procedures proportional to the risk identified. The threat to the safety of seafarers caused by piracy is of real concern to the shipping community.

Piracy statistics show that certain ship types globally are more prone to attack than others. Small slow vessels with low freeboard such as tugs and tows, offshore support and fishing vessels appear frequently in the statistics. Conversely, fast moving large ships with high freeboard such as container ships and tankers are better able to evade an attack. Incidents occur more frequently in poorly policed port areas. All ships deter attacks by appearing alert, well managed and prepared.

The Chamber continues to argue the view that further joint initiatives to control the piracy risk in certain parts of the world are needed although recognising that the principal responsibility and ability for tackling this problem lies in helping the states within whose territory these criminals operate and are based.

More information on international piracy statistics are available from The International Maritime Organisation (IMO) and the International Maritime Bureau (IMB).

Advice for commercial shipping and regarding the military operations in the Gulf of Aden and Indian Ocean can be accessed at;

www.mschoa.org/Pages/default.aspx

Legal Aspects of Piracy

Piracy in municipal law may differ from the international law definition and for example ‘piracy’ has never been defined in English law. This has lead to persistent confusion in the media and in the Courts and in arriving at any common understanding of what a lay person may understand to be the ‘piracy problem’. Thus legislators have over time created an arguably flawed framework – from a practical point of view – in which the nature of the offence does not determine whether a particular type of crime has taken place but the nature of the crime is determined by the locus or place of the event.

Article 101 - UNCLOS

Piracy consists of any of the following acts:

1. 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-
   1. on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;
   2. against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;
2. 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;
3. any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).

IMO adopted a code of practice for the investigation of crimes of piracy and armed robbery against ships with regard to Article 101 of the UN Convention on the Law of the Sea (UNCLOS) at the 74th meeting of its Maritime Safety Committee. This code of practice creates a distinction between piracy and armed robbery against ships with the definition:

‘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 directed against a ship or against persons or property on board such ship within the State’s jurisdiction over such offences.’

While the rationale in identifying jurisdiction is clear nevertheless this explains why very few piracy cases have resulted in prosecution and why ‘legal’ misunderstanding and confusion regarding ‘piracy’ persist.

Additionally the International Maritime Bureau (IMB) defines Piracy and Armed Robbery as:

‘An act of boarding or attempting to board any ship with the apparent intent to commit theft or any other crime and with the apparent intent or capability to use force in furtherance of that act.’

This functional and widely used definition covers actual or attempted attacks whether the ship is berthed, at anchor or at sea but excludes petty theft unless the thieves are armed.

DEFENCE & ROYAL NAVY LIAISON

Defence Committee

Membership of the Chamber’s Defence Committee is restricted for security reasons nevertheless the Chamber maintains a broad dialogue between the shipping industry and the Ministry of Defence and other international defence groups and coalitions.

The joint Ministry of Defence/shipping industry Shipping Defence Advisory Committee allows regular meetings between military and commercial interests to take place.

Maritime Trade Operations (MTO)

The Royal Navy’s UK Maritime Trade Operations (UKMTO) unit is based in Dubai. MTO responds to the needs of all UK interest vessels and during 2009 an average of about 1000 position reports per week were received. In addition the UKMTO unit continues to provide security briefings and advice to visiting ships and company personnel.

The MTO service provides an absolutely essential service, through the Merchant Vessel Voluntary reporting Scheme, of reassurance to ships in the region east of Suez where innocent commercial shipping faces a variety of maritime security threats.

Merchant Vessel Voluntary Reporting Scheme

The UK Royal Navy’s Maritime Trade Organisation (UKMTO) has been established in Dubai since October 2001 as an extension of Royal Navy operations in the region. Although the MTO team focus is in support of UK flag and UK interest shipping in the area, it works closely with coalition forces and is available to provide support across the entire maritime industry including shipping of all flag registry and ownership.

The voluntary reporting scheme covers the Red Sea, Indian Ocean as well as the Arabian Gulf. On a voluntary basis only, ships of any flag or ownership are invited to report to the Maritime Trade Operations team in Dubai.

Merchant Shipping is reminded of the advice given by UKMTO, MSC HOA and NATO. Their joint advice states:

“Vessels are strongly advised to report to UKMTO on entering the UKMTO Voluntary Reporting Area (VRA) bound by Suez, 78E and 10S. Thereafter vessels should report their position, course and speed daily. Throughout the UKMTO VRA vessels should implement Self Protective (defensive) measures in accordance with Best Management Practices Version 3. Upon receiving the vessels initial report, UKMTO shall reply giving specific threat guidance relevant at the time. Vessels should note that experience has shown that to transit W of 60E or within 600nm of the Somali Coast significantly increases the risk of piracy, although attacks have and will occur E of this area.”

See link: www.rncom.mod.uk/templates/MaritimeOperations.cfm?id=902

NATO Operation Endeavour

As a result of the terrorist attacks in the US, NATO launched Operation Active Endeavour as part of the Global War on Terrorism. A voluntary reporting system for merchant shipping in the Mediterranean has been in place since 2001.

See link: www.shipping.nato.int/ActiveEnde

Royal Naval Secondee to the Chamber of Shipping

The Royal Navy provides a Lieutenant on permanent secondment to the Chamber to act as a point of contact for the industry on all defence related issues as well to control the MN/RN engagement programme for the Shipping Defence Advisory Committee.

Contact Details: oliver.craven@british-shipping.org

Merchant Navy Liaison Officers

Merchant Navy Liaison Officers (MNLOs) are seconded from UK companies on an entirely voluntary basis to work alongside their military colleagues in the EU Naval Force and UKMTO. Any officer who wishes to participate in this scheme should contact their company and the Chamber.

Contact Details: oliver.craven@british-shipping.org

Merchant Navy Liaison Voyage Scheme

The Merchant Navy Liaison Voyage Scheme (MNLV) exists to foster good relations and share professional knowledge between the Merchant Navy and Royal Navy, it provides Merchant Navy Officers with experience of Royal Navy operations (and vice versa) and improves awareness in the Merchant Navy of military matters. A shore-based Merchant Navy Senior Officers Course is also provided by the Royal Navy three times a year to provide a comprehensive briefing to serving Merchant Navy officers.

See link: www.rncom.mod.uk