1 These interim recommendations have been developed
to address the growing use of privately contracted armed security
personnel (PCASP) in the High Risk Area to counter Somali-based piracy,
and specifically to provide further recommendations on aspects related
to the embarkation, disembarkation and carriage of PCASP and of firearms
and security-related equipment for use by PCASP. These recommendations
do not address all the legal issues that might be associated with
the movement of PCASP or of the firearms or equipment intended for
use by them.
2 The recommendations contained in this document
are not intended in any manner to override or otherwise interfere
with the implementation and enforcement of the national legislation
of a State or to interfere with that State's rights under international
law. However, at the same time, they recognize the concerns and interests
of the owners and operators of ships navigating in or through the
High Risk Area to provide means for enhancing the security of their
ships so as to protect the seafarers working on board, the passengers
and cargo being carried and their assets from being hijacked.
3 In the present recommendations, all references
to firearms include the associated ammunition, consumables, spare
parts and maintenance equipment for use by PCASP, and all references
to security-related equipment include protective and communication
equipment for use by PCASP.
4 In view of the growing use of PCASP in the High
Risk Area and the need to enhance the protection of ships navigating
there, flag States, the shipping industry and the private maritime
security companies (PMSC) who provide PCASP need to know whether and
under what conditions the embarkation and disembarkation of PCASP
and/or of firearms and security-related equipment for use by PCASP
is allowed. In addition, the shipping industry, masters of ships and
the PCASP service providers need to know what requirements have to
be complied with when, during its voyage, a ship carrying PCASP is
arriving in, staying at and departing from ports, offshore terminals,
anchorage or roadstead located areas within the territory or under
the jurisdiction of a port or a coastal State.
5 As a result Member Governments, and, in particular,
those of the coastal States bordering the Indian Ocean, Arabian Sea,
Gulf of Aden and Red Sea, should have in place relevant policies and
related procedures. Such policies and procedures, whilst addressing
the concerns of the State which has promulgated them, should facilitate
the movement of PCASP and of their firearms and security-related equipment
and be made known to the shipping industry and to the PCASP service
providers. In addition, they should be communicated to the Organization
for the information of all Member Governments, in order to enable
flag States to act accordingly.
6 The use of PCASP for enhancing the security
of ships navigating in or through the High Risk Area is a very recent
and still evolving development. Hence, it is recognized that existing
national legislation, policies and procedures may not have been developed
taking into account or to cater for the various scenarios related
to the embarkation or disembarkation of PCASP or of their firearms
or security-related equipment or for the arrival, stay or departure
of ships carrying PCASP or their firearms or security-related equipment,
during their voyage. Thus, when developing their policies and procedures
on the issue, Governments, aside from ensuring internal coordination
and coherence amongst the approaches of the different ministries,
departments, authorities or agencies within whose competency the various
matters may fall, should not establish policies and procedures which
hinder or may hinder the continuation of maritime trade or interfere
with the navigation of ships and should ensure that all are consistent
with international law.
7 In developing such policies and related procedures,
Governments are encouraged to take into account the following considerations: