1 The Maritime Safety Committee (the Committee),
at its eighty-ninth session (11 to 20 May 2011), having approved:
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(1) MSC.1/Circ.1405 on Interim guidance to shipowners,
ship operators, and shipmasters on the use of privately contracted
armed security personnel on board ships in the High Risk Areafootnote; and
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(2) MSC.1/Circ.1406 on Interim recommendations
for flag States regarding the use of privately contracted armed security
personnel on board ships in the High Risk Areafootnote,
agreed that there was an urgent need to develop further
recommendations to Governments and, in particular, for coastal and
port States, on aspects related to the embarkation, disembarkation
and carriage of privately contracted armed security personnel (PCASP)
and of firearms and security-related equipment for use by PCASPfootnote.
2 In this respect the Committee recognized that
the facilitation of the movement of PCASP and of the firearms and
security-related equipment for use by PCASP was affected by the national
legislation and policies of port and coastal States and in this connection
there was also a need to address the concerns of port and coastal
States with respect to the presence of PCASP and of firearms and security-related
equipment for use by PCASP on ships entering, transiting or leaving
their territorial sea(s).
3 Given the importance and urgent nature of the
issue, and the need to develop and promulgate detailed guidance and
recommendations as soon as possible, the Committee approved and the
Council authorized the convening of an intersessional meeting of the
Maritime Security and Piracy Working Group (13 to 15 September 2011)
to update and expand upon the guidance previously issued. The intersessional
Working Group revised the existing guidance and approved MSC.1/Circ.1408
on Interim recommendations for port and coastal States regarding the
use of privately contracted armed security personnel on board ships
in the High Risk Area.
4 The interim recommendations were subsequently
revised by the Maritime Safety Committee at its ninetieth session
(16 to 25 May 2012) to take into account minor consequential amendments
arising from the development of the interim guidance to private maritime
security companies set out in MSC.1/Circ.1443 on
Interim guidance to private maritime security companies providing
privately contracted armed security personnel on board ships in the
High Risk Area.
5 The revised interim recommendations should be
read in conjunction with the interim guidance and recommendations
set out in MSC/1/Circ.1443, MSC.1/Circs.1405/Rev.2 and 1406/Rev.2
footnote,
the information provided in MSC-FAL.1/Circ.2 on Questionnaire on information
on port and coastal State requirements related to PCASP on board ships,
as well as the other recommendations and guidance developed by the
Organization for preventing and suppressing piracy and armed robbery
against ships.
6 Member Governments are urged to bring this circular
to the attention of all national authorities concerned with anti-piracy
activities and/or border control issues, shipowners, ship operators,
shipping companies, shipmasters and crews.
7 Member Governments, international organizations
and non-governmental organizations with consultative status are invited
to bring to the attention of the Committee, at the earliest opportunity,
the results of the experience gained from the use of the revised interim
recommendations so as to assist the Committee in deciding on any action
to be taken.