1.1 The increased threat to commercial shipping
by Somalia-based pirates has led to extended use of armed guards and
a marked expansion in the number of firms offering armed maritime
security services for ships transiting the High Risk Area (HRA). The
Organization, whilst not endorsing the use of privately contracted
armed security personnel (PCASP), understands that shipping companies
may find it difficult to identify reliable, professional private providers
of armed security.
1.2 The decision on the employment of PCASP on
board ships is a complex one for a shipowner. The absence of applicable
regulation and industry self-regulation coupled with complex legal
requirements governing the legitimate transport, carriage and use
of firearmsfootnote gives cause for concern.
This situation is further complicated by the rapid growth in the number
of private maritime security companies (PMSC) and doubts about the
capabilities and maturity of some of these companies. Significant
competence and quality variations are present across the spectrum
of contractors offering services.
1.3 The purpose of this guidance is to assist
shipowners, ship operators and shipmasters considering the use of
PCASP on board ships to provide additional protection against piracy.
1.4 It is important to note that flag State jurisdiction
and thus any laws and regulations imposed by the flag State concerning
the use of PMSC and PCASP apply to their ships. Furthermore it is
also important to note that port and coastal States' laws may also
apply to such ships.
1.5 The use of PCASP should not be considered
as an alternative to Best Management Practices (BMP) and other protective
measures. Placing armed guards on board as a means to secure and protect
the ship and its crew should only be considered after a risk assessment
has been carried out. It is also important to involve the Master in
the decision making process.