2 Counter-piracy policy
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2 Counter-piracy policy

  2.1 Flag States should develop, implement, publicize and apply a national counter-piracy policy consistent with the customary international law of the sea and national law. Such a policy could include the introduction of systems and mechanisms that will facilitate the protection of ships and permit them to take proportionate and reasonable measures to avoid being hijacked by pirates and mitigate the risk to seafarers serving on such ships. The policy should take into account the changing nature of piracy in the High Risk Areafootnote and have in place processes and procedures to ensure it can be adapted to changing threats. Flag State Administrations will be aware of the substantial existing guidance and will incorporate it as appropriate into their own counter-piracy policy. The policy could include, but not be limited to, existing guidancefootnote established in:

  • .1 MSC.1/Circ.1333, Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships;

  • .2 MSC.1/Circ.1334, Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships;

  • .3 MSC.1/Circ.1390, Guidance for company security officers (CSOs) – Preparation of a Company and crew for the contingency of hijack by pirates in the Western Indian Ocean and the Gulf of Aden;

  • .4 MSC.1/Circ.1405/Rev.2, Revised interim guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel on board ships in the High Risk Area;

  • .5 MSC.1/Circ.1406/Rev.2, Revised interim recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area;

  • .6 MSC.1/Circ.1408/Rev.1, Revised interim recommendations for port and coastal States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area;

  • .7 MSC.1/Circ.1443, Interim guidance to private maritime security companies providing privately contracted armed security personnel on board ships in the High Risk Area;

  • .8 MSC-FAL.1/Circ.2 on Questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships;

  • .9 Best Management Practices for Protection against Somalia-based piracy (BMP4), promulgated as MSC.1/Circ.1339;

  • .10 Resolution A.1044(27) on Piracy and armed robbery against ships in waters off the coast of Somalia;

  • .11 Resolution A.1025(26) on Code of Practice for the investigation of crimes of piracy and armed robbery against ships;

  • .12 SN.1/Circ.281 on Piracy and armed robbery against ships in waters off the coast of Somalia – Information on Internationally Recommended Transit Corridor (IRTC) for ships transiting the Gulf of Aden;

  • .13 Resolution MSC.324(89) on Implementation of Best Management Practice Guidance;

  • .14 Resolution MSC.298(87) on Establishment of a Distribution Facility for the provision of LRIT information to security forces operating in waters of the Gulf of Aden and the Western Indian Ocean to aid their work in the repression of piracy and armed robbery against ships (the Distribution Facility); and

  • .15 Resolution MSC.305(87) on Guidelines on Operational Procedures for the promulgation of Maritime Safety Information concerning acts of Piracy and Piracy counter-measure operations.

  2.2 Flag State Administrations may also wish to take into account the Good Practice Guide for Shipping Companies and Manning Agents for the Humanitarian Support of Seafarers and their Families (http://www.mphrp.org/MPHRP-Good-Practice-Guide.pdf).

  2.3 Further guidance related to Somalia-based piracy and general guidance from the Organization related to piracy and armed robbery can be found on the IMO website at: http://www.imo.org/Documents/IMO_Piracy_Guidance_2.pdf.

Parent topic: Annex – Interim Guidance for Flag States on Measures to Prevent and Mitigate Somalia-Based Piracy
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