Private armed security guards on ships Terje Hernes Pettersen, Ministry of Trade and Industry sept 2011 1 Problems concerned with guards It is a concern to arm private persons with heavy guns!!! Other challenges are, inter alia: Quality / vetting Use of force Licences, approval etc. Embarkation/disembarkation Human rights issues 2 1
The work internationally Contact group WG 3 IMO Today: No binding rules on armed guards. But customary international law provides that the use of force is restricted to cases of necessity or self-defence Industry: Adopted Best Management Practice (BMP). Revised BMP (4) Sept 2011 3 Policy of the IMO Up to the Flag state to allow guards The IMO do not encourage the use of armed guards Armed guards is a supplement to the BMP, not a substitute Not arm the crew 4 2
The work internationally May 2011: IMO adopts guidelines to Shipowners, Flag states September 2011: The guidelines revised (MSC.1 Circ/ 1405.Revised/MSC.1 Circ/1406.Revised + adopted guidelines on port states (MSC.1 Circ/1408) 5 Norwegian legislation The Act of 16 February 2007 No. 9 relating to ship safety and security (the Ship Safety and Security Act) applies Require shipowners to have measures against piracy Authorizes the Master to use force 6 3
Ship safety security act sec 40 When necessary in order to prevent or protect against actions as mentioned in section 39, first paragraph, the ship may implement measures and use force. [ ] The right to implement measures and to use force shall lie with the master. All persons on board shall be obliged to give assistance and to respect the measures that are taken. 7 Norwegian legislation The Act of 9 June 1961 No. 1 relating to firearms and ammunition, etc. regulates all trade and acquisition of civilian firearms The Act of 5 January 2001 No. 1 relating to security guard services (the Security Guard Services Act), regulates the use of commercial security guard services and private security guard schemes. 8 4
Norwegian legislation Regulations of 22 June 2004 No. 972 concerning security, anti-terrorism and antipiracy measures and the use of force on board ships and mobile offshore drilling units. Amended on 1 July, authorizing shipowners to use private armed guards 9 Norwegian legislation The Act of 16 February 2007 No. 9 relating to ship safety and security (the Ship Safety and Security Act) applies Require shipowners to have measures against piracy Authorizes the Master to use force 10 5
Norwegian legislation The Act of 16 February 2007 No. 9 relating to ship safety and security (the Ship Safety and Security Act) applies Require shipowners to have measures against piracy Authorizes the Master to use force 11 Geographical scope The Security Regulations apply to ships in foreign waters which are sailing in, to or from an area subject to alert level 2 or 3, but only when they are sailing south of 30 degrees north latitude. 12 6
Applying for weapon permit A company which is considering bringing armed guards on board its ships must first apply for a firearm permit T The company may apply for a permit even if no decision has been made to conclude a contract with ih a specific security firm The application must be made to the chief of police The permit is general for up to 6 months 13 Applying for weapon permit The following firearms are permitted: Fully automatic firearms with a calibre such that the diameter of the bullet does not exceed 7.62 mm; Fully automatic firearms that use rounds with a size of 9x19 mm; or Single-shot, repeating or semi-automatic firearms with a calibre such that the diameter of the bullet does not exceed 12.7 mm. 14 7
Criteria for the selection of security firms, etc. There are numerous security firms offer onboard guard services in high risk areas. There is reason to believe that not all of the security firms have the necessary expertise and credibility required to perform the demanding task of providing armed guard services in high risk areas.. 15 Criteria cont. Companies are required to carry out a detailed assessment of the suitability of the security firm and the guards for each assignment 16 8
Criteria cont. Companies are required to carry out a detailed assessment of the suitability of the security firm and the guards for each assignment 17 Criteria cont. Companies must carry out a risk assesment They must document why the BMP is not sufficient They must provide procedures for the security company, inter alia, recruiting, background check, qualifications IMO guidelines should be followed 18 9
Procedures for the use of guards Such procedures must be established by the shipowner 19 Use of force use of force must be necessary, justifiable and proportionate 20 10
Use of force Arming and the implementation of procedures for the use of firearms shall be approved by the master in each individual case. Individuals shall always be responsible for ensuring that their use of firearms complies with sections 17 and 22. 21 Use of force The attackers must be warned by means of light and sound signals and the firing of warning shots; see section 24, third paragraph, of the regulations. The procedure for the use of firearms must therefore reflect the principle that the use of force must be gradual, reflecting the seriousness of the situation. 22 11
Use of force Further, section 24, fourth paragraph, p of the regulations states that the firing of aimed shots with the objective of rendering a person harmless may only occur as a last resort and after other, gentler means have been tried unsuccessfully, or in situations in which h alternative ti means clearly l have no chance of success. 23 Storage of arms Saferooms 24 12
Reporting Incidents to be reported to NMD/police Presence of security guards to military authorities when entering High Risk Areas 25 13