Amid the growing problem of piracy, shippers are increasingly turning to private security companies for armed protection. However, maritime intelligence, investigation and crisis management company Gray Page has highlighted the need for independent vetting of these firms.
The IMO claims there were 489 reports of piracy and armed robbery against ships in 2010 – up more than 20 percent on 2009. So far this year more than 200 cases have been reported. About one in ten vessels already carry armed guards off the Somali coast. In May, the IMO's Maritime Safety Committee's (MSC) approved interim guidance on the employment of privately contracted armed security personnel (PCASP) to combat piracy.
The MSC guidance incorporates recommendations for flag states confirming that it is the responsibility of individual flag states to ordain the carriage of security personnel and their firearms on board ships sailing under their flags. Further interim guidance, for shipowners, ship operators and shipmasters, addresses the difficulties faced in selecting an appropriate provider of armed security services.
"For a shipowner, employing the services of an armed maritime security provider is an exceptionally serious proposition," says James Wilkes, managing director, Gray Page. "The logical consequence of putting men with arms on board a ship is, fundamentally, to sanction the potential use of lethal force to defend the crew and vessel (albeit in extreme and proscribed circumstances). Any decision of such importance should be supported by comprehensive and objective due diligence."
Gray Page has launched an armed maritime security provider vetting programme to assist shipowners in vetting prospective providers of armed maritime security services. The programme helps shipowners evaluate prospective providers against professional, legal and ethics-based criteria, such as corporate probity, financial substance, regulatory and legislative compliance, commercial experience, contractual integrity. The programme also addresses operational and logistical capability, weapons-licensing and accountability, and the selection, recruitment and training of security personnel.
"There will likely come a point in time when the diligence that a shipowner took in their evaluation and selection of a chosen armed maritime security provider will, itself, be scrutinised," adds Wilkes. "In that event, the shipowner will probably be required to demonstrate that an appropriate due diligence process was followed, adhering to the IMO guidance as a minimum."
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