Piracy: Somalia and Gulf of Aden - *Updates*

Egypt Reverses Ban on Weapons and Armed Guards Onboard Vessels in its Waters

Following discussions between the Ministry of Defence, Ministry of Transport and the Suez Canal Authority, the ban on the carriage of weapons or armed guards for vessels calling at Egyptian ports and/or transiting the canal has been lifted with effect from 22 September 2011.

Any vessel intending to transit the canal should submit a letter certified by their flag state stating the details of all weapons, ammunitions, number of guards on board and the identity of the guards employers including confirmation that such weapons and ammunitions will not be used during the vessels’ presence in the canal waters.

A copy of the Port Said Chamber of Shipping notice can be read here.

IMO Guidance on the Use of Armed Guards Updated

MSC Circular 1405 has been updated by the IMO in recognition that ship owners are increasingly using the services of armed guards onboard.

Please click here for a copy of the revised guidance to shipowners.

BMP4 Now Available

In response to the fluid situation in the Gulf of Aden and Somali basin, industry bodies have updated the Best Management Practices document, the latest incarnation is version 4 (BMP4).

Members are strongly recommended to adhere to the guidance and recommendations contained within BMP4. Experience has shown that vessels strictly adhering to BMP as less likely to be hijacked.

Please click here for BMP4.

Please click here for a very useful comparison document prepared by INTERCARGO comparing BMP3 to BMP4

Please click here for our LP Briefing Maritime Security Western Indian Ocean

July 2011: Industry Guidance on the use of Citadels

Should the Ship Owner / Operator, following a thorough Risk Assessment, and having exhausted all other measures of self protection as detailed in BMP4, conclude that a Citadel is required, this Guidance describes the construction and use of a Citadel, in order to provide effective protection against determined intrusion.

These Guidelines do not attempt to recommend or endorse the construction/use of a Citadel, but aim to present the relevant facts to enable the Ship Owner / Operator to reach a reasoned conclusion as to whether or not to utilise a Citadel.

Please contact Loss Prevention for more information.

New guidance on armed guards

The use of armed guards on merchant vessels was discussed at the 89th session of the IMO’s Maritime Safety Committee (MSC) in May. Interim guidance on the employment of privately contracted armed security personnel on board ships transiting the high-risk piracy area off the coast of Somalia, in the Gulf of Aden and the wider Indian Ocean was approved.

It was expected that joint guidelines would be issued for both ship owners and Flag States. However, time constraints led to the development of two separate sets of guidelines, with those for ship operators given priority. This document is entitled Interim guidance to shipowners, ship operators, and shipmasters on the use of privately contracted armed security personnel on board ships when transiting the high risk area (MSC.1/Circ.1405).

Click here for MSC.1/Circ.1405 – Interim guidance for shipowners and operators.

Click here for MSC.1/Circ.1406 – Interim Guidance for Flag States.

Click here for more information.

Click here for our Loss Prevention Briefing on Maritime Security Western Indian Ocean

3 May 2011: MSCHOA: Instructions for updated Vessel Movement Registration Form 

In Accordance with para 1.3 of BMP3,  please see the following change  to para 6.3 and 7.2 regarding  the registration instructions and procedures for vessel  registration at MSCHOA.

It is recommended for every ship that transits through the High Risk Area to register at MSCHOA upon entry. In order to accomplish this, an updated registration procedure has been introduced on the MSCHOA Vessel Movement Registration Form. The form is unchanged except for the following:

• Entry point to High Risk Area (HRA)
• ETA to HRA
• Exit Point from HRA
• ETD from HRA
• Do you intend to transit the IRTC?

The Entry/Exit points are in accordance with the area defined in para 2.3 of BMP3 (Suez, 23N, 78E, 10S). If the transit starts/completes in a port inside the HRA, option ‘Port‘ should be selected accordingly.

If the checkbox for ‘Do you intend to transit the IRTC?’ is selected, additional fields are shown for the details of the transit (ETA, ETD for IRTC and Direction).

For a detailed User Guide to the new Form, please login to the registered users section of the MSCHOA website.

Please contact MSCHOA on email …..if you have any questions.

20 February 2011: P&I Associates, Durban have issued advice on the South African Fire Arms Control Act.

P&I Associates report that the South African Police require a permit application 21 days before the vessel’s arrival.

Click here for more information.

8 March 2011: NATO movement data

The NATO Shipping Centre (NSC) collect and process merchant shipping factual and movement data to advise merchant shipping of potential risks and interference to maritime operations. As part of this service they publish a weekly assessment of pirate activity in the Gulf of Aden and wider Indian Ocean.

Click here for more information.

Click here for the weekly assessment dated 4 March 2011.

20 February 2011: South Africa: Guns on Merchant Vessels

Due to the upsurge in piracy activity in the Indian Ocean region there has been a large increase in the number of merchant vessels that are carrying security guards, guns and ammunition. Often, the security guards disembark the vessel after the vessel has transited the “hotspot” area off East Africa but the guns remain on board, only to be removed at final destination.

The issue of guns and ammunition remaining on board vessels is creating problems for Owners and this week, in South Africa, two masters were arrested and charged under the South African Firearm Control Act.

The South African Police require that 21 days before a vessel arrives at a South African port that an application must be made to the relevant authority for a permit. This application must be duly accompanied by a number of documents.

Click here for more information.

22 December 2010: Joint War Committee extends additional war risk premium area for Somalia and Indian Ocean

As a result of the expanded area of attacks by Somali pirates beyond the current war risk exclusion zone in the Indian Ocean, the Joint War Committee has reviewed the Listed Areas, last altered on 2 August 2010. It has made the following changes:

Amended: Somalia, Indian Ocean

Added: Indian Ocean/Arabian Sea/Gulf of Aden/Gulf of Oman/ Southern Red Sea

The waters enclosed by the following boundaries:

• On the north-west, by the Red Sea, south of Latitude 15º N
• On the west of the Gulf of Oman by Longitude 58º E
• On the east, Longitude 78º E
• And on the south, Latitude 12 º S

excepting coastal waters of adjoining territories up to 12 nautical miles offshore unless otherwise provided.

Click here for a copy of the revised Listed Areas.

Members are advised to continue to follow BMP 3 and to always consult with the Maritime Security Centre – Horn of Africa (MSCHOA) for the latest routeing advice at www.mschoa.org/

Source: INTERTANKO

3 August 2010: Joint War Committee revise listed areas

Members are advised that the The Joint War Committee has recently reviewed the Listed Areas, last altered 9 June 2010, and has agreed the following changes which are incorporated in the new list. The changes effective 2 August 2010 are as follows:

Added:

Africa 
Eritrea, but only South of 15° N

Middle East
Southern Red Sea added to Gulf of Aden

The changes are a result of the recent piracy activity in the Southern Red Sea and Bab-el-Mandeb Straits, including several suspicious approaches/attacks and not least the hijack of m.v. Motivator.

Click here for an overview of listed areas.

Source: BIMCO

30 June 2010 –    BMP3 Released

The 3rd Edition of the shipping industry’s Best Management Practice to deter Piracy off the Coast of Somalia and Arabian Sea Area (BMP3) has now been released

BMP3 has been produced by the shipping industry in consultation  with EUNAVFOR, the NATO Shipping Centre and UKMTO. Industry is keen to emphasise the excellent cooperation it has received from these 3 organisations.

Industry’s focus when revising Best Management Practice has been on targeting the document at Seafarers. With this in mind the document has been produced as a pocket-sized booklet, in a new and clearer format, which includes illustrations and a small chart of the region. Additional advice augmenting BMP3 will be accessible on the MSCHOA web sitehttp://www.mschoa.eu/

Updates to BMP3 include the expansion of on the High Risk Area beyond just the Gulf of Aden, to an area bounded by Suez to the North, 10o South and 78oEast. This wider application of the BMP is essential to help counter the geographical spread of the threat from Somali-based piracy.

BMP3 contains further advice on Ship Protection Measures, a copy of the UKMTO Vessel Position Reporting Form, and  Fishing Industry guidance.  BMP3 encourages post-incident reporting to MSCHOA and UKMTO and additionally to the relevant Flag State.

The industry organisations involved will fund and produce around 25,000 copies of the booklet for distribution, and will also make electronic copies available on their respective websites.

25 June 2010:- South Africa – problems for vessels with armed guards

We have learned that the authorities in South Africa are taking a tough stance on merchant vessels using their ports which have weapons onboard due to the presence of armed guards for anti-piracy operations. Penalties may include vessel detention, fines and arrest of personnel. Local regulations must be strictly complied with.

Please click here for advice received from correspondents Shepstone Wylie.

Members will be aware that North strongly recommends the  adoption of Best Management Practices when transiting the Gulf of Aden/Indian Ocean.

16 April 2010: USA – Executive Order Concerning Somalia

The President of the United States has issued an executive order that may have implications for the payment of ransom to pirates.

Click here for the executive order concerning Somalia.

Click here for the list of prohibited persons.

Click here for a briefing on the executive order provided by JLT.

Best Management Practices to Deter Piracy in the Gulf of Aden:

In an effort to assist shipowners counter piracy in the Gulf of Aden, stakeholders have updated the Best Management Practices (BMP) publication produced in association with coalition forces.

North strongly recommends the adoption of the BMP when vessels transit the Gulf of Aden and/or trade within the adjacent waters of the Indian Ocean as described below (posted 12/1/10).

Click here for a copy of the BMP.

Piracy – Insurance related issues

The International Group of P&I Clubs (IG) has produced a FAQ document to provide general clarification and guidance on a number of matters concerning insurance cover issues arising out of piracy incidents.

Topics covered include;

• The definition of Piracy.
• An overview of the scope of cover provided by P&I, H&M, and War Risks insurance.
• The use of Guards.
• Best Management Practices (BMP).
• General Average.

Ransom payments may be funded by K&R (Kidnap and Ransom) insurers if this cover is in place and may also be covered by war or property insurers (H&M/Cargo).

K&R cover is not provided by the Club, for more information, Members should contact their normal underwriting contact at the Club.

Click here for IG FAQs document.

19 November 2009: EUNAVFOR Urgent Security Advisory

Members should be aware that in response to the recent series of attacks occurring beyond the limits of the previously advised pirate activity zone i.e. 10S and 60E EUNAVFOR have issued the following urgent security advisory: –

WARNING WARNING WARNING

***** EUNAVFOR/NATO/CMF *****

Merchant shipping is advised that recent piracy attacks have occurred outside the current pirate activity area which is bordered by 60 East and 10 South.

Some attacks have been successfully averted by the vessels complying with the industry Best Management Practices (BMP), proper use of Self Protection Measures, and utilising the usual good practice of seamanship.

In view of the vast area bounded by 60 East and 10 South it is imperative that Merchant Shipping comply with the BMP, in order to prevent piracy attacks as much as possible. Regular reporting of ships’ positions to UKMTO Dubai (UKMTO@eim.ae) when entering the reporting area bound by Suez, 10S and 78E will improve the situational awareness of the military forces.

It is essential that ships harden themselves against attacks, and maintain 24/7 piracy watches throughout their voyage through the Indian Ocean. Therefore the best advice is to be vigilant and to act promptly when approached by small craft.

The BMP can be accessed via any shipping association web site or athttp://www.shipping.nato.int/ or http://www.mschoa.eu/ or http://www.icc-ccs.org/

All incidents including suspicious sightings should be immediately reported.

Contact details as per the BMP as follows

UKMTO: email: ukmto@eim.ae
Telephone: + 971 50 552 3215
Fax: + 971 4 306 5710
Telex: (51) 210 473

MSCHOA: email: postmaster@mschoa.org
Telephone: + 44 (0) 1923 958 545
Fax: +44 (0) 1923 958 520

IMB PRC: email: piracy@icc-ccs.org
Telephone: +603 2031 0014
Fax: +603 2078 5769
Telex: MA34199 IMBPC1

MARLO: email: marlo.bahrain@me.navy.mil
Telephone: + 973 1785 3927
Fax: +973 3944 2117

**** EUNAVFOR/NATO/CMF ****

New Routeing Advice from MSC(HOA) For Vessels Trading to Ports on the East Coast of Africa 

Advice for vessels calling at ports in Kenya, Tanzania and Somalia

All vessels navigating to ports in East Africa should be aware that there have been a number of attempted armed piracy attacks and successful hijacks in the Somali Basin.

The majority of these attacks have occurred against vessels navigating between the Somali Coast and North of the Seychelles, when proceeding to and from ports in South Africa, Mombasa, Tanzania and Somalia.

It is therefore recommended that all vessels proceeding to and from ports in South Africa, Tanzania, Kenya and Somalia should consider routing South of 10S and East of 60E, avoiding the area between the Somali Coast and North and West of the Seychelles.

Additionally, while navigating in the region vessels are urged to operate at a heightened state of readiness, maintaining strict 24 hour anti-piracy visual and radar watches, actively implement recommended anti-piracy measures in keeping with Best Management Practices Version 2 dated August 2009, and regularly report daily their position, course, speed and ETA information to UKMTO Dubai (ukmto@eim.ae).

Following any piracy attack or suspicious activity, it is vital that a detailed report of the event is reported to MSCHOA, UKMTO DUBAI and the IMB.  This will ensure full analysis and trends in piracy activity are established as well as enabling assessment of piracy techniques or changes in tactics, in addition to ensuring appropriate warnings can be issued to other Merchant shipping in the vicinity.  Masters are therefore requested to complete the standardised piracy report form contained in Annex C of Best Management Practices Version 2.

IG P&I: Maritime Security – Piracy related issues

To provide general clarification and guidance on a number of matters which have been raised concerning insurance cover issues arising out of piracy incidents and the engagement of on board unarmed/armed security personnel, the Group has produced a FAQs document.

Click here for IG FAQs document.

Click here for IG home page.

United Nations  meetings in New York on combating piracy

9-10 September 2009 – United Nations Working Groups on Piracy off the Coast of Somalia.

Despite reductions in the number of successful piracy attacks in recent months, Contact Working Group 1 (WG1) highlighted a need for all interested parties to remain focussed on operational coordination as recent benefits associated with increased wave height and wind speed during the South West Monsoon are coming to an end.

10 September 2009 – 4th Plenary meeting of the United Nations Contact Group Off the Coast of Somalia.

The UN Contact Group welcomed the growing adoption of the publication ‘Best Management Practices to Deter Piracy in the Gulf of Aden and Off the Coast of Somalia’ with Cyprus, Japan, Korea, Singapore, UK and the USA all agreeing to implement measures in keeping with the requirements of the “New York Declaration“.

Click here for the Key outcomes of the 4th Plenary meeting.

Click here for the UN press release.

IMO Circular MSC.1/Circ. 1335 piracy and armed robbery against ships in waters off the coast of Somalia

Best Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of Somalia developed in the industry

The Maritime Safety Committee, at its eighty-sixth session (27 May to 5 June 2009), approved, inter alia:

• MSC.1/Circ.1332 on Piracy and armed robbery against ships in waters off the coast of Somalia;
• MSC.1/Circ.1333 on Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships; and
• MSC.1/Circ.1334 on Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships.

Following the publication of MSC.1/Circ.1332, twelve industry organizations have analyzed the experience gained by those who implemented the February 2009 version of the best management practices and have developed a revised version which amplifies and clarifies a number of issues set out in the original document.

Circular MSC.1/Circ.1335 contains the revised version of the best management practices and member Governments are invited to consider its content and advise owners, operators, managers and shipboard personnel to act accordingly taking into account the guidance provided in MSC.1/Circ.1333 and 1334.

12 June 2009: Anti-Piracy Planning Chart Launched

11 March 2009: Group Transits Explained

12 February 2009: Suspected Pirate Activity

23 January 2009: UKMTO Transit Corridor Changes

12 January 2009: Counter-Piracy Task Force

5 January 2009: Guidance for ships operating in the G.o.A

2 December 2008: UN Resolution 1846

27 November 2008: Council of the European Union

22 November 2008: Kenya Maritime Authority circular

16 October 2008: The developing international response

8 October 2008: The UN Resolution 1838 (2008)

21 September 2008: Examples of basic anti piracy measures

28 August 2008: A Maritime Security Patrol Area (MSPA)

22 August 2008: Somali pirates have migrated

5 June 2008: Somalia – resolution UNSCR 1816 (2008)

23 January 2007: Recent change in government in Somalia

MSCHOA piracy routing information bulletin during SW Monsoon season

The Maritime Security Centre – Horn of Africa (MSCHOA)

In support of the EU naval operation ‘Atalanta’, EU NAVCO established the Maritime Security Centre – Horn of Africa (MSCHOA) to coordinate with a range of military forces operating in the region and to provide support and protection to mariners.

The MSCHOA website can be used by companies to obtain advice for masters and to report vessel movements and incidents in an electronic format at: http://www.mschoa.eu/

Ship transit reports and notifications of attack should continue to be made by ships’ masters in the format described in our loss prevention briefing ‘Piracy – Gulf of Aden’ to the UKMTO in the Middle East on;

Tel: +971 50 552 3215

Fax: +971 4 306 5710

Email: ukmto@eim.ae

GOA Group Transits (GOA GT)

Ships or CSOs should register with MSCHOA for guidance on the EU NAVFOR group transit system established for passages through the UKMTO MSPA in groups – the position, time, and speed for vessels to pass through the eastern or western entrances of the UKMTO Transit Corridor are promulgated in the MSCHOA website.

The Marine Administration of the US department of transportation (MARAD) has also set up a webpage providing further guidance on Horn of Africa Piracy for ships and CSOs.