Carriage of Armed Guards


	ECP Carriage of Armed Guards	Doc No.: ECP 13-00 Revision: 01 Date: 15 Oct 2024 Issued by: DPA Approved by: MD

13.1. SCOPE & PURPOSE

(a) Company does not encourage and recommend employment of Armed Security Guards onboard its vessels, however, depending on circumstance; Company employs Armed Security Guards onboard on case-to-case basis which includes specific requests from Charterers and/or ship owners. Under such circumstances following procedures shall be applicable which may supplement latest IMO guidelines which may be issued from time to time.

(b) However, it should be borne in mind that such use does not alone provide effective security. Hence, if Armed Security Guards are to be used, then they must be viewed as a layer of protection in addition to Company Security Policy and Industry BMP.

(c) Private Maritime Security Companies (PMSC): Private contractors employed to provide Security Personnel, both armed and unarmed, on board for protection against piracy.

(d) Privately Contracted Armed Security Personnel (PCASP): armed employees of PMSC.

13.2. MANAGEMENT OF CHANGE & RISK ASSESSMENT

(a) MOC shall be carried out for the selection of PMSC and deployment of PCASP by Company office which would include thorough risk assessment.

(b) The risk assessment should include and document the following factors and considerations, prior to making the determination to take such actions:

vessel and crew security, safety and protection;
whether all practical means of self-protection have been effectively implemented in advance;
the potential misuse of firearms resulting in bodily injury or death;
the potential for unforeseen accidents;
liability issues;
the potential for escalation of the situation at hand; and
Compliance with international and national law.

13.3. PMSC SELECTION CRITERIA

13.3.1. General

(a) The Company shall ensure a due diligence exercise is carried by physically visiting, inspecting and auditing each PMSC facility prior to their use on board fleet vessels. The due diligence exercise shall include the following but not limited to the following:

Company structure and place of registration
Company ownership
Financial position (e.g. Annual accounts/Bank reference)
Extent of insurance cover (covering Third Party risks)
Senior management experience
Quality management Indicators – e.g. ISO accreditation or membership of any other industry organizations

(b) Industry recognized checklist (such as from OCIMF) shall be used to carry out the due diligence exercise for each PMSC.

13.3.2. PMSC Background Information

(a) To assess the capability of the PMSC to carry out a proposed task, a thorough enquiry regarding the prospective PMSC should be undertaken, particularly in the absence of a robust accreditation scheme for PMSC.

(b) The PMSC should be able to provide documentary evidence which may include:

Maritime (as opposed to land-based) experience;
Written procedures on management including team-leading skills, chain of authority, change in command, responsibilities in life saving;
Understanding of flag State, port State and coastal State requirements with respect to carriage and usage of firearms;
Availability of written testimonials/references from previous clients in the maritime industry;
Availability of documentary evidence that firearms are procured, transported, embarked and disembarked legally;
Understanding of the Somalia-based piracy threat including the military operations in the area, and the means to maintain current knowledge;
Understanding of BMP and, in particular, ship protection measures; and
Access to legal advice (e.g. in-house counsel/external legal advisers) on a 24/7 basis.

13.4. CHECKING THE SKILLS, QUALIFICATIONS AND EXPERIENCE OF PCASP

Company shall ensure that the following points regarding PCASP are checked and information obtained from PMSC as much as possible:

Criminal background check
History of employment check
Military background check where applicable
Records of medical, physical, and mental fitness of personnel (including drug and alcohol testing);
Verifiable system in place to ensure continued suitability for employment of PMSC personnel;
Documentary evidence of relevant experience and certification in the use and carriage of firearms to be deployed;
Systems for provision of security identity documentation, travel documents and visas.

13.5. TRAINING OF PCASP

(a) View high importance of quality of professional training given to PCASP Company shall try to verify that the PMSC have adequate training procedures in place. This exercise shall be undertaken to gain confidence that the PCASP have been provided with appropriate knowledge and skills.

(b) The PMSC should be able to provide documentary evidence which may include but not limited to:

Comprehensive and detailed records of training, both initial and refresher training, available for inspection;
Subject to any additional requirements of the flag State, PCASP have received, as a minimum, ship-board familiarization training;
Personnel trained and qualified to documented company standards in the appropriate use of force following recognized principles/guidelines recognized by the flag State;
Personnel trained to operate the specific firearms and other security equipment that will be used on the vessels on which they will be deployed;
Personnel given medical training to a recognized international standard; and
Personnel given appropriate training and/or briefing with specific reference to the vessel type, where that vessel will be trading, and the provisions of the International Ship and Port Facility Security (ISPS) Code, International Safety Management (ISM) Code and the latest BMP.

13.6. CONTRACTUAL CONSIDERATIONS

13.6.1. Insurance

Company shall ensure that PMSCs maintain insurance cover for themselves and their personnel and that the PMSC terms of engagement do not prejudice or potentially prejudice the ship owners’ insurance cover.

13.6.1.1. PMSC insurance cover

(a) PMSCs should provide evidence and maintain for itself and its personnel an insurance cover for the following as a minimum for the duration of the contract with our Company:

Public and employer’s liability insurance cover to an appropriate level; it is unlikely this would be less than US$ 5 million.
Personal accident, medical expenses, hospitalization and repatriation insurance.

(b) Further the PMSC should ensure its personnel to carry and use firearms on the high seas and territorial waters, for accident, injury and damage arising from the use of firearms and liability for any claim that might arise from the carriage and the use of firearms.

13.6.1.2. Ship owner’s insurance cover

Company shall consult with their insurers prior to contracting with and embarking armed PMSC personnel to assess the potential impact on their insurance cover. Company understands that the liabilities, losses and expenses arising out of the deployment of armed PMSC personnel may impact on the ship owner’s property and liability insurance cover.

13.6.2. PCASP Size, Composition and Equipment

The size, composition and equipment of the proposed PCASP shall be carefully discussed and agreed as necessary with the PMSC. Factors for consideration may include the following:

13.6.3. Size of the PCASP and Equipment requirements

This will be influenced by factors including, length of the estimated time of the vessel transit, latest threat assessment, the agreed duties of the Security Team and size and type of vessel. However, at least 4-Armed Security Personnel shall be employed. Also, it is important that the correct Personal Protective Equipment is available for all of the team including specialist ballistic protection clothing.

13.6.4. Composition

It is important that there is an appropriate hierarchy, experience and skill mix within the onboard PCASP team. The team leader should be competent in vessel vulnerability and risk assessments and be able to advise on Ship Protection Measures. It is recommended that one of the PACASP personnel be qualified as the team medic.

13.6.5. Ship safety certificate

The size of the PCASP team plus the crew shall not exceed that specified in the Ship's Safety Certificate. If the ship safety certificate requirements cannot be met due to added security personnel, then the flag Administration shall be consulted prior to their embarkation.

13.7. COMMAND & CONTROL OF THE VESSEL AND DIVISION OF RESPONSIBILITIES

(a) The Master of the Vessel shall have overall authority and retain overall command of the vessel and any decisions made by the Master shall be binding on PCASP accordingly.

(b) Subject to the provisions of above a), if a decision to use force, including firearms, is taken by PCASP, PCASP shall have sole responsibility for any decision on such use of force including targeting and weapon discharge.

13.8. MANAGEMENT OF ARMS INCLUDING ONBOARD STOWAGE, HANDLING AND ACCOUNTING OF AMMUNITIONS

(a) At the point of transfer on and off the vessel, weapons and ammunition shall be stored in secure ‘pelican’ cases (tough waterproof).

(b) These cases shall be marked with a logo and serialized in order that it can be accounted for and tracked through the system.

(d) An inventory, with each item listed by model, caliber and serial number, is kept on board, under the control of the team Leader.

(e) Weapons and ammunition are listed on manifests and their transport/transfer arranged through the necessary military or police authorities.

(f) PCASP team leaders shall be responsible for ensuring that all weapons and ammunition are checked and accounted for.

(g) The security team shall operate under strict rules for the Carriage of Weapons and Rules for the Use of Force.

(h) It is the responsibility of the PCASP team leader to establish with the Master as part of the initial briefing meeting, the procedures to be used for the stowage & deployment of weapons on-board. Master shall contact Company in case of doubts.

(i) The company shall get approval from flag state for carrying armed security guards and their equipment.

(j) In relation to the transport of weapons and ammunition to the point of embarkation, PMSCs shall comply with established regulations and procedures for all countries PMSCs currently operate in.

13.9. DRILLS / CREW TRAINING AND ASSESSMENT OF ONBOARD SECURITY BY PCASP

(a) The company shall confirm with PSMC that PCASP shall carry out onboard security assessment and assist in vessel hardening and training vessels crew in the current Best Management Practice for the Transit.

(b) The Master shall also carry out security drill onboard in consultation and involving PCASP at the earliest convenience after their boarding.

(c) The Master shall also ensure that proper watch keeping is maintained onboard the vessel including watch keeping of PCASP.

(d) Watch schedule shall be sent to the company prior commencement.

(e) Use of location and approaches to Citadel shall be discussed with PCASP during the drill.

13.10. PROTECTION FROM FIRE HAZARDOUS DUE TO FIRING BY ARMED SECURITY PERSONNEL AND PIRACY

On tanker and LNG/LPG carriers, there is possibility of fire hazard onboard due to possible firing. The following steps shall be taken onboard in order to prevent any fire:

(a) The Master shall re-confirm that there is no leakage from cargo tanks, cargo tank dome, cargo pipelines, P/V valves, P/V breaker prior to entering high risk area.

(b) In LNG carriers the Master must ensure that no venting or cargo operation (eg spraying) is underway and tank pressure is well below the Pressure relief valve activation level.

(d) If the testing of weapons is required onboard, Hot work permit shall be issued prior to any test firing and shall get Company approval prior to such test.

(e) Prior to any test firing, all crewmembers shall be well briefed and ensure that all crewmembers shall be well clear from such test firing.

(f) The Master shall inform the Company after completion of such test.

13.11. RULES OF THE USE OF FORCE

13.11.1. General

(a) The section sets out the circumstances and defines the limitations under which PCASP will engage an armed threat whilst undertaking maritime counter-piracy operations.

(b) It is essential that the Company, Ship Masters, PMSC and all PCASP always have a complete understanding of the rules for the use of force and full compliance with it. The following procedures set out the rules of the use of force which have been issued to PMSC & PCASP being contracted from time to time.

13.11.2. Principle

(a) MASTER AND PCASP MUST BE FULLY AWARE THAT PRIMARY FUNCTION OF PCASP IS THE PREVENTION OF BOARDING USING MINIMAL FORCE NECESSARY TO DO SO.

(b) THE USE OF LETHAL FORCE IS A LAST RESORT FOR PCASP AND THE MASTER MUST BE ABLE TO JUSTIFY THEIR ACTIONS IN A COURT OF.

13.12. APPLICABLE LAW SHOULD LETHAL FORCE BE USED

13.12.1. Guidelines

(a) These Rules of the Use of Force by PCASP is a response to the need to ensure the safety of the Vessel, its crew, cargo and PCASP themselves. PMSC and PCASP shall ensure that the law is always respected.

(b) The PMSC shall provide a detailed graduated response plan to a pirate attack as part of its teams' operational procedures to Company at the time of contractual agreement.

(c) PCASP shall not use firearms against persons except in self defense or defense of others against the imminent threat of death or serious injury, or to prevent the perpetration of a particularly serious crime involving grave threat to life.

(d) PMSC shall confirm that all PCASP are highly trained and understand that respect for the relevant law and adherence to the rules of the use of force is vital.

(e) All PCASP are acutely aware that their approach should, always, result in the adoption of a legally defensible position should their behaviors ever be tested in law.

(f) It is emphasized to all PCASP that the Master of the Vessel is in control and has the underlying responsibility for the safety and security of the Vessel. Save in exceptional circumstances, which are understood, this principle is inviolable.

13.13. DEFINITIONS OF TERMINOLOGY USED IN RULES OF USE OF FORCE

13.13.1. Hostile Intent

Hostile intent is a subjective assessment, based on convincing evidence necessarily on a case-by-case basis, that the likelihood of the use of force against the Vessel, its crew, its passengers, or the PCASP, is imminent.

13.13.2. Hostile Act

A hostile act is an attack or other use of force by an individual or group (such as Pirates) against the Vessel, its crew or cargo or passengers, or the PCASP.

13.13.3. Self defense

Self-defense is a right sanctioned by the relevant law that affords the crew, passengers and the PCASP the ability to use such force as may be necessary by way of response in order to protect themselves against a Hostile Act or Hostile Intent.

In general terms, the relevant law relating to self-defense exhibits the following requirements:

13.13.4. Necessity

In the eyes of the individual under attack, the threat must be imminent. The use of force by an individual in self-defense must be in response to a Hostile Act or the demonstration of Hostile Intent.

13.13.5. Proportionality

The benchmark in relation to the proportionality of the response is necessarily subjective. The use of force in self-defense must not exceed that which is proportional to the threat or actuality of the attack. The level of force used must be limited to that which is reasonably necessary to counter the threat.

13.13.6. Escalation of force – responding to the threat

(a) An escalation of force can be defined as ‘taking means appropriate to the threat or equal to the threat’.

(b) If Hostile Intent is confirmed, then a graduated response - escalation of force, to deter a probable attack, is necessary. A graduated response should be used in all situations where time permits. It is the responsibility of the PCASP to assess all available methods of force. A graduated response means that the force used should progress from the least severe to the most severe subject to that which is appropriate.

Using a parachute flare to fire above the approaching suspect vessel to indicate for them to change their course
Firing a parachute flare in the immediate vicinity of the suspect vessel
Giving verbal warnings e.g. ‘Armed Security, Stop or I shoot’
Raising the weapon into a ‘firing position’ stance

(d) In the event of a ‘hostile act’ being carried out, or ‘hostile intent’ confirmed:

Firing of warning shots above the vessel
Firing of warning shots in the water in front of the vessel
Firing of shots into the vessel's hull or engine in order to stop an attack without lethal force

(e) In the event of the ‘honest belief’ of ‘threat to life’ and when all other methods of non-lethal force have been exhausted; and there is deemed to be no other way of stopping the situation, then lethal force can be contemplated and used.

(f) As is consistent with the relevant law relating to proportionality and a decision to fire in self-defense is made, PCASP are to:

Fire aimed shots only
Fire no more rounds than are necessary
Take all reasonable precautions not to injure anyone other than the intended target

13.13.7. Summary

This section details the relevant generic definitions and the rules of the use of force, and defines the graduated escalation of response. Where viable, PCASP and the Master are requested to photograph, log, report and collate written statements from all people present at the time of an incident for future reference and to offer assistance to investigating authorities at all times.

13.13.8. Post Engagement

The Company, in consultation with government and/or military agencies in the area of operations, shall agree on a course of action after an engagement. If, during an exchange of fire, members of the hostile force are killed or injured, or their vessel(s) are damaged or destroyed, Company and PMSC will:

Deploy a life raft and survival equipment for the use of the survivors
Before leaving the incident area they will contact the UKMTO with coordinates and details of the incident
The Vessel will then continue its course unless specifically instructed by the Company

13.14. SAFETY FAMILIARIZATION TO ARMED SECURITY PERSONNEL

The Master shall carry out safety familiarization training to all Armed Security Personnel as soon as they come onboard the vessel as per the SMP-11-04A Essential Instructions, Safety Familiarisation & Training and records shall be maintained onboard. Familiarization would specifically include the location and approaches to the Citadel.

13.15. MAINTENANCE OF LSA / FFA, MEDICAL EQUIPMENT INCLUDING MEDICINES AND HYGIENE FACILITIES ONBOARD.

The Master shall reconfirm to the Company that all LSA and FFA are in order and ready to use and all medical equipment/ hygiene facilities are in order and ready to use prior embarkation of PCASP.

13.16. APPRAISAL OF PCASP PERFORMANCE

13.16.1. Performance Evaluation

(a) PMSC Performance Evaluation Report (ECP-13-00A) shall be used by the Master and sent it to the company as soon as they disembark from the vessel. CSO may ask for additional information if so required.

(b) The performance evaluation report should cover items such as Safety Awareness, Communications, Watch keeping Skills, Drills & Training, Professionalism, Marine Security Awareness, Firearms Usage and Compliance with agreed instructions.

(c) Some Charterers / Oil Majors have their own format such as IMT. Their format shall be used for Performance Evaluation.

(d) However, PMSC Performance Evaluation Report shall be sent to Office Only.

13.17. REPORTING AND RECORD KEEPING

13.17.1. Documentation of Weapon Discharge

(a) The Master should maintain a log of every circumstance in which weapons are discharged, whether accidental or deliberate. Such actions should be fully documented in sufficient detail in order to produce a formal written record of the incident. It is a requirement of many Flag States under both the ISM and ISPS Code.

13.17.2. Required Report Information

(b) The requirements of a formal written report shall be considered to include the following:

Time and location of the incident
Details of events leading up to the incident
The identity, and details of personnel involved in the incident
Details of the incident
Injuries and/or material damage sustained during the incident
Lessons learnt from the incident and, where applicable, recommended procedures to prevent a recurrence of the incident

13.17.3. Use of Force Reporting

(c) In the event the PCASP used force photographs (if available), log, report and collate contemporaneous written statements from all persons present at the incident in anticipation of legal proceedings.

13.17.4. PMSC Report Submission

(d) In addition to the reporting by the Master, PMSC shall submit their full report to the Company giving full details of the deployment, operational matters, any training and/or ship hardening conducted, and offering advice as to any further enhancements to security that may be considered.

13.18. TEST FIRING ON BOARD BY PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL (PCASP)

13.18.1. Purpose of Live Firing Practice

(a) The aim of the live firing practice is to test the weapon system’s functionality, ensure that the firer and Team Leader (TL) of PCASP is satisfied with the Point of Aim (PoA) and to ensure that the TL is satisfied with the marksmanship standard and zeroing of the weapons within acceptable parameters.

13.18.2. Hazard Analysis and Risk Assessment

(b) Master shall ensure that the TL conducts comprehensive hazard analysis and risk assessment immediately prior to the PoA/Zero Firing practice.

13.18.3. Structured Conduct of Firing Practice

(c) The PoA/Zero Firing is to be conducted in a formal and structured fashion ensuring that all executive words of command are delivered by the TL/DTL in a clear and concise manner.

13.18.4. Zeroing and Weapon System Parameters

(d) The TL should ensure that each member of the MST fires within acceptable parameters regarding the zeroing of his weapon system. The TL must consider that this practice is being conducted from a moving platform onto a moving target.

13.18.5. Target Criteria

(e) Master is to ensure that the TL liaise with the Master/Chief Officer in order that an acceptable target for the PoA/Zero Firing is made available. This target should comply with the following criteria:

Must be large enough to be suitable – e.g. an empty, sealed container.
Must be able to float.
Must not cause any contamination.
Must be attached to at least 200 metres of cable/rope.
Must be able to be retrieved on completion of use.
Must be acceptable under MARPOL.
Must not be conducted in hazardous areas of the ship.

13.18.6. Firing Practice Record

(f) Master shall ensure that on completion of the PoA/Zero Firing the following information is to be recorded by the TL and handed over to Master. Master shall also log it in Deck Logbook.

Date of Firing Practice
Time of Firing Practice
Position of Firing Practice
Rounds fired

13.18.7. Logistics Report

(g) The TL is to ensure that the Logistic Embarkation Report contains the ammo state for both before and after the PoA/Zero Firing.

13.18.8. Dress Code and Safety Procedures

(h) The Aim of this firing practice is to:

Detail the responsibilities during the practice
Detail the conduct (including dress code) of the practice
Detail the medical procedure

13.18.9. Dress Requirements for Participants

(i) Master shall ensure that the following dress is required for all personnel participating in the PoA Practice:

Full P2P uniform
Hard soled footwear
CBA
Helmet
Issued eye protection
Ear defenders

13.19. ANTI-PIRACY EQUIPMENT

13.19.1. Equipment Inspection

(a) Anti-piracy equipment on board shall be kept with proper identification and be inspected every 3 months. The status shall be sent to office using Anti-Piracy Equipment Checklist.

13.19.2. Re-checking Status

(b) Its status shall be re-checked as soon as voyage orders are received to transit HRA areas and PIC informed.

Company Security Policies for:

Red Sea, Gulf of Aden & East Coast of Africa, Indian Ocean / Arabian Sea
West Coast of Africa
South China Sea