Combating Piracy “Update on the Industry’s Best Management Practices (BMP)” Singapore 26 January 2011

1. Combating Piracy“Update on the Industry’s Best Management Practices (BMP)”Singapore26 January 2011 Tim WilkinsINTERTANKO Regional Manager Asia-Pacific

2. Radically changing situation... MV Samho Jewelry

3. Industry liaison and activity on piracy • BMP • Background and Summary • Updates • Current issues • Compliance • Concluding remarks

4. Industry Liaison and Activity (1) UN • Participant at UN Contact Group (plenary) and working groups on Piracy, communications with Secretary General • Production of Best Management Practices – V3 IMO • Revision of MSC Guidance Circulars • Submission to MSC 88 on need for more robust action and prosecution of those captured EU and other governments • Presentations to EU Commission and MEPs • Frequent contact with EU and other member states MILITARY • Providing MNLO Secondee to MSCHOA • Regular contact with EUNAVFOR, UKMTO, CTF, NATO • Participation in Naval Shared Awareness and De-Confliction (SHADE) Meetings

5. Industry Liaison and Activity (2) OTHER • Contributed to production of Anti-Piracy Charts • Developed Merchant Shipping Communication Plan • Extensive media contacts • Developing guide with INTERPOL on evidence gathering and witness statements INFORMATION to MEMBERS/INDUSTRY • Developed Piracy Model Clauses (INTERTANKO and BIMCO clauses) • Providing regular Security Bulletins to Members • Providing Routing Guidance • Participating at Industry Seminars • Frequent contacts with national governments

6. Industry ‘Best Management Practices – 3rd Ed. June 2010’ Best Management Practices • OCIMF • INTERTANKO • ICS/ISF • BIMCO • SIGTTO • INTERCARGO • IGP&I • CLIA • IPTA • IUMI • Joint Hull Committee • Joint War Committee • ITF • IMB • MSCHOA • MTO-Dubai • EU NAVFOR Somalia

7. Best Management Practices: Overview • Target audience: the Seafarers. • Pocket-sized booklet: illustrations and a small chart. • Expansion of the High Risk Area: Suez to the North, 10° South and 78° East. • Further advice on Ship Protection Measures, the UKMTO Vessel Position Reporting Form, and Fishing Industry guidance. • Encourages post-incident reporting to MSCHOA, UKMTO and additionally to the relevant Flag State. • Additional advice augmenting BMP3 at the MSCHOA web site www.mschoa.eu

8. Best Management Practices: Overview Purpose: AvoidDeterDelay Scope: • Risk Assessment • Typical Pirate Attacks • Implementing BMP • Company Planning • Masters’ Planning Prior to Transit – Voyage Planning • Prior to Transit – Self Protection Measures • If a Pirate Attack is Imminent • If Boarded by Pirates • In the Event of Military Action • Post Incident Reporting • Updating Best Management Practices • Useful Contact Details • UKMTO Vessel Position Reporting Form • Piracy Definitions  • Follow-up Report • Additional Guidance for Vessels Engaged in Fishing, in the Gulf of Aden and off the Coast of Somalia

9. Best Management Practices (1) Latest available information... • UK Maritime Trade Operations (UK-MTO) • Maritime Security Centre – Horn of Africa (MSC – HOA) • NATO Shipping Centre • Maritime Liaison Office – Bahrain (Marlo – Bahrain) • IMB Piracy Reporting Centre, Kuala Lumpur, Malaysia • Industry bodies: OCIMF, INTERTANKO, INTERCARGO, ICS, BIMCO...

10. Best Management Practices (2) Register and Report - Group Transits • All ships that register with MSCHOA are entered onto a Vulnerable Shipping List every day at MSCHOA. • The MNLO unit tracks all transit vessels whose ETA’s are not consistent with the group timings and emails them directly to advise them to adjust ETA at the IRTC, or to advise their transit intentions • MSCHOA advise all ships Masters via email and by tel. of the other ships accompanying them both Eastbound and Westbound in their group • All of this policing is vital – provides reassurance of situational surveillance

11. Best Management Practices (3) Self Protection Measures (1) • Watchkeeping and Enhanced Vigilance • Closed Circuit Television (CCTV) • Manoeuvring Practice • Alarms • Upper Deck Lighting • Ship’s Tools and Equipment • Equipment Storage • Limiting Access • Accomodation and Machinery Sapces

12. Best Management Practices (4) Self Protection Measures (2) • Enhance Bridge Protection • Physical Barriers • Water Spray and Foam Monitors • Safe Muster Points and Citadels • Safe Muster Point Guidelines • Citadel Guidelines

13. Best Management Practices (5) Safe Muster Points and Citadels • Safe Muster Point Guidelines A Safe Muster Point is a designated area sufficiently inboard within the superstructure (preferably double bulkhead protection) able to withstand small arms and RPG fire where; a. in the event of an attack, non essential crew or passengers may safely muster, or b. in the event of imminent boarding by pirates, all remaining crew can also muster, preferably seated with their hands in clear view. • Citadel Guidelines A Citadel is a designated pre-planned area specifically built into the ship where; in the event of imminent boarding by pirates, all crew will seek refuge and protection with the objective of preventing the pirates from gaining control of the vessel. Such a space would probably have, but not be limited to: command and control capability of the vessel, its own self-contained air-conditioning; emergency rations; water; supply; good external communications; emergency shut down capability for the main and auxiliary engines; and remotely operated CCTV cameras.

14. Best Management Practices (6) Safe Muster Points and Citadels • Citadel Guidelines Members are strongly urged to make sure that they are fully aware of the MSCHOA guidance on Citadels which is available on the MSCHOA web site athttp://www.mschoa.org/

15. Current issues:1. Use of firearms onboard merchant ships Complex issues and serious consequences: • Not all flag states permit arms onboard • Not all port states will permit vessels to enter port limits or berth with arms on board. • Conflicts and complexities with the ship's security plan and the port security plan. • The companies offering armed services are unregulated and owners have no ability to assess their suitability to bear arms or undertake the tasks to be performed. • Issues relating to adequate insurance including P&I cover. • Issues relating to the appropriate response of an armed guard to a threat of attack. • Legal consequences and complexities in the event of an armed guard using lethal force on a pirate, or on a civilian or crew member in error, or even the armed guard suffering fatal injuries or death as a result of his actions. • The legal position and liability in the event that an armed guard causes damage to the ship or cargo or an environmental incident. • General safety aspects on the vessel, such as the adequacy of Life Saving Appliances and lifeboat/life-raft capacity. • Dangers associated with hazardous cargo and non-intrinsic equipment (firearms).

16. Current issues:1. Use of firearms onboard merchant ships The INTERTANKO Position 1. INTERTANKO believes it is the responsibility of the international navies to ensure the right of free passage on the high seas including the use of vessel protection detachments (VPD) on merchant ships 2. INTERTANKO does not advocate the arming ships' crews. 3. INTERTANKO believes that the use of private armed guards; private security forces or mercenaries onboard merchant ships has to be a matter for each individual owner or manager to assess as part of their own voyage risk assessment

17. Current issues:2. Compliance with the BMP “full implementation of BMP3 and the reporting requirements by all merchant vessels transiting the high risk area is a cornerstone of merchant vessel protection” • Common question – how many vessels comply with BMP? • Not REPORTING and Not implementing SPMs • Military observation: • LRIT • Flag information • Ship list established - issued to industry associations bi-weekly • Industry to follow up and ensure: • 1. report to UKMTO; • 2. register with MSCHOA; • 3. comply with BMP3; • 4. have adequate self-protective measures in place.

18. Current issues:2. Compliance with the BMP cntd. • Third party convoys? • Reporting to UKMTO • Registering with MSCHOA and • Implementing adequate SPMs is.........still important!

19. Concluding remarks • Both industry and governments recognize that eliminating piracy is a shared responsibility and each is doing their part • Significant progress has been made by both, BUT, more must be done to eradicate piracy and we must work together to do it • Adherence to Best Management Practices is still incomplete • Maintaining assets and resources will be a challenge for both governments and industry associations over the medium/longer term • More owners are resorting to the use of armed guards • Any escalation of activity/levels of violence will create new challenges • The “solution” to the Somali problem stills seems as distant as ever • There is a risk that the “Somali” model is copied elsewhere

20. Moving forward • INTERTANKO continues to urge Governments to robustly pursue the prosecution of those committing acts of piracy on the high seas. • Seek a final solution to the root cause of piracy in the Gulf of Aden, off the coast of Somalia, the Arabian Sea, the Gulf of Guinea, the waters adjacent to the Singapore Straits and other high-risk areas; • Ensure that safety and security are reinstated in current identified high-risk piracy areas by addressing the long-term root causes of piracy ashore in Somalia.

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