U.S. and International Counter-Piracy Efforts: 2010 Update

1. U.S. and International Counter-Piracy Efforts:2010 Update RDML (sel) Fred Kenney Office of Maritime & International Law U.S. Coast Guard

2. Who Are We Protecting & Why? Providing Protection for: • U.S-flagged commercial vessels operating in High Risk Waters (HRW). • Approximately 80 U.S. vessels operate in the Horn of Africa. • 6-8 U.S. vessels transiting the region at any given time. Recent Results: • Since May 2009 over 80 vessels were hijacked; no U.S. vessels.

3. Gulf of Aden/Southern Red Sea Piracy 2009 – 31 Aug 2010 2009–18 Hijackings 67 Fired upon 2010–9 Hijackings 21 Fired upon # of Attacks Hijackings: 27 (2009 – 31 Jul 2010) Fired upon but not boarded: 88 (2009 – 31 Jul 2010) Winter monsoon season Summer monsoon season

4. Indian Ocean Piracy 2009 – 31 Aug 2010 2009–34 Hijackings 63 Fired upon 2010–16 Hijackings 36 Fired upon # of Attacks Hijackings: 50 (2009 – 31 Aug 2010) Fired upon but not boarded: 99 (2009 – 31 Aug 2010) Winter monsoon season Summer monsoon season

5. Somali Piracy Jan 2009 – 31 Aug 2010 2009–52 Hijackings 130 Fired upon 2010 –25 Hijackings 57 Fired upon # of Attacks Hijackings: 77 (Jan 2009 - Present) Fired upon but not hijacked: 187 (Jan 2009 - Present) Winter monsoon season Summer monsoon season

6. Maritime Piracy Activity2005 –2009 • 2005 - 2007 • 145 total pirate events • 2008 – 2009 • -255 total pirate events • -Indian Ocean seaward distance expanded to over 1000NM east of Mogadishu, Somalia • -Ransom payments increasing; over $100 million • paid in 2008-2009 • -Gulf of Aden merchant traffic • -Less than 1% attacked • -No significant diversion of trade • -TTPs remain the same • -No indications of AIS use • -Targets of opportunity • 2010 Forecast: Sep 2010 • -Gulf of Aden activity will likely remain low due to • sustained Coalition presence in the IRTC • -Indian Ocean activity to increase end of Sep • through Nov during the transition period • between the Northeast and Southwest monsoon • seasons 200 NM 200 NM 2005-2006 2007 400 NM 1070NM 440 NM 2008 2009

7. Counter-Piracy Initiatives 2009/2010

8. Counter-Piracy Initiatives (Highlights) • U.S. MARSEC Directives 104-6 (Rev 3) • Requires additional security measures for vsls in HRW • Supported by Port Security Advisories • Port Security Advisories (PSAs) • Provides supplemental guidance to Industry • Helps facilitates compliance w/ Directive • Executive Order on Somalia • Blocks the property of certain persons contributing to the conflict in Somalia • Contact Group on Piracy off the Coast of Somalia (CGPCS) • Created to coordinate an effective international response to piracy in the region • IMO • Implementation of Djibouti Code of Conduct • Promulgation of Code for Investigation of Piracy and Armed robbery

9. Maritime Security (MARSEC) Directive 104-6 (Rev 3) • The Coast Guard released MARSEC Directive 104-6 (Rev 3) to provide direction to U.S. flagged vessels operating in high risk waters. • Issued May 12, 2010 • Requirements – General: • Conduct piracy-specific threat assessment for each vessel • Submit “piracy annex” to Vessel Security Plan for CG review/approval • Take additional security measures to harden vessel • Requirements – HOA/GOA (Annex 1) • All measures in general section • In Horn of Africa, supplement crew w/ armed OR unarmed security • Shall establish contact & send position report to U.K. Maritime Trade Organization (UKMTO) Dubai • Due to the dynamic nature of piracy, the Directive is reviewed annually, or as necessary, to validate security measures and to incorporate lessons learned. 9

10. Port Security Advisories (PSAs) • Provides supplemental guidance to Industry & helps facilitate compliance w/ the MARSEC Directive • PSAs – Guidance on: • (3-09) Self-Defense & Defense of Others • (4-09) International Traffic in Arms Regulations (ITAR) • (5-09) Guidelines for Contracted Security Services in HRW • (6-09) Screening Process for Security Personnel in HRW • (8-09) Port State Responses to Carriage/Transport of Weapons on Board • (9-09) Post-Attack- Expected Courses of Action • PSAs and other Coast Guard piracy-related guidance can be found on CG Homeport at: http://homeport.uscg.mil/piracy

11. International Maritime Organization • IMO Code of Practice for the Investigation of Crimes of Piracy and Armed Robbery against Ships • Industry Best Management Practices 3 (BMP3) • Published June 2010 • Produced by the Shipping Industry in consultation with the combined naval forces - EUNAVFOR, the NATO Shipping Centre and the United Kingdom Maritime Trade Operations (UKMTO) • Being Promulgated as MSC Circular • Seafarer Training • Developing model courses intended to complement anticipated amendments to STCW convention • Implementation of the Djibouti Code of Conduct

12. Contact Group on Piracy off the Coast of Somalia (CGPCS) • Following the adoption of United Nations Security Council Resolution 1851, was created to coordinate an effective international response to piracy in the region • Working Group 3 (Shipping Self-Awareness) initiatives: • Industry Best Management Practices 3 (BMP3) • Assisted in preparation • Seafarer Welfare Guidance • Developing guidance related to: • Being prepared • How to handle captivity; and • How to handle post-release care. • Seafarer Training • Will provide input in developing model courses intended to complement anticipated amendments to STCW convention

13. Executive Order on Somalia • On 13APR10, President Obama signed the Executive Order: Blocking Property of Certain Persons Contributing to the Conflict in Somalia • Purpose – General: • Determined that acts of piracy and armed robbery at sea off the coast of Somalia, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States; • Blocks the property of certain persons contributing to the conflict in Somalia; and • Targets for designation those who threaten peace and stability in Somalia. • Does this Executive order prohibit ransom payments? • The USG will make no concessions to individuals or to groups holding U.S. citizens hostage. It is the USG policy to deny hostage takers the benefits of ransom, prisoner releases, policy changes, or other acts of concession. • Treasury intends to target for piracy-related designation only those persons that freely seek to support acts of piracy or armed robbery at sea off the coast of Somalia, including through the supply of weapons, communication devices, or small boats and other equipment.

14. USS ASHLAND

15. WHAT’S NEXT? • Continued development of BMP • Emphasis on Prosecutions Framework • Review of Legal Framework