The Security of Maritime Trade

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The Security of Maritime Trade Frank Wall
CMG International Maritime Organization (IMO)
Security Consultant
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Focus on the work undertaken by the International
Maritime Organization (IMO) the United
Nations Specialized Agency responsible for
merchant shipping
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• Since the early 1980s IMO has issued a
  significant amount of guidance to Governments,
  ship owners, Masters, crews and port facilities
  aimed at reducing security risks to merchant
  shipping and ports
• Piracy (High Seas) and armed robbery (attacks
  within the jurisdiction of a littoral State)
• Drug smuggling
• Stowaways and Illegal Migration, and
• Terrorism (Unlawful Acts)

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Most of the guidance issued has sought to
encourage the development of security practices
and procedures aimed at detecting and deterring
security threats Though the possibility of
responses to actual security incidents involving
Police, Customs, Coast Guard and Naval assets is
recognized it is not necessarily prescribed
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• IMO has also developed a number of mandatory
  instruments and requirements
• the Suppression of Unlawful Acts (SUA)
  Treaties 1988 (in force)
• SOLAS Chapter XI-2 and the
  International Ship and Port Facility Security
  (ISPS) Code (in force)
• the Suppression of Unlawful Acts (SUA)
  Treaties 2005 (not yet in force)

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Emphasise aspects relating to Piracy and armed
robbery The International Ship and Port Facility
(ISPS) Code The Suppression of Unlawful Acts
(SUA) Treaties 2005 Long Range Identification and
Tracking (LRIT)
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Piracy and armed robbery The vast majority of
attacks by pirates and armed robbers are
undertaken from coastal locations While avoiding
areas where attacks occur, or alertness when
navigating within such areas, are the best
defences early reporting when an attack occurs to
the authorities of adjacent coastal State(s) can
aid effective response, particularly as the
attackers return to shore
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Indian Navy/Coast Guard
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• Piracy and armed robbery
• When pirates have been apprehended on the High
  Seas difficulties can occur, or have occurred,
  if
• the national law of the intervening (Naval)
  vessel does not provide for the boarding of
  vessels on the High Seas in response to piracy,
  or
• when apprehended pirates are delivered to a
  coastal State offences relating to piracy are
  not included in the Criminal Code of the coastal
  State
• It is understood that the United Kingdom
  Department for Transport is considering
  legislation to clarify the position of Royal Navy
  vessels responding to piracy incidents on the
  High Seas

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Piracy and armed robbery In waters under the
jurisdiction of a coastal State response to
attacks by armed robbers, or pirates found within
such waters, rests with the authorities of the
State In Straits used in International Navigation
co-operation between the authorities of the
littoral States to deter, and respond to attacks,
has been beneficial An example is the Malacca
Straits Coordinated Patrol Network, bringing
together the MALSINDO surface patrols and the
Eyes in the Sky (EiS) air surveillance
arrangements adopted by Malaysia, Singapore and
Indonesia
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The International Ship and Port Facility (ISPS)
Code The ISPS Code requires passenger ships and
cargo ships (over 500 gt) trading internationally
and port facilities used by such ships to have
mandatory Ship or Port Facility Security
Plans The duties of specified officers, their
training and applicable drills and exercises are
specified The Ship or Port Facility Security Plan
should cover all security threats that could be
encountered by the ship or at the port facility
and need not be confined to terrorist threats
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The International Ship and Port Facility (ISPS)
Code
The security of harbour craft can be included in
a Port Facility Security Plan which can cover
approaches, anchorage and waterside areas
USS Cole
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The International Ship and Port Facility (ISPS)
Code
A number of States are considering adopting
security measures, under National Law, applying
to fishing vessels, recreational craft and small
vessels which are not covered by the ISPS Code
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The International Ship and Port Facility (ISPS)
Code The ISPS Code is based on three Security
Levels At Security Level Three ships and port
facilities have to be able to prepare for, and
respond to, instructions issued by the relevant
Authorities in the event of an imminent, or
actual, attack For ships under actual, or
imminent, attack in distant waters the
involvement of foreign Naval assets will be
required In waters under the jurisdiction of a
coastal State co-ordination of response to
actual, or imminent, attack rests with that
State
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The International Ship and Port Facility (ISPS)
Code For supply chain security the ISPS Code has
to be read together with guidance issued by the
World Customs Organization (2005) which is
derived, in part, from procedures developed as
part of the United States Container Security
Initiative (US CSI) and Customs Trade Partnership
Against Terrorism (US CT-PAT) Security
requirements are also promulgated by IMO and the
United Nations on hazardous, dangerous and
radioactive cargoes
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The Suppression of Unlawful Acts (SUA) Treaties
2005 The original SUA Treaties of 1988, developed
after the ACHILLE LAURO, apply to all ships and
define offences relating to terrorist attacks
against ships and fixed platforms operating on
the Continental Shelf on the basis that
apprehended offenders would either be prosecuted
or extradited The SUA Treaties of 2005
significantly extend the terrorist offences
relating to ships and fixed platforms including
the carriage of fugitives who may have committed
offences specified in other United Nations
Counter-Terrorism Conventions The SUA Treaties of
2005 do not cover piracy and armed robbery
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The Suppression of Unlawful Acts (SUA) Treaties
2005 To date interdiction of ships on the High
Seas has been authorised under specific United
Nations Security Council Resolutions There have
been a number of bilateral or multilateral
agreements which grant prior, or provide for
accelerated, boarding approval by flag
States Examples of the latter have primarily been
drug related (1988 Vienna Convention) Others
include Proliferation Security Initiative (PSI)
Ship Boarding Agreements
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The Suppression of Unlawful Acts (SUA) Treaties
2005 Under Article 8bis a requesting State can
request authorization to board a ship outside the
Territorial Sea and take appropriate measures
including stopping, boarding, and searching the
ship, it cargo and persons on board and
questioning those on board if they have
reasonable grounds for believing a SUA 2005
offence is being, or is about to be, committed
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• The Suppression of Unlawful Acts (SUA) Treaties
  2005
• Article 8bis provides for confirmation of the
  nationality of a ship by the flag State
• There are three possible approaches to granting
  approval to board once nationality has been
  confirmed
• that pre-approval has been agreed between the
  flag and requesting State
• that deemed approval can be presumed if no
  response is provided by the flag State within 4
  hours of receipt of the request to board, or
• that the flag State has to give express
  consent in each case

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A flag State can, of course, refuse consent to
board, board the ship itself or board the ship
together with the requesting State
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The Suppression of Unlawful Acts (SUA) Treaties
2005 The flag State can preserve its
jurisdiction over a detained ship if it wishes to
do so or can consent to the exercise of
jurisdiction by another State Party States are
encouraged to develop standard operating
procedures for joint operations and to conclude
agreements or arrangements Safeguards are
specified together with the possibility of
compensation for unjustified or disproportional
action
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www.maib.gov.uk
United States Navy
MV Diamond Bulker
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The Suppression of Unlawful Acts (SUA) Treaties
2005 The provisions apply only if both the flag
State and requesting State have ratified the 2005
provisions Twelve States have to ratify the 2005
provisions before they enter into force Ship
Security Plans under the ISPS Code should, in
future, specify the actions Masters and Crews
should take in the event of a boarding under SUA
2005
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Royal Navy (UK/MOD)
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Long Range Identification and Tracking (LRIT)
Ships over 300 gt already have to have an
Automatic Identification System (AIS) fitted In
future (2008/09) they will also have to fit Long
Range Identification and Tracking (LRIT) LRIT
will transmit information at, at most, 6-hour
intervals LRIT will transmit the ships
identity the ships position (latitude and
longitude), and the date and time of the
position transmitted
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Long Range Identification and Tracking
(LRIT) LRIT information can be obtained by
Contracting Governments and Search and Rescue
services The flag State (Administration) can
obtain information from its ships worldwide Port
Sates can obtain information when ships have
notified their intention to enter a port facility
or other location within the State Coastal
States can obtain information from passing
ships out to 1,000 nautical miles but coastal
States cannot obtain information in another
States internal waters or operating within the
Territorial Sea of the flag State
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Long Range Identification and Tracking
(LRIT) LRIT information need not be transmitted
where international agreements, rules or
standards provide for the protection of
navigational information, eg IAEAs Physical
Protection Convention Transmission of LRIT
information can be suspended in exceptional
circumstances and for the shortest duration if
the master considers transmission would
compromise the safety or security of the ship
such suspensions have to be reported to the
ships Administration
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Thank You