Page 25: of Maritime Reporter Magazine (July 2013)

International shipping registries have continued to sharpen their aim taken at a longstanding mari-time problem: What is the appro- priate response to piracy? As at- tacks have shifted from Somalia to West Africa, the issue remains at top of mind. Armed guards have proven to be a suc-cessful deterrent against attacks. Ship Þ -nance and registry lawyer Brad Berman, a Partner at Holland & Knight (H&K), sums up a sea change in views over the past year in views about guns aboard ships, telling Maritime Reporter: ?A few years ago most of the shipping industry was against having weapons aboard, with strong objections from some of the national registries. Generally, the open registry system had already begun to ac-cept armed guards.? As Chairman of INTERTANKO?s Associate Members and a member of Council, Berman recalls early discus-sions on the debate. He said, ?The Northern European owners were initially strongly against armed guards; while the ?cowboy? poli-tics of at least one North American rep- resentative were debated in the hallway. Now two years later, well trained, expe- rienced armed security teams are openly accepted.? Berman added.?As the debate evolved, those Flag Administrations that explored the use of trained security teams found it impera-tive that the people with the guns were properly trained, had signiÞ cant prior military experience and would be com-pliant with the rules.? Issues regarding contracted guards have evolved greatly since 2008. By 2011, a consortium of industry associa- tions BIMCO, ICS, INTERCARGO, IN-TERTANKO, the OCIMF and the Inter- national Group of P&I Clubs prepared a set of guidelines regarding the use of pri-vate security contractors on board ships in the Gulf of Aden. In 2011, a group of security providers created a standard setting and informa-tion sharing body,- the Security Associa- tion of the Maritime Industry (SAMI). ?SAMI has been at the vanguard of de-veloping standards in maritime security, and the SAMI Standard has been a sig-niÞ cant foundation of subsequent devel- opments,? said Steven Jones, Maritime Director of SAMI.Maritime security initiatives moved rapidly at the IMO, in contrast to the glacial pace of other regulatory initia-tives. Ten years after the ISPS code, as concern about PMSCs (Private Mari-time Security Companies) who provide PCASPs (Privately Contracted Armed Security Personnel) mounted, the IMO again moved quickly. The IMO?s Mari- time Safety Committee meetings in 2011 (MSC 89) resulted in Interim Guidance for Flag States and for ship owners on the use of PMCSs and PCASP?s in high risk areas. The IMO did not actually endorse the practice, saying instead, that ?The car- riage of armed personnel remains a mat-ter of decision for the ship owner?after a thorough risk assessment?to request, and the Flag State to decide.? Around late 2011, two in ß uential registries- the U.S. and the U.K. opened up the door to allowing armed guards on ships ß ying their colors, following the lead of white listed ß ag states Liberia and the Mar- shall Islands.By the time of the May, 2012, meeting of the IMO?s Maritime Security Coun- cil (MSC 90), the IMO, both industry and Flag States- through the IMO, were working towards binding guidelines for PCASPs. SAMI?s Jones explained, ?The work of SAMI was covered in a submission to the IMO at MSC90, and a decision was ultimately taken to pass responsibility for developing a standard to the ISO.? www.marinelink.com 25SEA READYSEA TOUGHSEE SILVERSHIPS.COM   sSILVERSHIPSCOM DESIGNERS AND BUILDERS OF ALUMINUM BOATS MR #7 (18-25).indd 25MR #7 (18-25).indd 257/1/2013 9:15:39 AM7/1/2013 9:15:39 AM