> To: [email protected]
> From: [email protected]
> Date: Sat, 10 Sep 2011 01:04:31 +0000
> Subject: [marinongpinoy] MARINA Circular on use of armed security onboard
> Philippine flag vessels
>
>
>
> REPUBLIC OF THE PHILIPPINES
> DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS
> MARITIME INDUSTRY AUTHORITY
>
>
>
> FIRST DRAFT
> 04 July 2011
> MARINA Circular No. ____
> Series of 2011
>
> TO : All Shipping Companies/Ship Owners/Ship Operators/Charterers of
> Philippine-flagged Ships Operating in International Waters and other Maritime
> Entities Concerned
>
> SUBJECT : RULES ON THE USE OF PRIVATELY CONTRACTED ARMED SECURITY PERSONNEL
> ONBOARD PHILIPPINE-REGISTERED SHIPS TRANSITING HIGH RISK AREA.
>
> ------------------------------------------------------------------------------------------------------------------
>
> Pursuant to the provisions of Presidential Decree No. 474, Executive Order
> No. 125/125-A, International Maritime Organization (IMO) Maritime Safety
> Circular (MSC) Nos. 1333, 1334, 1405 and 1406, MARINA Board Resolution No. 04
> dated 11 March 2011 and the Best Management Practices to Deter Piracy, the
> following rules are hereby adopted:
>
> I. OBJECTIVES
>
> 1. To provide guidelines on the use of Privately Contracted Armed Security
> Personnel (PCASP) onboard Philippine-registered ships transiting High Risk
> Area; and
>
> 2. To assist ship owners, ship operators and ship masters on the use of PCASP
> onboard Philippine-registered ships transiting High Risk Area to provide
> additional protection from the scourge of piracy.
>
> II. COVERAGE
>
> This Circular shall apply to all Philippine-registered ships, with the use of
> PCASP onboard, that will transit in High Risk Area as defined in this
> Circular.
>
> III. DEFINITION OF TERMS
>
> 1. MARINA refers to the Maritime Industry Authority.
>
> 2. Private Maritime Security Companies (PMSC) Private contractors employed
> to provide security personnel, both armed and unarmed, onboard for protection
> against piracy.
>
> 3. Privately Contracted Armed Security Personnel (PCASP) armed employees of
> PMSC.
>
>
>
>
> 4. High Risk Area - an area where the piracy attacks have taken place and for
> purposes of Best Management Practices (BMP) is an area bounded by Suez to the
> North, 10"S and 78" E. The high risk areas include, but not limited to
> Africa, Indian Ocean, Arabian Sea, Gulf of Aden, Gulf of Oman and Southern
> Red Sea.
>
> 5. Piracy Attack refers to any of the following:
>
> 5.1 The use of violence against the ship or its personnel; or any attempt to
> use violence;
>
> 5.2 Attempt to board the ship where the Master suspects the persons are
> pirates;
>
> 5.3 An actual boarding whether successful in gaining control of the ship or
> not; and
>
> 5.4 Attempts to overcome the ship's self protection measures by the use of
> ladders, grappling hooks; and weapons deliberately used against or at the
> ship.
>
> IV. GENERAL PROVISIONS
>
> 1. The use of PCASP shall be permitted and serve only as an appropriate
> measure to augment the security arrangements already in place onboard
> Philippine-registered ships transiting the High Risk Area.
>
> 2. The use of PCASP onboard Philippine-registered ships should be in
> accordance with the existing instruments and guidelines developed by the
> International Maritime Organization, including the Best Management Practices
> in preventing and suppressing acts of piracy.
>
> 3. The use of PCASP should not be considered as an alternative, but in
> addition, to Best Management Practices (BMP) and other protected measures to
> suppress and deter piracy attack.
>
> V. SPECIFIC PROVISIONS
>
> 1. Only those shipping companies authorized by MARINA can use PCASP
> onboard-Philippine-registered ships that will transit in High Risk Area.
>
> 2. The shipowner/charterer should have conducted a thorough risk assessment
> and have employed all other practical means of self protection against piracy
> prior to making the determination to use of PCASP onboard
> Philippine-registered ships that will transit High Risk Area. The risk
> assessment should include the following:
>
> .1 vessel and crew security, safety and protection;
> .2 whether all practical means of self protection have been effectively
> implemented in advance;
> .3 the potential misuse of firearms resulting in bodily injury or death;
> .4 the potential for unforeseen accidents;
> .5 liability issues;
> .6 the potential for escalation of the situation at hand; and
> .7 compliance with international and national law.
>
> 3. The shipowners, charterer, ship managers and crew should comply with all
> the relevant requirements of other flag, port and coastal States on the use
> of PCASP.
>
> 4. In selecting the Private Maritime Security Companies (PMSC) which will
> provide the security personnel onboard Philippine-registered ships, the
> shipowner/charterer should undertake the following considerations:
>
> 4.1 usual due diligence in selecting the PMSC;
>
> 4.2 make a thorough inquiry on the prospective PMSC to assess their
> capability in providing security personnel onboard the ship;
>
> 4.3 ensure that the PMSC can demonstrate verifiable, written internal
> policies and procedures for determining suitability of their employees;
>
> 4.4 verify that the PMSC have adequate training procedures in place and that
> the records of training should give confidence that the PCASP have been
> provided with appropriate knowledge and skills;
>
> 4.5 verify that PMSC maintain insurance cover for themselves, their personnel
> and third-party liability cover and the PMSC terms of engagement do not
> prejudice or potentially prejudice the shipowners/charterers' insurance cover;
>
> 4.6. consult with their insurers prior to contracting with and embarking
> PCASP to assess the potential impact of their insurance cover, particularly
> as it relates to armed engagements and liability insurance held by the PMSC.
>
> 4.7 carefully discussed and agreed as necessary with the PMSC, the following
> factors:
>
> .1 Size of the PCASP Team includes length of the estimated time of the ship
> transit, latest threat assessment, the agreed duties of the PCASP team, the
> size and type of the ship. The analysis should indicate the number of persons
> that should form the security team.
>
> .2 Ship safety certificate the size of the PCASP team plus the crew should
> not exceed that specified in the Ship's Safety Certificate.
>
> .3 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 ship vulnerability and risk assessments and be able to
> advise on ship protection measures. One of the PCASP personnel should be
> qualified as the team medic.
>
> .4 Equipment requirements - this will be influenced by factors which includes
> length of the estimated time of the ship transit, latest threat assessment,
> the agreed duties of the PCASP team, the size and type of the ship. The
> analysis should indicate the number of persons that should form the security
> team.
>
> 5. The shipowner/charterer when entering into a contract with a PMSC should
> ensure that the command and control structure linking the ship operator, the
> Master, the ship's officers and the PCASP team leader has been clearly
> defined and documented. The documented command and control structure should
> provide the following:
>
> .1 A clear statement that at all times the Master remains in command and
> retains the overriding authority onboard;
>
> .2 A clearly documented set of ship and voyage-specific governance procedures
> for conducting exercises onboard;
>
> .3 A documented list of duties, expected conduct, behavior and documentation
> of PCASP actions on board; and
>
> .4 Transparent two-way information flow and recognizable coordination and
> cooperation between the shipowner, charterer, PCASP, PMSC and the Master,
> officers and crew onboard.
>
> 6. The shipowner/charterer should ensure that the PCASP team will be able to
> demonstrate responsible management and use of weapons and ammunition at all
> times when onboard. The issues should include the following:
>
> .1 Documented compliance with the relevant flag, coastal and port State
> legislation and relationships governing the transport and provision of
> firearms, ammunition and security equipment to the point of embarkation and
> disembarkation or ports/places at which the ship may call as part of its
> intended voyage whilst the PCASP team is on onboard. PCASP team should be
> able to prove that actual inventory carried matches all documented
> declarations.
>
> .2 Appropriate containers for firearms, ammunition and security equipment at
> the point of transfer to the ship.
>
> .3 Documented standards and procedures for a complete inventory of all
> firearms, ammunition and security equipment available upon arrival aboard the
> ship. (inventory should detail make, model, caliber and serial number of all
> firearms, and details of ammunition and amount.
>
> .4 Control procedures for separate and secure onboard stowage and deployment
> of firearms, ammunition and security equipment.
>
> .5 Areas where firearms may or may not be carried, together with the weapon
> state (e.g. unloaded & magazine off, magazine on and safety catch on and no
> round chambered) and what will initiate a change in that state should be
> confirmed.
>
> .6 Detailed and exercised orders for when firearms can be loaded and "made
> ready" for use should be confirmed, trained and documented during certain
> periods as listed in the PCASP contract, to ensure the highest of safety and
> operational capabilities for use of arms onboard the ship; and
>
> .7 The inventory should be reconciled on disembarkation of all firearms and
> ammunition from the ship.
>
> 7. The shipowner/charterer should require the PCASP a detailed response plan
> to a pirate attack as part of its teams' operational procedures to ensure
> that all PCASP have a complete understanding of the rules for the use of
> force as agreed among the shipowner, the PMSC and the Master.
>
> 8. The shipowner/charterer should ensure that the PCASP should 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.
>
> 9. The shipowner/charterer should ensure that the Master should maintain a
> log of every circumstance in which firearms are discharged, whether
> accidental or deliberate in order to produce a formal written record of the
> incident which includes the following:
>
> .1 Time and location of the incident;
> .2 Details of events leading up to the incident;
> .3 Written statements by all witnesses and those involved from the ship crew
> and security team in the incident;
> .4 The identity and details of personnel involved in the incident;
> .5 Details of the incident;
> .6 Injuries and/or material damage sustained during the incident; and
> .7 Lessons learned from the incident and, where applicable, recommended
> procedures to prevent a recurrence of the incident.
>
> 10. The shipowner/charterer should advise the PCASP team leaders, in the
> event the PCASP uses force, to photograph (if appropriate), log, report and
> collate contemporaneous written statements from all persons present at the
> incident in anticipation of legal proceedings.
>
> 11. The shipowner/charterer shall require the PCASP team to submit a full
> report to them, via their employers giving full details of the deployment,
> operational matters, any training and/or ship hardening conducted.
>
> 12. The ship shall have sufficient life-saving appliance to accommodate the
> number of PCASP onboard for the period being requested by the
> applicant-company.
>
> 13. The shipowner/charterer should ensure that the PCASP shall have
> appropriate accommodation during employment onboard the Philippine-registered
> ship.
>
> 14. The shipowners/charterers should ensure that the Master and the crew
> receive familiarization in relation to the Interim guidance on the use of
> PCASP onboard ships in the High Risk Area.
>
>
>
>
>
>
>
>
> VI. DOCUMENTARY REQUIREMENTS
>
> The applicant-company shall submit the following documents in support of the
> application:
>
> 1. Letter of Intent, indicating the purpose, route and the period of
> employment of the PCASP;
>
> 2. Agreement between the maritime security personnel/company/services and the
> shipowner/charterer/ship manager of the ship;
>
> 3. Rules of Engagement to be adopted by the PCASP;
>
> 4. Credentials and qualifications of the PCASP; and
>
> 5. Copy of the valid Passport of the PCASP.
>
> VII. PROCEDURAL REQUIREMENTS:
>
> 1. The applicant shall submit to MARINA a letter request, together with the
> documents, as required by this Circular.
>
> 2. A filing fee shall be paid prior to official acceptance of the request
> from the applicant.
>
> 3. The MARINA shall issue a letter-approval or a letter of denial to the
> applicant company after careful evaluation has been performed.
>
> VIII. REPORTORIAL REQUIREMENT
>
> 1. The applicant-company should submit to MARINA a certified true copy of a
> document stipulating the date of embarkation and estimated date of
> disembarkation of PCASP within fifteen (15) days from the date of
> disembarkation.
>
> 2. The shipowner/operator should submit to MARINA a formal report within
> fifteen (15) days from the event that the PCASP uses force against suspected
> pirates, in which firearms are discharged, whether accidental or deliberate.
>
> IX. PROCESSING FEE
>
> The applicant-company shall pay a processing fee of P5,300.00 per PCASP and
> P15.00 for the documentary stamp. In case of expedite application, an
> additional One Hundred per cent (100%) of processing fee shall be paid by the
> applicant.
>
>
>
>
>
>
>
> X. FINES AND PENALTIES
>
> The company shall be imposed a fine or penalty, after due notice and hearing,
> for failure to comply with any of the aforementioned provisions of this
> Circular.
>
> First violation - P 25,000.00
> Second violation - P 50,000.00
> Third & succeeding violations - P 100,000.00
>
> XI. EFFECTIVITY CLAUSE
>
> This MARINA Circular shall take effect immediately following its publication
> once in a newspaper of general circulation in the Philippines.
>
>
> BY THE AUTHORITY OF THE BOARD:
>
>
>
> EMERSON M. LORENZO, CESO V
> Administrator
>
>
>
>
>
>
> SECRETARY'S CERTIFICATE
>
>
>
> This is to certify that MARINA Circular No. 2011- ___ has been approved by
> the MARINA Board in its _______ Regular Board Meeting held on ______________.
>
>
>
>
>
> Atty. VIRGILIO C. CALAG
> Acting Corporate Board Secretary
>
>
> Published on __________________ at ______________________ .
> Filed with U.P. Law Center on _________________________.
>
>
>
>
> BUA/NSA/PSC
>
>
>
>
> ------------------------------------
>
> Yahoo! Groups Links
>
>
>
[Non-text portions of this message have been removed]
------------------------------------
1. Moderator tidak bertanggung jawab atas kebenaran isi dan/atau identitas
asli pengirim berita.
2. ATTACHMENT akan dibanned, krmkan ke pelaut-owner atau upload ke FILE.
Yahoo! Groups Links
<*> To visit your group on the web, go to:
http://groups.yahoo.com/group/pelaut/
<*> Your email settings:
Individual Email | Traditional
<*> To change settings online go to:
http://groups.yahoo.com/group/pelaut/join
(Yahoo! ID required)
<*> To change settings via email:
[email protected]
[email protected]
<*> To unsubscribe from this group, send an email to:
[email protected]
<*> Your use of Yahoo! Groups is subject to:
http://docs.yahoo.com/info/terms/
