I think, if domestic companies at any time any ship to overseas trade and
through high-risk areas, in this case the problem of piracy should, propose to
the relevant bodies, we should use armed force only "Kopasus" because Kopasus
have a background already proved his skills matter to overcome the hijackers,
rather than armies philipine ...!!! friends agree it ...??? Kopasus life
...!!!hopefully Kopasus could go international in the maritime field as well,
amen.
________________________________
Dari: b budiman <bbudi...@hotmail.com>
Kepada: Milis Pelaut <pelaut@yahoogroups.com>
Dikirim: Sabtu, 10 September 2011 3:45
Judul: [pelaut] FW: [marinongpinoy] MARINA Circular on use of armed security
onboard Philippine flag vessels
> To: marinongpi...@yahoogroups.com
> From: leojsanti...@yahoo.com
> 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
>
>
>
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