www.maritimesecurityinternational.net
Maritime Security International
Winter 2014
Fighting
Ebola The ebola situation in Africa will impact far into next year
Asian focus Small tanker hijacks by armed gangs are escalating in South-East Asia
Longchamp DECISION Blow for cargo owners
RANSOM MOVE New UK terrorist legislation may impact on ransom payments
Winter 2014
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If there are fewer hostages in detention than has been the case in previous years, with much emphasis being placed on the efforts of naval forces in the region and the use of armed guards on ships, the recent move by UK home secretary Theresa May to introduce new legislation that would make it illegal for UK-based insurers to pay ransoms that might fall into the hands of terrorists, is a source of concern to many. While it has always been the case that differentiation has been made between the payment of ransoms to terrorists – which are, in any case, illegal – and to those with no connection to terror groups – for example, in Somalia – it seems that the new UK legislation may redefine the definition of terrorist. In consequence, it may no longer be a possibility to pay ransoms to release seafarers detained in Somalia and elsewhere. Yet, in the absence of a land-based solution to Somalia’s problems, ransom payments are the only means of securing the release of crew that in some cases have been incarcerated for many years. Law firm Holman Fenwick Willan suggests that the new bill’s provisions could potentially affect the ability of the families of hostages to seek support. This publication is printed on PEFC certified paper. PEFC Council is an independent, non-profit, non-governmental organisation which promotes sustainable forest management through independent third party forest certification.
While the Home Office appears to be keen to fasttrack the bill into law before the next general election in May, let us hope that it will not be at the expense of multinational seafarers who rely on lawyers’ and insurers’ support if they are taken hostage.
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ASiAn focuS While pirate attacks on the world’s seas have fallen for the third consecutive year.
Longchamp DEciSion Blow for cargo owners.
RAnSoM MoVE New UK Terrorost legislation may impact on ransom payments.
Winter 2014
Fighting
Ebola The ebola situation in Africa will impact far into next year
Winter 2014
Aside from concerns that crewmembers may have when entering danger zones, they now have to contend with the spread of the Ebola virus, particularly in West Africa. This has led to much advice being issued to shipowners in order for them to protect their crewmembers when ships are visiting affected areas.
Maritime Security International
A comprehensive in-depth coverage of all the main security issues that affect ports, offshore and the shipping industry as a whole
If statistics are showing a downturn in attacks on ships off the east coast of Africa, west coast criminal activities continue to be a source of concern to shipowners. Meanwhile, the situation in Far East Asia has attracted many warnings about criminal activity, particularly against small tankers.
www.maritimesecurityinternational.net
Introduction
Publisher W H Robinson Editor Sandra Speares Tel: +44 (0)1483 527998 E-mail: sandra.speares@mar-media.com Project Director David Scott Tel: +44 (0)20 7386 6121 E-mail: david.scott@mar-media.com DESIGNER Justin Ives E-mail: justindesign@live.co.uk
Published by:
Maritime Media Ltd Suite 19, Hurlingham Studios, Ranelagh Gardens, London SW6 3PA, UK Tel: +44 (0)20 7386 6100 Fax: +44 (0)20 7381 8890 E-mail: inbox@mar-media.com www.maritimesecurityinternational.net
Maritime Security International
+44 (0) 161 837 6220 info@port2portuk.com www.Port2PortUK.com www.Port2PortWestAfrica.com
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Contents Introduction
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News News roundup Recent developments in maritime security, including counter-piracy and emergency procedures.
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Comment Fighting Ebola What does the current Ebola outbreak mean for the shipping industry, especially for those operating or chartering ships calling at ports in West Africa?
11 cover story
Interview Risk of the unknown Maritime Security International speaks to PSCS International’s managing director Nigel Cooper and non-executive director Andrew Pillar to learn more about the company’s unique security offerings.
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Piracy Asian focus While pirate attacks on the world’s seas have fallen for the third consecutive year, small tanker hijacks by armed gangs are escalating in South-East Asia.
16 cover story
Organisations On the job There have been a number of changes for maritime security firms recently as they expand their range of services.
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Legal Judgment blow The Longchamp decision is unfavourable to cargo owners.
24 cover story
Regulation Polar Code There have been a number of positive developments at the International Maritime Organization, including the Polar Code. But there are concerns over migrants and the effect of rescue scalebacks in the Mediterranean.
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Kidnap and ransom Ransom concerns New counter- terrorism and security bill introduced.
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Maritime Security International
Contents Insurance Tank trouble Contamination of tanks is a current concern for the insurance industry.
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Seafarers Ebola advice New video available for mariners.
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Deterrents Combating risk Maritime companies have been rolling out new products in the hopes of mitigating risk in the industry.
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Port security Underwater robot Football-sized robots can skim discreetly along a ship’s hull to seek hollow compartments concealing contraband.
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Smuggling War on opium Opium and cybercrime stand alongside container fraud as issues of major concern at the moment.
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Offshore Playing it safe Safety clothing and systems are key when operating in hostile environments offshore.
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Events
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Winter 2014
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News
News roundup Recent developments in maritime security, including counter-piracy and emergency procedures
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he Round Table of international shipping industry associations has released an updated version of “Guidelines for Owners, Operators and Masters for Protection Against Piracy in the Gulf of Guinea Region”. The guidelines have been jointly developed by the Baltic and International Maritime Council (BIMCO), the International Chamber of Shipping (ICS), the International Association of Independent Tanker Owners (Intertanko) and the International Association of Dry Cargo Shipowners, (Intercargo). Piracy and armed robbery in the waters off West Africa has become an established criminal activity of very serious concern to the maritime sector. Incidents have recently occurred as far south as Angola and as far north as Sierra Leone. These attacks have become increasingly violent, often involving firearms, and cases of kidnapping for ransom have also become more common. The global shipping industry has acted in concert to update its existing guidelines to take account of what has become an unacceptable security situation. Although the nature of the attacks against shipping in West Africa differs from that of Somalia-based piracy, the basic principles of “Best Management Practices for Protection against Somalia Based Piracy” (BMP4), previously developed by the industry to help
Maritime Security International
protect against piracy in the Indian Ocean, are also applicable. The guidelines should therefore be read in conjunction with BMP4, but are specific to the threat in West Africa, providing advice on avoiding and deterring criminal acts and armed robbery in the region. The updated guidelines also take into account new regional maritime security initiatives in West Africa, in particular the Maritime Trade Information Sharing Centre for the Gulf of Guinea (MTISC GOG), which is providing a focal point for information on countering piracy and maritime crime in the region. The guidelines have been released in conjunction with the launch of the MTISC GOG website, which includes regional
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Piracy in the waters off West Africa has become an established criminal activity of serious concern
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maritime security guidance and reporting procedures to ensure a coordinated approach among ships operating in the Gulf of Guinea. ❚
Falling overboard Falling overboard is a life-threatening emergency, not only for the person in question but also for those involved in their rescue. Every step in the rescue process has its own associated hazards and in such a fraught and potentially distressing situation a well structured rescue plan is essential. Since 1 July 2014, the International Convention for the Safety of Life at Sea (SOLAS) has required ships to have “plans and procedures for the recovery of persons from the water” that will minimise the risk to the rescuers as well as to the casualties. In response to this, Videotel, a KVH company, has developed a new programme, “Recovery of Persons from the Water (Man Overboard Edition 2)”, aimed at ensuring all crew are properly prepared for such an emergency. Videotel chief executive Nigel Cleave stresses the importance of planning and practice in the recovery of persons from the water: “As with any incident, the first response is crucial. The actions of every member of the crew are vital to a positive outcome. Best practice has been developed over a number of years using the experiences of many generations of seafarers and the introduction of
News
PASTOR against piracy Thales has unveiled PASTOR, a unique service solution to protect vessels against piracy. Primarily designed for shipping companies, this high-level services solution is based on a combination of early warning, prevention and deterrence systems. Piracy has serious human and economic consequences and can damage the economies and stability of the countries concerned. PASTOR alerts shipping companies to piracy threats ahead of time, helping them avoid the costs of route changes, late deliveries, theft of cargo, large onboard vessel protection teams and higher insurance premiums. The service solution is designed around a set of proven products and systems to protect vessels, cargoes and crews quickly and effectively, day
and night. It is available as a turnkey solution and is modular and scalable to meet evolving needs. It comprises detection (radar) and identification (gyrostabilised optronic system) functions to provide the vessel’s security officer or onboard protection team with early warning of any potential piracy threat. It includes a powerful searchlight to act as a deterrent. The solution includes intuitive data management software, which automatically issues alerts and provides the relevant authorities with clear and simple information about an attack. An automated digital radio system enables vessels in the vicinity to identify each other. A dynamic map of the threat situation can be compiled based on the data gathered by the various radar, optronic and identification systems deployed in the area. PASTOR is available as a service contract, including quick installation and removal of self-contained vessel protection kits tailored to each company’s route plans, as well as system maintenance and user training. “PASTOR is specially designed to detect and identify the small, fast craft typically used by pirates while they are still a long way off, allowing rapid implementation of the most appropriate response measures. PASTOR supports the continued growth and development of the shipping industry by improving crew safety and reducing the costs associated with piracy,” comments Gérard Herby, vice-president, services, for Thales’ Secure Communication and Information Systems business. ❚
TMG legal support service The Maritime Group International (TMG) has expanded with a new expert witness and litigation service as well as a fresh focus on accident investigation and security solutions. TMG Europe’s new director of strategy, Les Chapman, who is a former naval submarine commander responsible for £1 billion worth of nuclear assets, has experience across the sectors. He is the former chief operating officer of accident investigation and forensic engineering consultancy Reynolds Technological Inquiries and former maritime security director at Control Risks Group, one of the world’s leading business risk consultancies. According to Chapman: “The maritime world can be an incredibly hostile environment both on the sea and off it. As a top-class consultancy, the time was right to strengthen our broad portfolio with expert witness advisory services to meet the growing needs of clients in the maritime sector. “Our network of professionally qualified and knowledgeable experts are experienced in assisting company lawyers, owners, operators, insurers and individuals in and out of the courtroom to the highest international standards.”
“The time was right to strengthen our broad portfolio with expert witness advisory services
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new rescue equipment – our role is to ensure that expertise is brought into play when needed.” The programme covers prevention; planning; the first actions to take when a person goes overboard; the responsibilities of the watchkeeper and master; the processes involved in searching for the casualty; preparing to rescue the casualty; recovering the casualty into the craft; recovering the craft and caring for the casualty. The training video is available through Videotel On Demand (VOD), VOD Online and e-Learning computer-based training and features an accompanying workbook.
TMG is a global consortium of marine consultancies and management companies with offices in Seattle (head office), London, Honolulu, Brisbane and Singapore. Its expert witness services are aimed at lawyers, global corporations, owners, operators, manufacturers, investors, insurers and individuals to provide authoritative, impartial and verifiable evidence for civil and criminal courts. They draw on accident and loss investigations, engineering analysis and technical evaluation to reach well-founded conclusions for credible case presentations, depositions and testimonies. Experts also advise in preparations for trials and hearings to ensure the expert witness evidence dovetails powerfully with the case as a whole.
Winter 2014
Maritime Security International
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News Chapman added: “Our expert witness support is based on rigorous, scientific methodology and engineering analysis to provide credible evidence to support positive legal outcomes.” Litigation surrounding the capsized Costa Concordia off the Italian coast has been among recent high-profile cases. Others have included the 2013 groundings of the Beaumont cargo ship off Northern Spain and the Danio near the UK’s environmentally sensitive Farne Islands, off Northumberland. In 2013, a total of 1,1332 accidents involving 1,459 vessels were reported to the UK’s Marine Accident Investigation Branch. Maritime crime and piracy has also risen worldwide, especially recently off West Africa and South-East Asia, with more thefts, hijackings and kidnaps. In the Indian Ocean, the UN Security Council has voted to renew the mandate for states and regional bodies to fight Somali pirates for another year. The bunkering of stolen crude oil and the hijacking of legitimate shipping off the West
African seaboard provides the backdrop for a growing wave of crime at sea. The waters around Malaysia, Singapore and Indonesia remain high-risk areas for ships in transit or at anchor, with the most typical attack involving three or four robbers, usually armed with knives, boarding a vessel under way and stealing its stores having threatened its crew. TMG recruited former Royal Navy commander Martin Ewence as director of security in May for its maritime risk consulting division. Ewence served for 30 years in the Royal Navy, including command of a destroyer and as chief of staff to the NATO counter-piracy squadron in the Somali Basin. TMG’s maritime risk consulting division gives security advice to shipping and offshore clients. ❚
Outreach programme A Turkish ship, working in direct support of Combined Maritime Forces’ counter-piracy taskforce CTF-151, has undertaken Operation Whãtoro (New Zealand Mãori for Outreach), the first focused exercise with Yemeni forces in the Bab-el-Mandeb strait. TCG Gemlik was also supported by a Japan Maritime Self-Defense Force P-3C maritime patrol aircraft, operating from Djibouti. The aim of the operation was to enhance cooperation between regional participants in counter-piracy operations and develop a better understanding of the pattern of life in the Bab-el-Mandeb strait. Commander of CTF-151, Commodore Tony Millar, of the Royal New Zealand Navy was very pleased with the outcome of the operation. He said: “Cooperation between CTF-151 and Yemeni forces facilitates regional force participation in counter-piracy operations and I personally thank them for their professional support. Engagement is critical in order to improve sharing and regional capabilities in general, but also to directly contribute to a key counter-piracy objective of decreasing the piracy false alarm rate in the Bab-el-Mandeb strait.” Operation Whãtoro is the first comprehensive exercise in which CTF151 and Yemen have worked together in associated support. It is also the first time personnel from Turkey and Yemen have conducted a joint naval exercise. Engagement with local fishermen and mariners was another key objective of CTF-151, in order to inform them how their movements can be interpreted by passing shipping. According to Millar: “The first step towards change is understanding. It is believed that the high piracy false alarm rate stems in part from merchant vessels not being aware of the normal patterns of life in the Bab-el-Mandeb strait and from local craft not being aware of the alarms they trigger when approaching merchant vessels.” The exercise began with a test of the ships’ ability to conduct operations in adverse weather conditions, with a three metre swell and high winds
Maritime Security International
Winter 2014
Les Chapman
in the northern approaches to the Bab-el-Mandeb strait. TCG Gemlik also embarked translators to liaise with the mariners and also to provide feedback about ways to improve relations with the local mariners and gather a better understanding of their way of life. Commander Hüseyin Tıglı, commander of TCG Gemlik, commented: “It is clear that focused operation Whãtoro has provided an excellent opportunity to interact with the local fishing and merchant trade community, to better understand the views and behaviours of mariners in the area, allowing a safer maritime environment for all users of one of the busiest shipping routes in the world.” ❚
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News Drugs bust A Royal Australian Navy warship operating under the Pakistan-led Combined Task Force 150 (CTF-150) achieved her second successful drugs haul off East Africa on 17 November, stopping narcotics worth $158 million reaching the streets. Anzac class frigate HMAS Toowoomba is currently providing direct support to CTF-150, the Combined Maritime Forces (CMF) taskforce responsible for promoting safety and security at sea. The warship was on a routine patrol when it intercepted the dhow in international waters off East Africa. After boarding, an exhaustive search led to the discovery of 388kg of heroin in hessian bags. The drug seizure is part of a determined international campaign to disrupt narcotics smuggling in the Indian Ocean, profits from which are known to fund international terrorist organisations. Commander Cath Hayes, the commanding officer of HMAS Toowoomba, praised her team and her colleagues in CMF: “This, our second successful haul, is a direct result of timely intelligence and a well-executed plan developed in conjunction with our international partners in CTF-150 and CMF.” “Our Pakistani colleagues in CTF-150 and CMF worked with us in the development of the plan that resulted in Toowoomba recovering 388kg of heroin. The teams ashore and onboard the ship provided key pieces of the puzzle, which led to this successful intercept. The team exhibited tactical patience, utilising all available intelligence, ship’s sensors and the embarked S-70B-2 helicopter to scour a large search area and intercept the smuggler.” CTF-150, currently commanded by Commodore Sajid Mahmood SI(M) of the Pakistan Navy, is an international taskforce charged with conducting maritime security operations to deny terrorists the use of the seas as a venue for attack or to transport personnel, weapons or other illicit material. This is the second successful counternarcotics interdiction operation for CTF-150 since the Pakistan Navy took command of the maritime security and counter-terrorism mission on 14 August 2014. ❚
to organisations in both the public and private sector, and to individual members of the public. We believe that professional security has the opportunity and the responsibility to play a full role in addressing the challenges and security risks of the future. Our vision is that the sector as a whole should become recognised and respected for its professionalism by government, business and the public. Our manifesto sets out what the Security Institute is going to do to make this change happen.” The manifesto is an ambitious one and requires all stakeholders in this sector – the associations, the trade bodies, the press, the memberships – to come together and work effectively for the good of the profession. To this end, the institute said in a statement: »»
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We call on all professional bodies in this industry, however diverse, however large or small, to be more outward-looking and join with us in working independently and together for the benefit of our profession, the benefit of our industry and the benefit of our society; We call on education bodies to join with us to examine the future development of structured learning programmes to upskill the security workforce; We call upon key commercial organisations to work with us to provide the funding and support that some of these initiatives will entail; and We call upon government and its many agencies to establish an enabling, meaningful and ongoing dialogue with the profession to ensure it develops in a way that is entirely consistent with the needs of government and society.” ❚
Security Institute manifesto The Security Institute launched its Manifesto for Professional Security on 18 November at the Churchill War Rooms. The institute says its vision is to “make professional security more effective: recognised and respected for the value it delivers to society,
Maritime Security International
India
Winter 2014
Enrica Lexie case India Today has reported that the country’s Ministry of Home Affairs is looking to identify a central agency to deal with cases like the Enrica Lexie incident, in which two Italian marines, Massimiliano Latorre and Salvatore Girone, allegedly shot and killed two fishermen they mistook for pirates. Learning from its failure in the case, the Ministry of Home Affairs is said to have started the process to identify a central agency to deal with such cases in the future. The National Investigation Agency (NIA), Central Bureau of Investigation (CBI) and the Indian Coast Guard have been proposed as the agencies that will handle investigations of cases reported in territorial and international waters. According to officials from the Ministry of Home Affairs, the mandate to conduct investigations under the Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation is presently with the NIA. But, in cases of Somalian piracy, the state police have been carrying out investigations, India Today said. It quoted a senior ministry official as saying “This has led to the confusion among agencies, as CBI too has powers under the Maritime Zones of India (Regulation of Fishing by Foreign Vessels) Act 1981.” The move also aims to create a database of crime being committed in Indian waters and for this the Indian Coast Guard will be given additional powers, another official told the publication. “It was also deliberated to raise a unit within the Coast Guard which will be given training to investigate such crime.” . The court has allowed Latorre to return to Italy for treatment after he suffered a stroke. ❚
Comment
Fighting
Ebola What does the current Ebola outbreak mean for the shipping industry, especially for those operating or chartering ships calling at ports in West Africa? Specialist maritime consulting group Gray Page considers the issues
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he Ebola (1) outbreak in West Africa has been declared an international health emergency by the World Health Organisation (WHO). The current epidemic is centred on Liberia, Guinea and Sierra Leone, but there have been limited cases in Nigeria and Senegal as well. As of 18 November, 5,459 people had died of the virus, while more than 15,000 people had been infected. Medical professionals believe that the number of cases is under-reported and there are substantive concerns that the hundreds of patients per week presenting with symptoms of the virus will grow into thousands per week if the numerical trends persist. At the beginning of October, a Spanish auxiliary nurse became the first person to have contracted the virus outside Africa after treating two victims of Ebola in Madrid. Further compounding the human tragedy, the Ebola outbreak is devastating the economies of Liberia, Guinea and Sierra Leone and leaving many with too little money to buy food. None of the countries has the financial, medical or infrastructural resources to contend with the scale of the epidemic. ❚
Risk to crews The consequences of contracting Ebola are grave for anyone, especially when the right medical facilities are not available to provide immediate patient care. However, to date, airborne transmission has not been documented. This means that subject to the application of common sense precautions – essentially, the avoidance of direct physical contact with anyone ashore – the risks to crew of contracting Ebola is extremely low. In practical terms this means: »»
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Avoid making crew changes through Liberia, Guinea or Sierra Leone: with the restrictions on commercial flights in and out of these countries, it would be very difficult anyway to organise crew changes through their ports. Prohibit shore-leave: it is obvious that taking shore-leave increases the risk of crew coming into direct physical contact with an Ebola-infected person, or indirectly through contact with surfaces and materials contaminated with infected bodily fluids.
Aside from other emergencies and legal requirements, there can , in the circumstances,be no reasonable rational for considering making
Winter 2014
crew changes through Ebola-affected countries or permitting shore-leave there. Both would be to invite risk where there need not be any. »»
Strictly control access to the vessel by shore visitors: controlling access to the vessel is not just a matter of avoiding stowaways or other unauthorised persons coming aboard, it is also being sure that authorised visitors do not present a health risk to the crew. Prevention is the best way to deal with Ebola.
Procedures for increasing the control of access to a vessel should be set out in its ship security plan (SSP), in conformance with the obligations of the International Ship and Port Facility Security (ISPS) Code. However, common sense dictates keeping accommodation ladders raised; regular deck patrols; effective nighttime lighting; as well as keeping doors and access points locked when not in use. P&I Clubs have imposed the following restrictions in the ports of call after Liberia, Guinea and Sierra Leone.(2) »»
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Argentina’s River Plate area: pilots are not allowed to board any vessels arriving from Ebola-affected ports until further notice. Brazil: all vessels calling in Brazil must produce a Maritime Declaration of Health
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Comment »»
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12 hours before arrival in port. US: All vessels arriving from Ebola-affected ports must inform the relevant port authority 15 days prior to arrival if any person on board has any communicable disease (including Ebola). South Africa: Increased inspections of – and greater restrictions on – vessels arriving from affected areas, generally targeted at stowaways and crew.
In mid-September, Malta refused entry to the Western Copenhagen, a Hong Kong-registered bulk carrier, which was en route from Guinea to Ukraine. The master had requested medical assistance for a Filipino crew member who had become ill and was presenting with some of the symptoms associated with Ebola. The vessel was turned away from Malta because the country does not have the facilities to treat Ebola patients, and sailed to Sicily, where the crewman was accepted ashore for treatment. As the length of time increases during which governments, health organisations and nongovernmental organisations battle to bring Ebola under control, it is likely that more countries will prohibit the entry of ships coming directly from Ebola-affected ports, or at least impose more stringent screening regimes on ships before permitting port entry. There will be operational implications as well as contractual issues. ❚
Charterparty issues The outbreak also impinges on the obligations of owners and charterers under their contracts when trading in Ebola-affected areas. Standard charterparties do not contain clauses specifically drafted to deal with Ebola-affected ports. While fever and epidemic clauses can be drafted, where they are absent from a charterparty there are a number of issues that can arise.(3) »»
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Time charters: the general rule is that the master is obliged to follow charterers’ orders – and a charterer is to pay hire continuously through the charter period. While the safe port warranty generally relates to the safety of the vessel and cargo, an unacceptable risk to crew may render the port unsafe. Nevertheless, the presence locally of Ebola may not render a port unsafe per se, particularly if there is to be no direct physical contact between the crew and persons at the port. Voyage charters: charterers’ primary obligation is to nominate a port that is safe. If the port becomes unsafe after nomination, owners and charterers may wish to check whether the charterparty has a liberty clause that may be invoked. Delay/off-hire: Delays at both Ebola-affected ports – and for vessels arriving at other
Maritime Security International
ports after calling at Ebola-affected ports – are to be expected. Unless the charterparty has express terms dealing with delay or force majeure, owners and charterers should consider agreeing how to best deal with this problem. There is a risk that a vessel could be placed off-hire if it is quarantined prior to being allowed entry to a port. Therefore, quarantine and free pratique clauses should be examined, as they may affect both the commencement of laytime and the giving of notices of readiness. ❚
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The Ebola situation in West Africa is highly mutable and will have an impact far into 2015
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Contingency planning
country, because one or more crew are suspected of having contracted Ebola.
Plans should identify the roles of, and delineate the responsibilities of, those responding to any such eventualities, as well as establishing: »» »»
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Points of contact for national/local authorities (health, port, diplomatic, law enforcement). Identification of correspondents, enablers and subject matter experts (locally and internationally). Priorities for allocating resources and applying them. They might readily be drafted as part of a ‘What if? Therefore…’ exercise. ❚
Forecast The Ebola situation in West Africa is highly mutable and the shipping industry should expect it to have an impact on operations far into 2015. Fortunately, the risk to crews of contracting Ebola is extremely small if common sense precautions are taken. Unfortunately, contractual disputes between owners, charterers, shippers and receivers are an almost inevitable consequence of the growing restrictions on ships trading to and from ports in Ebola-affected countries. ❚
It is essential for any owner, operator or manager with vessels trading to ports in Ebola-affected countries (or even passing by them), to have a plan of action for certain contingencies. »»
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A crew member presents with symptoms indicative of Ebola while at sea after a port call in an Ebola-affected country – or while alongside in an Ebola-affected country. A supernumerary presents with symptoms indicative of Ebola while at sea after a port call in an Ebola-affected country – or while alongside in an Ebola-affected country. A vessel needs to deviate to a port in an Ebola-affected country in emergency circumstances (port of refuge, major medical incident not Ebola-related). A vessel is quarantined at a port following a previous call at a port in an Ebola-affected Notes (1) Ebola is a viral illness, for which there is – as at 8 October 2014 – currently no cure. The average fatality rate for the Ebola virus disease is around 50% (Source: WHO factsheet fs103). (2) Please refer to the guidelines issued by the P&I Club relevant to you. (3) Advice should be sought from P&I insurers or lawyers on a case-by-case basis. This paper is intended as a general summary of issues in the stated field. It is not a substitute for authoritative advice on a specific matter. It is provided for information only and free of charge. Every reasonable effort has been made to make it accurate and up to date, but no responsibility for its accuracy or correctness, or for any consequences of reliance on it, is assumed by Gray Page. This paper first appeared in Gray Page’s Thinktank section. See www.graypage.com
Winter 2014
Interview
Risk of the unknown Maritime Security International speaks to PSCS International’s managing director Nigel Cooper and non-executive director Andrew Pillar to learn more about the company’s unique security offerings
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SCS International managing director Nigel Cooper and nonexecutive director Andrew Pillar are both former Royal Marines, with Pillar retiring as a brigadier from the service in 2002 and then spending nine years in the United Arab Emirates (UAE) as a military adviser. His background in the Royal Marines was largely focused on special forces activities and maritime counter-terrorism. Cooper’s background was as a warrant officer and weapons specialist, and the two men worked together in the UAE. When considering what to do on his return to the UK, and with his background in regulation and compliance, Cooper started by looking at practices in the maritime sector and where this could be enhanced. He came up with a package of measures, two of which were DataCom© and DataCheck©. About a year ago, Cooper went into business with Private Security Company Solutions (PSCS) International, and asked Pillar to come on board. They focused initially on approaching key stakeholders, authoritative bodies and old contacts, many of whom had been in the Royal Navy or Royal Marines and therefore spoke “the same language”. “They were very taken with all the initiatives that Nigel had come up with, and one of them, DataCheck© got a very supportive response,” Pillar says.
Maritime Security International
DataCheck© validates and verifies individuals’ credentials and qualifications. With fraud in the maritime security industry described as a “global epidemic”, Pillar says that the wide range of people that PSCS has approached during the past year, including shipping companies and insurers, have been unanimous in their support of DataCheck©.
“ Fraud in the maritime security industry has been described as a ‘global epidemic’
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“There has been quite a lot of take-up in the industry so far and our aspiration is that DataCheck© will be introduced into regulation as part of the requirements for screening and become an industry standard,” he says, adding that, although the product has applications outside the maritime industry, they are focusing on that sector initially.
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DataCom©, meanwhile, sets out to “mitigate risk on behalf of clients” – something that Cooper believes to be lacking in the wider industry. Via a web-based mechanism, it offers managers real-time oversight of global security operations and of compliance to the myriad of operational requirements for the conduct of security operations. Once the “who, when, where and with what” has been entered into the selected management plan, DataCom© takes over, populating a comprehensive, individually serialised operational management plan, Pillar says. The transit management plan has been reviewed by US law practice Chalos O’Connor, which acted in the Exxon Valdez case. DataCheck©’s functionality is to represent the clients of private maritime security companies (PMSCs). PSCS International goes back to the PMSC and DataChecks all personnel, taking their names and numbers. Only people who had gone through the DataCheck process would be allowed on ships, having been proven bona fide in an industry where fraudulent certification and credentials are rife, Cooper says. DataCheck© effectively wipes out fraudulent certificates. All screening is conducted in accordance with British Standard 7858, which covers the approved code of conduct for screening security personnel in the UK. PSCS International applies that standard to ISO28007 and PSC1, as Cooper believes that
Interview ISO28007 has “fallen short of the granularity to ensure that bogus individuals are not operating within the industry”. Although the standard advocates screening to a number of prerequisites, it does not define the depth of the screen. Unfortunately, says Cooper, economic drivers mean that individuals are sent on transits when it is questionable whether they have gone through the correct screening. A PMSC gaining certification to ISO28000 via ISO28007 only has to demonstrate that they screen, he adds. Pillar explains that ISO28007 is only guidance and not legally binding. In addition, in the section on screening, there is no definition of what constitutes checking. He says that a lot of people are only doing visual checks of certificates and suggests that many of them could probably not tell a fraudulent certificate from a genuine one, “which is why we believe there has to be thirdparty, independent verification and validation”. This means checking the qualification of the certificate back to the point of origin, he says. Cooper explains that they have entered into a joint venture with the Dubai-based company Global Maritime Recruitment Solutions (GMRS) to validate and screen their 1,500 Maritime Security Operatives (MSOs). This screening is conducted fully in accordance with ISO 28007 and prior to them working for (as subcontractors) a given PMSC. In the maritime security sectors, 95% of MSOs are subcontracted to PMSCs from such companies as GMRS, he says (at times these MSOs are required at very short notice by PMSCs)! PSCS International evidences every aspect of an individual’s credentials. This information is then placed on a certificate, which is linked
(via a QR code) to a personalised webpage for real time verification in the field by clients of the PMSCs. The individual can give HR personnel a pin number that allows them to access the page and cross-check the information on the certificate. A 24-hour online checking facility is also available. PSCS International employs verification officers who maintain a close rapport with training providers, who are equally keen to ensure that people are not using fraudulent documents as this undermines the quality of their qualification. “There are benefits in this for absolutely everyone involved,” Pillar adds. People leaving the services and seeking new employment may also be interested in DataCheck© as a way to gain a competitive edge. PSCS International also caters for landbased companies providing security services. From 2015, it will be a criminal offence in the UK to employ a security subcontractor who is conducting Security Industry Authority (SIA) licensable activity but has not been screened to BS7858, Cooper explains. This, he says, is very significant and “is the functionality that we provide”. Although there isn’t such a compelling driver in the maritime sector, he says, he is optimistic that changes will be made to ISO28007 to address the issue of granularity. A number of Sri Lankans and Indians are involved in security work, he says, but there is very little evidence of their credentials. Human rights issues should also be covered by the standard, he says. One of the problems with the standard at present is that if security personnel are needed in a hurry, it is basically impossible to check their
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backgrounds in the time available. This is where DataCheck© is effective. Also, many companies use their HR department to screen individuals, so meeting the requirements of ISO28007, but frequently such staff do not have the experience to carry out this screening. It is clear that the bar needs to be raised. “ISO28007 needs to be reinforced or something else needs to come in, to provide a bit more definition and granularity,” Pillar believes. As far as PMSCs are concerned, if the DataCheck© service is paid for by operators, they say they will stipulate that any operator has to be DataCheck© cleared, he adds. Some have also said they will give preference to individuals who have been DataChecked, because this mitigates risk – and risk can prove extremely expensive. PSCS International is also in negotiations with insurers to see whether DataCheck© might be a way to reduce premiums. The UK has seen a number of cases involving fraudulent certificate production, both for seafarers’ certificates and within the maritime security industry. “If these individuals are put in high-risk situations, one dreads to think about the potential consequences,” Pillar says. He believes this is why there has been wide recognition of the merits of PSCS International’s product. “By employing DataCheck members, PMSCs can recruit subcontractor MSOs quickly and confidently in order to meet the requirements of gaining new contracts rather than having to push people out there who have not been fully screened and therefore pose a potential risk” says Pillar. “DataCheck© is here to stay and will, in time, become an industry requirement.” ❚
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Piracy
Asian focus While pirate attacks on the world’s seas have fallen for the third consecutive year, small tanker hijacks by armed gangs are escalating in South-East Asia, reveals the International Maritime Bureau in its latest piracy report
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he International Maritime Bureau’s (IMB’s) 2014 third-quarter global piracy report notes a total of 178 incidents so far this year, down from 352 for the same period in 2011. In the first nine months of 2014, pirates killed three crew, kidnapped five from their vessels and took 369 seafarers hostage. A total of 17 vessels were hijacked, 124 were boarded and 10 were fired upon. There were 27 further reports of attempted attacks. “It’s encouraging to see the huge decrease in maritime piracy and armed robbery over the last few years, thanks mainly to international navies deterring pirates off East Africa, and improved onboard security,” said IMB director Pottengal Mukundan. “However, there has been a worrying new rise in attacks against small coastal tankers in South-East Asia. We advise small tankers in particular to remain vigilant in these waters and report all attacks and suspicious small craft to the IMB’s Piracy Reporting Centre.” IMB’s Piracy Reporting Centre says gangs of thieves armed with knives and guns are making South-East Asian waters increasingly dangerous for small tankers carrying products such as gas oil or marine diesel oil. Boarding the ship at sea, pirates hold the crew hostage for a short time while they
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unload all or part of the cargo, which they then use, or sell locally. Of the six vessels hijacked worldwide in the third quarter of 2014, five were in South-East Asia.
“ There has been a worrying new rise in attacks against small coastal tankers
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Indonesia recorded 72 incidents between January and September, including 67 armed robberies and five hijackings. In two separate hijackings off Pulau Bintan in September, 26 crew were taken hostage. Elsewhere in Indonesia, 59 vessels were boarded and there were eight attempted attacks. Waters off Pulau Bintan saw more attacks than any other area in the world, with 27 incidents reported. The incidents were low-level thefts or attempted thefts from vessels at anchor or berthed. The
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report commends the efforts taken by the Indonesian Marine Police in addressing the problem areas. With just 10 incidents reported so far in Somalia this year, there is a risk that international attention will turn away from the 40 hostages still being held for ransom by suspected Somali pirates. “Some of those crewmembers have been held captive there for more than four years now, with fading hopes of immediate release,” said Mukundan, adding that seafarers should not underestimate the continuing threat of Somali piracy. The number of incidents reported in Nigeria has dropped noticeably, down to 13 in the first nine months of 2014, from 29 in the same period last year. Elsewhere in the Gulf of Guinea, Ghana recorded four incidents in 2014, compared with none in 2013. This includes the hijacking of a fishing vessel and two product tankers – and the theft of their cargoes – and the taking hostage of 86 crew members. According to Ian Millen, Dryad Maritime’s chief operating officer, who also releases piracy statistics: “The number of attacks across the globe shows that maritime crime and piracy remain a threat to the shipping industry, with both cargo theft and kidnapping high on the agenda for organised criminal gangs. We can expect to see a continuation in incidents of boarding and
Piracy cargo theft in South-East Asia and in the Gulf of Guinea as criminal groups continue to prey upon the vulnerable and the unprepared.” Also following the trend identified in the second quarter, maritime criminality continues to shift west to the border area between Ghana and Togo as demonstrated by the hijacking and subsequent cargo theft of the tankers MT Hai Soon 6 and MT Fair Artemis, Dryad says. “The intent to hijack tankers remains, with the hijacking and cargo theft of MT Hai Soon in July and a failed attempt on the MT SP Boston in August,” he says. “In the Gulf of Guinea region, we’ve also been concerned about the West African Ebola outbreak and have made sure that our clients understand the extent of the problem and the implications for the shipping industry and individual ships’ crews.” In contrast, and in keeping with the southwest monsoon period in the Horn of Africa, high wind speeds and waves in excess of 5 metres in the Indian Ocean / Arabian Sea and Gulf of Aden have precluded Somali piracy operations. However, the monsoon conditions have not affected the Southern Red Sea and the Gulf of Oman, which have seen 16 reported approaches, although none of these have been categorised as piracy incidents by Dryad. “With calm seas and light winds forecast over the next few months, conditions will be more favourable for pirate operations. However, a lack of funding, equipment and manpower is likely to limit the number of pirate action groups at sea. There is potential for pirate operations to recommence in the southern regions of Somalia. The advantage of relatively easy access to the southern Somali Basin and areas off Mombasa and Dar es Salaam and the distance from concentrations of naval forces in the Gulf of Aden make this a more likely hunting ground. Pirates haven’t struck in the areas patrolled by naval vessels for some time now, but have been unable to put to sea in other areas because of adverse weather. The next few weeks will show whether Somali criminals try their luck in open ocean areas. We will continue to advise all of our clients to maintain a distance of at least 300 nautical miles from shore when transiting along the eastern coastline of Somalia, to make it less likely that they will fall prey,” adds Millen. ❚
Anti piracy programme The Joint Shipping Initiative – made up of Shell, BP, Maersk, Stena and Japanese shipping companies NYK, MOL and “K” Line – has given $1.5 million of additional funds to a United Nations Development Programme (UNDP) project to improve the lives of Somalis and security for seafarers. The UNDP’s “Alternative Livelihoods to Piracy in Puntland and Central Regions of Somalia” project aims to reduce piracy off the coast of East Africa through local economic development, job creation, training, and business development grants onshore in one of the world’s poorest countries. “Development projects that provide an alternative livelihood to would-be pirates are a vital element of the long-term solution to piracy,” said Dr Grahaeme Henderson, vice-president of Shell Shipping & Maritime. “We have been very encouraged by progress so far and look forward to positive results from this new phase of work.” A lack of jobs and legitimate business opportunities for young people helps Somali pirate leaders to attract recruits for attacks on merchant shipping that cost the international community billions of dollars a year. By offering alternative livelihood options to these youths, UNDP and the Joint Shipping Initiative work to prevent the lure of piracy. “Somalia has one of the world’s highest rates of youth unemployment. Nearly 67% of young people are unemployed. To reverse this reality, we work with local authorities and community
groups to identify sustainable solutions – such as infrastructure projects, livelihood trainings or reintegration projects – and tailor our support to match the need,” stated UNDP’s Somalia country director, George Conway. Initiated by Shell in 2013, the Joint Shipping Initiative’s first donation of $1 million helped expand the market building in Adado – a town in central Somalia – creating hundreds of jobs for retailers and better sales options for farmers. It also helped improve vital infrastructure, including building a road to link the isolated Hafun peninsula with the rest of the country – a project that generated hundreds of temporary jobs. The road also helps expand opportunities for trade and business, increasing access to communities in the Hafun peninsula. In addition, training courses in skills such as computing, plumbing, building and clothesmaking have been set up elsewhere to help young Somalis find work, or set up businesses themselves with the help of small grants. Today’s additional funding meets the Joint Shipping Initiative’s 2012 pledge to donate a total of $2.5 million to UNDP’s development efforts in Somalia. It will allow UNDP to start work in the towns of Alula and Bargal, near the tip of the Horn of Africa, and Balanbal in central Somalia. “Piracy is a global problem that takes root in limited economic opportunities, high youth unemployment rates and poor infrastructure,” said Jens Munch Lund-Nielsen, head of emerging markets projects in group sustainability at Maersk. “The problem requires a land-based solution.” ❚
The United Nations Development Programme (UNDP) project aims to improve the lives of Somalis and increase security for seafarers
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Corporate viewpoint POLICY & FORUMS 18
Always a question of quality
G
Malta – Head Office: Sinbad Navigation Ltd 34 Cathedral Street, Sliema SML 1503 – Malta. E-mail: office@sinbadnavigation.com Operational Headquarters: Sinbad Navigation Company Ltd United Arab Emirates Tel: +971 (0)445 39600 Tel: +971 554061 714 E-mail: ops@sinbadnavigation.com E-Mail: office@sinbadnavigation.com Gulf of Oman Operation: MV Antarctic Dream (25N) Tel: +881632575141 Tel: +881432589580 E-Mail: gulfofoman@ sinbadnavigation.com Red Sea Operation: MV Sinbad (19N) Tel: +13103410016 Tel: +870773202884 E-mail: redsea@sinbadnavigation.com
etting maritime security personnel to the ships that they are to guard is the job of Dubai-based logistics provider Sinbad Navigation, whose general manager, Steve Bayliss, heads the operation. The company has a fleet of four ships, which it both owns and manages so as to keep a tight control on the service it provides. So what are the challenges that private maritime security companies (PMSCs) are facing? “PMSCs are being squeezed. The maritime security industry is becoming increasingly commoditised,” he says. That is driven by two things – increased competition in the form of more security providers, which adds to the challenges they have because it is driving down the price. Shipping companies are pushing hard on forcing down security companies’ prices because of market conditions. Shipping companies have been under pressure on price and that has been passed onto security companies, he says. “They are trying to reduce their spend on security,” he says. This filters down to his company as a thirdparty provider to remain competitive in the market. There are a lot of new companies in the market and, he says, Sinbad has to be careful who it takes on and has to ensure that it continues to provide a good, safe and cost-effective service so PMSC clients can also remain competitive. Another challenge is checking clients’ licences and their compliance. The issue of armed security on ships is something of a taboo subject, he says and therefore Sinbad needs to be sure it is dealing with the right companies. He
says he looks closely at the companies that he deals with.
The company owns and manages all four of its ships, with full autonomy over its supply chain… so there is no risk of commercial disputes. Sinbad Navigation has been operating since 2010 and has a good understanding of the market and who the good and bad players are, he says. The company runs checks as to whether potential clients are registered with bodies like SAMI and are signatories to the International Code of Conduct. It also checks in cases where there are firearms on board whether they have an end-user certificate to ensure they have been exported legally. Sinbad also carries out an informal due diligence process on clients in terms of their systems and procedures. “While they are onboard our ships, we have to make sure that they comply with our systems and procedures.” Checks are made in a very personal manner and in strict confidence, he says. The working relationship with clients is very close, and the company wants to understand in detail what the client’s requirements are. “We try to tailor services on an individual basis.” The relationship between the PMSC and the shipping company is separate from the service that Sinbad provides,
Galle Operational Floating Armoury: AGMS Mr Nandana Diyabalange Tel: +94 (0)114 3466796 Mobile: +94 (0)772 083514 Email: nandana.d@avantmaritime.com
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he explains, as Sinbad is involved in the process of storing PMSC’s equipment and feeding and accommodating personnel when not on the job. During the past 12 months, Sinbad has made a substantial investment in the company’s operating capability, he says. The company owns and manages all four of its ships, with full autonomy over its supply chain. This is critical for clients, because it means there is no risk of commercial disputes as there would be in the case where a ship management company was being used. In the event of third-party ships being involved, a dispute over payment could lead to the PMSC finding their equipment was held on a ship to which it no longer had access, a risk of which many security companies are not aware, he says. For Sinbad this is not a problem because the company manages its own ships. Sinbad has invested significantly this year with the acquisition of former cruise ship The Antarctic Dream, which is currently operating in the Gulf of Oman. The company has dry-docked all four of its ships this year in Dubai. The company also has military specification rigid hull inflatable boats (RHIBs), which it uses to transport teams to the vessels. The RHIBs, which are of the same type as those used by the US military, are designed to operate in harsh environments and the emphasis, he says, is on delivering teams safely. On each of the ships, there are also a number of smaller Zodiac RHIBs, which can be used as contingency. The Antarctic Dream is on station in the Gulf of Oman and Sinbad has just launched a new service in the Red
Corporate viewpoint
Sea with the MV Sinbad. It has obtained the necessary licensing to run a shuttle service in and out of Port Sudan, making it one of only two companies holding a licence to operate within Port Sudan. It is very important, he says, that the company has complete control over its supply chain, because once ships have security equipment on board they cannot make port calls. Sinbad’s supply boats run provisions backwards and forwards to them as well as handling crew changes, Typically, there would be a regular shuttle once or twice a week in both directions. One issue he is keen to stress is that while there may be several companies providing this kind of service, Sinbad is one of the few that is taking a long-term view of the business. The company is a market leader, he says, and that is a result of providing a good and reliable service to its clients. The scale of investment this year is proof of its long-term commitment to the business, he says. “We want to be provider of choice to responsible PMSCs.” Port Sudan is strategically located at 19°N and has substantially implemented the International Ship and Port Facility Security (ISPS) Code. The country also offers more than 25 international flights per day and a good assortment of four-star and five-star hotels. At present, the company is building the Red Sea business and the main focus is on delivering a faultless service to its clients there and in the Gulf of Oman. Bayliss says. In terms of specific issues relating to the business, he says he sees lots of providers that are not necessarily operating in a responsible way. While Sinbad’s Antarctic Dream is designed to take on passengers, other providers are using vessels that are not designed
for taking passengers and in consequence do not have the necessary amenities and are not compliant with the International Convention for the Safety of Life at Sea (SOLAS) from a safety perspective, because they are being overloaded with personnel.
What you get from us is a good service at a fair price. Most of all, you don’t have to worry that we are breaking the law in some fashion. The safety of your personnel onboard our ships is of paramount importance to us. The safety issue is particularly important because ships that are carrying weapons cannot call in ports if they have a problem, he says. Some PMSCs are turning a blind eye to the fact their personnel are being accommodated on non-compliant vessels, he warns. The issue is being driven totally by price, he says, whereas Sinbad has made the investment to ensure it is compliant and has the right kind of ship to accommodate up to 250 passengers. “What we are saying to responsible PMSCs that what you get from us is a good service at a fair price. Most of all, you don’t have to worry that we are breaking the law in some fashion. The safety of your personnel onboard our ships is of paramount importance to us.” The company does not do ship-to-ship transfers. All
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the transfers are done by RHIBs, which Bayliss says is the safest way to transfer personnel and equipment from one ship to another. The RHIBs that Sinbad uses cost $120,000 but are designed for carrying personnel safely and quickly, particularly in poor sea states. Sinbad’s business is twice as large as it was a year ago, which Bayliss attributes to the company’s ability to provide a safe, efficient and reliable service. “Continuous improvement is part of our agenda, and we look very carefully at our business from one end to the other to make sure we are delivering in all areas, not just the physical delivery of people to ships.” The company is also going through the process of getting accreditation for ISO28007, although strictly speaking this is not necessary because the company is not providing security services but is acting in a logistics capacity. However, it is important, he says, to marry up the company’s procedures with those of its clients. He expects the process to be complete next year. The main thing, he says, is that Sinbad concentrates on delivering the best service to its clients, so that they can concentrate on providing the service to their clients without “worrying that we will let them down”. Sinbad is based in the United Arab Emirates (UAE), which is an excellent business environment, Bayliss says. It is also geographically well placed for the area in which the company operates as well as having good communication links. “We have covered a lot of ground this year and have spent a lot of time on training. We continue to invest in our people, to make sure we do the best that we can do.” ❚
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On the
job
There have been a number of changes for maritime security firms recently as they expand their range of services
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eptune Maritime has announced that, as an ISO PAS 28007-certified company, it has been granted Associate Member status of BIMCO, one of the world’s largest shipping associations, responsible for approximately 65 per cent of the world’s tonnage, with members in more than 120 countries. Membership of BIMCO, combined with ISO PAS 28007 certification, means that clients can rest assured that Neptune is able to conduct operations safely and has the necessary internal governance in place. In a recent BIMCO bulletin discussing the offer of Associate Membership to ISO PAS 28007-certified PMSCs, Giles Noakes, BIMCO’s Chief Maritime Security Officer, said: “This action is being taken in full confidence of the suitability of ISO PAS 28007 (BIMCO has been intimately involved in its development and GUARDCON is used as an example of a standard contract within the ISO PAS) and to encourage all PMSCs to progress down this route as the only comprehensive, legally-safe method for members to select the right company.” Carl Sykes, Neptune’s MD, said:“Associate Membership of BIMCO marks the end of a long period where Neptune has actively pushed for greater governance and oversight in the maritime security industry. I’m delighted that
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the company has achieved membership of such an august body and hope that the move will go some way to allay concerns potential clients may have about armed security provision in the maritime environment.”
“ Hijackings and
theft continue as well as kidnaps of oil and gas workers and senior crew
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Neptune offers clients a range of bespoke security and consultancy services throughout the maritime and offshore domains. Neptune was established in 2009 by two ex-members of the UK’s maritime Special Forces unit (Special Boat Service) in response to the then everincreasing Somali Piracy problem off the Horn of Africa which was rapidly spreading over the Gulf of Aden, Indian Ocean and East African region.
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The company rapidly grew throughout the next few years, establishing a regional infrastructure of fully legitimate, compliant and operational firearms storage and logistical management, for the provision of armed vessel protection to every kind of merchant shipping vessel passing through the High Risk Area (HRA). In 2012 Neptune added to its main UK office, establishing an Operations & Support Centre in Dubai, UAE central to our area of operations and increasing our regional footprint. In 2013 the company added representation in Tokyo, Japan and more recently in 2014 representation in Singapore. Business development manager Jeremy Johnson was recently quoted in All About Shipping news letter as saying: “The threat from pirates and well-organised criminal syndicates is becoming increasingly sophisticated. “Their reach stretches across the Asia, Middle East and Africa (AMEA) region as well as parts of North and South America to pose a potential threat for executives, operators and owners in a range of maritime sectors, including ports, offshore and the cruise market. “As a trusted and professional PMSC, we continue to develop and deliver safety and security services tailored to the protection of the maritime community as regional threats and global hazards evolve.
Organisations “Our expanding range of services is designed specifically to ensure the continued safety, security and protection of people, vessels, assets and installations. “Protection by prevention is key in the effective management and mitigation of risk, whether it is at sea, in port, in onshore and offshore environments.” In addition to an increase in attacks on merchant shipping, the oil and gas sector has become a valuable target for a new wave of organised criminal organisations in Southeast Asia. Port and terminal owners and operators face increasing instability, particularly in North Africa and the Middle East. There are more than 12,000 ports worldwide, according to IHS’s Sea-web. Major threats include civil unrest and potential terror attacks. The cruise industry values discreet protection and training services. Cruise Market Watch said that the number of cruise passengers is set to increase by 3% this year to 21.6million compared with 2013 - making the industry worth $27.1 billion worldwide. ❚
Security training Videotel™ has expanded and enhanced its Ship Security Officer and Designated Security Duties training course in line with the latest Standards of Training, Certification and Watchkeeping (STCW) regulations. Both training courses contain brand new resources and training material, and have been approved by the Maritime and Coastguard Agency (MCA). Nigel Cleave, chief executive of Videotel™, explains: “The ever-increasing threat to maritime security is behind the decision to enhance our security training for ship security officers and the important issue of designated security duties. The courses meet legislative requirements but will also help seafarers feel more confident when dealing with a security threat.” Both courses meet the learning objectives set out by the International Maritime Organization (IMO) and also guidelines issued by the UK’s Merchant Navy Training Board. The courses, which are delivered using interactive e-learning computer-based training (CBT), cover: »» »» »» »» »»
The roles and responsibilities of the company and ship security officers. The responsibilities of seafarers with designated security duties. The ship security assessment and ship security plan. Reporting procedures. Defensive and protective measures, including searching people and searching the ship.
»» »» »»
Drills and training. Anti-piracy measures and practices. Emergency measures.
The Ship Security Officer training course requires the candidate to have a minimum of 12 months’ seagoing service before course completion, with an anticipated 15 guided learning hours (GLHs) to complete the course. The course includes a randomised multiple choice test for completion at the end of each module, followed by a final test. There are also assignments, where applicable, for seafarers wanting to gain advanced certification. The course complies with STCW Reg. VI/5 paragraph 1 and Sections A-VI/5 paragraphs 1 to 4. The Designated Security Duties training course consists of five modules with a randomised multiple choice test for completion at the end of each module, followed by a final test. There are also assignments which must be completed in order to gain an advanced certification. With an anticipated 10 GLHs required to complete the course, this complies with STCW regulation VI/6 paragraph 4 and Section A-VI/6 paragraphs 6 to 8.
MarketsandMarkets Report The report “Maritime Security Market by Technologies and Systems, by Services, by
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Categories, and by Region – Global Market Forecast & Analysis (2014-2019)” defines and segments the global maritime security market into various sub-segments with in-depth analysis and forecast of revenues. It also identifies drivers and restraints for this market, with insights into trends, opportunities, and challenges. The major forces driving this market are awareness of maritime security, maritime threats, regulations and standards, and international trade by sea. The significance of maritime security has increased, owing to globalisation. Also, the increase in maritime threat in some regions of the world has been noted as one of the major factors affecting international trade. Solution providers such as Kongsberg, Raytheon, Terma, Thales Group, Northrop Grumman Corporation, and many others, are expected to provide integrated solutions and offer better competitive services. The companies in this industry must take advantage of the growing awareness of maritime security in markets such as Middle East and Africa (MEA) as well as Asia Pacific (APAC). Surveillance and tracking systems and solutions, smart Container systems and scanning and screening systems have a high growth rate in the market.
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Research firm MarketsandMarkets.com segments the maritime security arena as follows. »»
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By technology and systems: screening and scanning, access control, detectors, geographic information system (GIS), surveillance and tracking, weather monitoring, smart Containers, supervisory control and data acquisition (SCADA), communication, and others. By type of services offered: training, risk assessment and investigation, maintenance and support, consulting, and others. By category: port and critical infrastructure security, vessel security, and coastal surveillance. By region: North America, Asia Pacific, Europe, Middle East and Africa, and Latin America.
The maritime security market is estimated to grow from $13.94 billion in 2014 to $20.87 billion in 2019. This increase represents a compound annual growth rate of 8.4% in the five years from 2014 to 2019. The vessel security segment continues to be the largest contributor for maritime security. In terms of regions, North America is expected to be the biggest market measured by revenue contribution in 2014, whereas, in due course,
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Asia Pacific is expected to experience increased market traction. ❚
Tundra approval Tundra Maritime Defense Services (MDS), the maritime division of Tundra Group, has announced that its integrated management system been approved by Lloyd’s Register Quality Assurance (LRQA) to environmental and safety management system standard ISO14001:2004 and to certification process OHSAS18001:2007. This validates Tundra’s commitment to the health and safety of its people in their workplace and the communities and environment in which it works. Lee Rimmer, managing director, said on making the announcement: “This is a great day for us and I am extremely pleased that yet again we have demonstrated that we lead from the front in our industry and will continue to go the extra mile in being the best at what we do. This is yet another critical step in our process of continuous improvement and this certification is a key milestone for our company, resulting in a system that has helped us to simplify, streamline and standardise the operational systems used by our staff, while achieving best practice in the management of our health, safety, and environmental impacts.”
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Tundra MDS’s integrated management system (IMS) is already certified to ISO9001:2008, ISO28000:2007 and ISO/PAS28007:2012. The integration of these two additional standards will further improve Tundra’s performance and demonstrates that it continues to implement best practices and procedures to achieve overall service excellence for its customers and to position itself as a leading force in the industry. “Everything we do at Tundra begins with a focus on protecting our customers and employees,” said compliance officer Mike Armstrong. “We now use a fully integrated management system, which allows us to effectively identify, control and reduce the risks associated with health and safety in the workplace and, in understanding the environmental impact of our business, take constructive action to reduce it. It is the culmination of two years’ hard work by all of the staff and we are extremely pleased with the outcome.” Recognized worldwide, ISO14001 confirms that an organisation is effectively managing and mitigating its effect on the environment. Tundra’s environmental management system (EMS) is a continuous cycle of planning, implementation, review and improvement of actions, carried out to achieve stated business and environmental goals. OHSAS18001 certification verifies that
Organisations an organisation effectively provides a safe and healthy workplace. Tundra Group recently announced the addition to its senior management team of Captain Ulrich Ganz, formerly senior company security officer of Bernhard Schulte Shipmanagement (BSM). Ganz is an exmaster and marine superintendent with over 30 years’ experience, which includes salvage, shipmanagement, maritime security, the International Safety Management Code (ISM), incident investigations, ransom negotiation and intervention in drug-related vessel detention. Ganz acted as BSM’s global maritime security coordinator, in charge of its anti-piracy and security group. He was responsible for setting security standards on 350-plus vessels and for the development and implementation of group security procedures and standards, including technical reviews of all vessels and shore-based security plans and disaster recovery plans. He was also responsible for the formulation of vetting standards and the vetting of private maritime security companies (PMSCs) to BSM Group standards. Ulrich’s first contact with Tundra MDS was almost two years ago, when he spent five days vetting them for consideration as a BSM supplier. At that time, he was very impressed by their security management system, levels of quality and the professionalism and expertise demonstrated by all of their staff, and he hatched the idea to join Tundra one day. Rimmer said: “We are extremely pleased that the person responsible for auditing and vetting PMSCs for what is the world’s second largest ship management company has decided to join Tundra MDS. That is a great testament to the quality of both our operations and of our personnel.” Ulrich’s remit will be to help Tundra MDS to maintain its position as an industry leader. He will also oversee the larger Tundra Group’s recent move into Nigeria, having coordinated BSM’s security there for the past two years. ❚
Drum Cussac transits sale Drum Cussac, the leading global business risk consultancy, and Ambrey Risk, the leading global maritime security risk management provider have agreed the sale and purchase of Drum Cussac’s maritime transits security division. Drum Cussac’s transits security division provides expert security consultants, to protect commercial shipping from seaborne piracy threats, predominantly in the Lloyd’s of London high-risk area (HRA) of the Indian Ocean. Drum Cussac has provided this service to a large number of clients since 2008.
Ambrey Risk, will integrate Drum Cussac’s maritime transits operations staff and equipment into its existing business. This acquisition reaffirms Ambrey’s intent to be the primary supplier of security to the shipping industry and, as part of a bold investment programme, will further enhance services to commercial shipping and the oil and gas sectors, the company says. Drum Cussac has taken the strategic decision to divest its transits security division as it focuses on risk mitigation and technology, which complements and enables its core intelligence, security risk and crisis management services business. It will retain its offshore projects division to support its oil and gas customers’ seismic and drilling campaigns. Drum Cussac’s transits security clients will not be adversely affected by the transaction, as relevant staff and operational equipment will be directly transferred from Drum Cussac to Ambrey in line with a detailed transition plan. Both companies are working closely to ensure that this transition is managed compliantly and safely, thus ensuring continuity of service for all clients. Drum Cussac and Ambrey Risk are both certified to international, globally recognised standards and are fully licensed by the UK government. Chris Charnley, chief executive of Ambrey Risk, said: “Drum Cussac has built an outstanding global risk management and security consultancy business and I am delighted that we have secured the acquisition of their very highly regarded maritime transits security division. Our decision to reinforce our success and increase our investment in the maritime security sector while many lose focus will, we believe, continue to be one of our critical differentiators in the sector.” Andrew Littlejohns, chief executive of Drum Cussac, said: “I am delighted to have agreed the sale of our transits business to Ambrey Risk, who operate to the high standards that our transits clients require and have a clear strategy to be the primary supplier of armed security to the shipping industry. The strategic focus of Drum Cussac has evolved over the past 12 months. Our clear priority is the delivery of intelligence-based, technologyenabled security and crisis risk management solutions. These capabilities allow our clients to better understand their global challenges and implement significantly more efficient and effective risk mitigation measures, enabling their businesses and people to operate globally to the safety standards that they expect. Our 15 years’ experience of supporting the world’s largest organisations means that we can now focus on advancing our market-leading technology capabilities to deliver our core services in a 21st-century context.” ❚
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Guardian’s new service Following months of preparation and substantial investment, Guardian Global Resources, a member of the Security Association for the Maritime Industry (SAMI), has recently announced a new Nigerian maritime security service offering. Guardian chief executive James KirsopTaylor said: “We are delighted to announce, after a considerable amount of time spent on the due diligence process, that we have now established our Nigerian business. This is in line with our growth plans for Sub-Saharan Africa and our desire to become a security partner of choice in West Africa. Nigeria was a significant piece in the puzzle and we are delighted to be moving forward at great pace there now.” Guardian was formed in 2007 as a bespoke risk management and crisis response company focusing on private client services and family offices. It quickly developed a wider range of services and established itself in the commercial market servicing multinationals. With the emerging threat of Somalia-based piracy and attacks on the offshore and ship-to-ship industry in the Gulf of Guinea, Guardian established its maritime division in May 2011, using the extensive experience of its founding members to provide security solutions to the shipping and offshore industry.
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Legal
Judgment
blow The Longchamp decision is unfavourable to cargo owners
A
recent judgment in the English High Court resulting from the hijacking of the Longchamp in the Gulf of Aden has been hailed as an unfavourable judgment for cargo owners and their insurers says international law firm Holman Fenwick Willan. In the case of the Longchamp, Stephen Hofmeyr QC, sitting as deputy High Court judge, ruled that additional classes of expense – beyond that typically allowed by current General Average adjusting practice – could be recovered by shipowners from cargo interests. This included wages paid to crew and bunkers consumed during the period of a Somali hijack. “Whilst the last hijacking by Somali pirates of a major commercial vessel was back in May 2012, a considerable number of General Average recovery actions remain unresolved, so the judgment gives the potential for shipowners and their insurers to make significant additional recoveries from cargo interests. The additional liability for cargo interests will be felt most acutely for hijackings in 2011 and 2012, which were typically for longer periods, and also for hijackings where the cargo made up a high proportion of the value of the property released, such as where crude oil was being carried,” Holman Fenwick Willan says in an online briefing.
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In the case of the Longchamp, which was hijacked in the Gulf of Aden on 29 January 2009 and released on 28 March 2009, the sums being challenged by cargo interests were modest (less than US$50,000). The costs of the decision for cargo interests in other cases could well exceed US$1 million, the law firm warns.
“ It was
legitimate to look at savings made by the shipowners in negotiating the ransom
“
24
“Up until now, the Association of Average Adjusters has rejected calls to allow claims for crew wages and bunkers consumed during the hijacking to be allowed in General Average. “Mr Hofmeyr QC took a different view. He felt that it was legitimate to look at the savings made by the shipowners in negotiating the ransom to a lower level, and accepted that the difference between the pirates’ first demand and the agreed
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ransom was a ‘saving’ against which costs incurred whilst negotiating that ransom could be claimed. In his view, ‘the reduction in the amount of the ransom was only achieved by a process of negotiation which necessarily involved a shipowner incurring expenditure’, and that this expenditure was ‘incurred in substitution for the saving of the ransom i.e. the initial demand and amount paid’. These ‘substituted expenses’ could be allowed in General Average under Rule F of the York-Antwerp Rules. “The judgment will be a disappointment for those cargo interests who have sought to delay or challenge their General Average contribution by alleging actionable fault or unseaworthiness on the part of the ship (arguments which have never succeeded in a Somali piracy context), rather than promptly settle their General Average contribution. On the basis of the Longchamp, those cargo interests are now likely to have to foot a larger bill. Leave to appeal has been granted.” ❚
Magic pipe case The chief engineer of the cargo vessel Selene Leader has pleaded guilty in federal court in Baltimore, Maryland, to obstruction of justice and violating the Act to Prevent Pollution from Ships (APPS), according to an announcement from acting assistant attorney general Sam Hirsch
Legal and US attorney Rod Rosenstein of the District of Maryland. Noly Torato Vidad was the chief engineer of the vessel, which was operated by Hachiuma Steamship, a Japanese company, between August 2013 and the end of January 2014. According to the plea agreement, in January 2014, engine room crewmembers of the Selene Leader, under the supervision of the defendant, transferred oily wastes between oil tanks onboard the ship using rubber hoses and then illegally bypassed pollution control equipment and discharged the oily wastes overboard into the ocean. Before such waste can be discharged into the sea, the law requires that it must first pass through an oily water separator, and the operation must be recorded in the vessel’s oil record book for inspection by the United States Coast Guard (USCG). When the USCG boarded the vessel in Baltimore on 31 January 2014, Vidad tried to obstruct the investigation and hide the illegal discharges of oil by falsifying the oil record book, destroying documents, lying to investigators and instructing subordinate crewmembers to lie, the US authorities said. Sentencing in this case is scheduled for 20 February 2015. This case was investigated by the USCG Investigative Service and is being prosecuted by assistant attorney P Michael Cunningham of the District of Maryland and senior trial attorney David P Kehoe of the Justice Department’s Environmental Crimes Section. ❚
Ukraine and Russian sanctions An overwhelming 80% of commodity traders, financiers and their insurers are worried by the increasing impact of sanctions on their business, according to a live poll conducted by Clyde & Co at its seminar “Russia and Ukraine: a new horizon?” earlier this year. The aspects of sanctions that cause businesses greatest pain are unpredictability, cited by 42% of those present; followed by impact on the bottom line, 35%; and speed of implementation, 23%. Commenting on the findings, Clyde & Co partner and sanctions specialist John Whittaker said: “Lack of predictability is a real issue for traders, who will have multiple trades at various stages of completion when sanctions bite. Goods will be crossing borders and stored in the warehouses of third parties sometimes of uncertain ownership. Rule changes are typically enacted with no notice and have instant effect, so they create significant contract and compliance uncertainty for everyone involved in the value chain.”
The majority (62%) of businesses attending the seminar complained that lack of clarity over how to comply with sanctions was causing them to lose out competitively, and over half (53%) agreed that sanctions were impeding their ability to conduct legitimate trade. “The sheer complexity of multi-sector, multiregime creates a level of fear that means companies put some trades into the ‘just too difficult’ category” said Whittaker. “Businesses need to become much more ‘sanctions-engaged’ if they are to avoid inadvertent breaches and sidestep the unintended consequences of sanctions on legitimate trade.” ❚
Dutch shipyard judgment
from Rijndec Trading and Rijndec Shipping, the vessels ought to be released. The Gelderland Court agreed, holding that the yard was guilty of abusing the right of retention because it had no prospect of being paid by the debtors. AKD partner Haco van der Houven van Oordt says: “It has until now been common practice that a yard is able to exercise a right of retention on a vessel on which it has performed work, until it has been paid. “Even if a ship goes to public auction, the yard commonly maintains the right of retention – similar to a lien – and the buyer has to pay the yard all amounts due before being able to take possession of the vessel. “Now, this surprising decision of the Gelderland Court will set alarm bells ringing for yards that do not have claims against the actual owners of vessels. Those yards, which have often relied on the right of retention, may be forced to reconsider their whole approach to such contractual structures. “Of course, this is currently only a single ruling from the lower court, but it is most definitely a step in the wrong direction for local shipyards at a time of continuing economic uncertainty.” ❚
Rotterdam-based law firm AKD says a recent decision of the Dutch courts means that shipyards in The Netherlands may no longer be able to rely on the right to retain a vessel while awaiting payment for work done. As a result of this unexpected decision, shipyards could be forced to completely rethink their strategy on obtaining security, at a time when money in the shipping industry remains tight. The dispute before the Gelderland Court involved two tankers under construction at the Markerink AKD partner Haco van der Houven van Oordt shipyard in the Netherlands. Upon completion of building, it was the intention of Rijndec Quality Control to transfer ownership of the vessels to two separate affiliated companies, Rijndec Trading and Rijndec Shipping. The contracts for the completion of the building were signed by Rijndec Trading and Rijndec Shipping, not by Rijndec Quality Control. The project was financed by ING Bank, which held mortgages on both vessels. After some time, it transpired that Rijndec Trading and Rijndec Shipping were no longer able to meet their financial obligations to Markerink, whereupon the yard exercised a right of retention on the vessels and sought judgment against Rijndec Trading and Rijndec Shipping for a total amount of approximately d1.85m. Soon after, ING Bank and Rijndec Quality Control found a buyer for the ships, and maintained that, since the yard was never going to be able to recover the amounts due
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Regulation
Polar
Code
There have been a number of positive developments at the International Maritime Organization, including the Polar Code. But there are concerns over migrants and the effect of rescue scalebacks in the Mediterranean
T
he International Maritime Organization (IMO) has adopted the International Code for Ships Operating in Polar Waters (Polar Code), and related amendments to the International Convention for the Safety of Life at Sea (SOLAS) to make it mandatory, marking an historic milestone in IMO’s work to protect ships and the people aboard them, both seafarers and passengers, in the harsh environment of the waters surrounding the two poles. The Polar Code and SOLAS amendments were adopted during the 94th session of IMO’s Maritime Safety Committee (MSC), which was meeting at IMO’s London headquarters for its 94th session, from 17 to 21 November 2014. The Polar Code covers the full range of design, construction, equipment, operational, training, search and rescue and environmental protection matters relevant to ships operating in waters surrounding the two poles. Ships trading in the polar regions already have to comply with all relevant international standards adopted by IMO, but the newly adopted SOLAS chapter XIV “Safety measures for ships operating in polar waters”, adds additional requirements by making mandatory the Polar Code (Preamble, Introduction and Part I-A (Safety measures)). The Polar Code highlights the potential hazards of operating in polar regions, including
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ice, remoteness and rapidly changing and severe weather conditions, and provides goals and functional requirements in relation to ship design, construction, equipment, operations, training, and search and rescue, relevant to ships operating in Arctic and Antarctic waters.
“ The code
highlights hazards of operating in polar regions, including ice, remoteness and rapidly changing severe weather conditions
“
26
As well as mandatory provisions, recommendations are also included in Part 1-B. The expected date of entry into force of the SOLAS amendments is 1 January 2017, under the tacit acceptance procedure. It will apply to new ships constructed after that date. Ships constructed before 1 January 2017 will be required to meet the
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relevant requirements of the Polar Code by the first intermediate or renewal survey, whichever occurs first, after 1 January 2018. Because it contains both safety and environment-related provisions, the Polar Code will be mandatory under both SOLAS and the International Convention for the Prevention of Pollution from Ships (MARPOL). In October 2014, IMO’s Marine Environment Protection Committee (MEPC) approved the necessary draft amendments to make the environmental provisions in the Polar Code mandatory under MARPOL. The MEPC is expected to adopt the Code and associated MARPOL amendments at its next session in May 2015, with an entry-into-force date to be aligned with the SOLAS amendments. ❚
Concerns over migrant rescue Seafarers’ Rights International (SRI) has raised concerns about the implications for masters of the launch of Operation Triton, run by EU border agency Frontex, which is to replace the Italian search and rescue operation ‘Mare Nostrum’. The latter has been running off the Libyan coast for a year and has been credited with saving more than 150,000 migrants in the Mediterranean. Operation Triton will apparently have a reduced budget and focus on border control.
Regulation Deirdre Fitzpatrick, executive director of SRI, said: “The commendable practice of merchant ships of the world rendering assistance to persons in distress at sea was enshrined in the Safety of Life at Sea (SOLAS) Convention 1914, which was enacted in direct response to the Titanic disaster. Since that time, the SOLAS Convention in its successive forms has obligated masters to provide assistance to distressed persons, irrespective of their nationality or status or the circumstances in which they are found. The obligation is enshrined in the United Nations Convention on the Law of the Sea 1982, as well the International Convention On Salvage 1989.” “This is a serious obligation on masters and, under many national laws, the master who fails to render assistance to any person in danger of being lost at sea could face prosecution and, on conviction, a jail sentence. However, a master must be equally cognisant of his duty to protect the lives of his own crew and passengers and not to expose them to risks, including Ebola infection, that may arise when he rescues people at sea.” In his opening address to the Maritime Safety Committee on 17 November 2014, the secretarygeneral of the IMO said the figures he had seen suggested that, so far this year, more than 600 merchant ships diverted from their routes to rescue persons at sea. These deviations are detrimental to shipping and are not offset by any realistic prospects of salvage awards. The obligation of masters to render assistance to persons in danger of being lost at sea can be
seen alongside the obligation of governments to ensure that assistance be provided to any person in distress at sea. Under the 1979 International Convention on Maritime Search and Rescue, governments must “ensure that necessary arrangements are made for the provision of adequate search and rescue services for persons in distress at sea round their coast.” Any reduction in search and rescue by governments may increase the number of incidents to which merchant ships have to respond, with consequent burdens and legal responsibilities on masters and crews. Brian Orrell OBE, chairman of the advisory board of SRI, said: “The obligation of masters to assist persons in distress at sea is steeped in maritime tradition and legal history. It is therefore of concern if budgets for search and rescue in the Mediterranean are being reduced.
This may increase the number of search and rescue missions that masters have to undertake, as well as their risks of criminal prosecution for any perceived failure to attend to persons endangered at sea.” “The rescue of all persons in distress at sea – including illegal migrants – is an obligation under international maritime law, as well as being a long established humanitarian duty,” says the International Chamber of Shipping (ICS). ICS is the global trade association for commercial ship operators, whose ships are currently involved on a daily basis in the rescue of refugees at sea in the Mediterranean. “Whatever may be decided by policymakers in EU member states, the legal and humanitarian obligation of merchant ships to provide assistance to anyone in distress at sea will remain unchanged,” says ICS. ❚
Ballast water Governments attending the International Maritime Organization’s Marine Environment Protection Committee (MEPC) in October have made real progress towards agreeing solutions to major issues that have previously impeded ratification of the IMO Ballast Water Management Convention, according to the International Chamber of Shipping (ICS), the global trade association for shipoperators. ICS secretary-general Peter Hinchliffe said: “We are very pleased that IMO member states have fully acknowledged the shipping industry’s concerns by agreeing to start work immediately on a revision of the G8 type-approval guidelines to make the process for approving ballast water treatment equipment more robust. It has also been agreed, in principle, that any shipowner that has invested in first-generation treatment equipment, type-approved under the current G8 guidelines, should not be penalised, provided the equipment is operated and maintained correctly. The adoption by IMO of new Port State Control guidelines reflecting a fair and pragmatic approach to inspection is an important additional step.” Hinchliffe added: “While some of the details still need to be finalised next year, an MEPC Resolution adopted at this meeting should do much to build confidence in the convention among both shipowners and IMO member states.” ❚
Winter 2014
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Kidnap and ransom
RANSOM
UK home secretary Theresa May
CONCERNS New counterterrorism and security bill introduced
of its delivery and ensure the participation of all the appropriate organisations. “We will also place a statutory duty on named organisations – such as schools, colleges, universities, the police, prisons, probation providers and local government – to help prevent people from being drawn into terrorism. So, for example, universities will have to put in place extremist speaker policies and prisons will have to show they are dealing with extremist prisoners in an appropriate way,” May said.
“ TPIMs give the
police and security services strong legal powers to disrupt and restrict
“
P
lans by the UK home secretary Theresa May to introduce a new counter-terrorism and security bill, which is expected to be fast-tracked into law, have raised concern in the shipping industry. It fears that the plans may rule out any attempt to pay ransoms to release seafarer hostages held in Somalia or elsewhere. The understanding is that the bill will be enacted into law ahead of the general election in May next year. In a speech, May said the legislation would seek to build on existing counter-terrorism strategy, in common with all the work the government has done since May 2010. She believed: “The new powers will help us to prevent radicalisation, strengthen the terrorism prevention and investigation measures (TPIMs) regime, give us greater powers to disrupt and control the movements of people who go abroad to fight, improve our border security, make sure British companies are not inadvertently funding ransom payments, close down at least part of the communications data capability gap, and establish a new independent privacy and civil liberties board.” The plan is to legislate to put Channel – the existing multi-agency programme to identify and provide support to people at risk of radicalisation – on a statutory basis to improve the consistency
“The organisations subject to the duty will have to take into account guidance issued by the home secretary. Where organisations consistently fail,
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ministers will be able to issue directions to them, which will be enforceable by court order. “The bill will also strengthen the TPIM regime. TPIMs give the police and security services strong legal powers to disrupt and restrict the movements of terror suspects and their contact with named associates when we cannot disclose sensitive intelligence material in an open court or if they are a foreign national we are unable to deport. “They enable the authorities to limit a subject’s access to telephones and the internet, prevent them meeting certain associates, compel them to stay at a named address for a set number of hours every day, and bar them from entering certain premises or neighbourhoods. The overall package – which, in addition to these legal powers, gave the police and security service tens of millions of pounds for increased surveillance and investigation – remains sound. “But in response to the increased threat we face and in response to the police and security services telling us this is what they need, we will legislate to allow TPIM subjects to be relocated to different parts of the country. At the same time, we will accept the recommendation made by David Anderson, the independent reviewer of terrorism legislation, that the burden of proof for TPIMs should be raised from ‘reasonable belief’ to the ‘balance of probabilities’. This is in line with the civil standard of proof, and our analysis
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Kidnap and ransom shows that every single TPIM issued so far would have passed this threshold.” May believed that the bill would give the authorities greater powers to disrupt and control the movements of people who want to travel abroad to fight. “The police, and designated Border Force officers acting on the directions of the police, will have the power to seize somebody’s travel documents, including tickets, as well as passports, at the border for up to 30 days if they have reasonable suspicion that a person plans to leave the UK for the purpose of engaging in terrorism-related activities. This power will apply to British and foreign passports and to British citizens and foreign nationals. And it will give the authorities time to investigate the suspect and assess whether they need to take further action. “In addition to these new powers to stop people leaving the country, the bill will create a statutory temporary exclusion order to control the return to the UK of a British citizen suspected of involvement in terrorism-related activity abroad. These orders will be enforced through cancellation of travel documents and inclusion of the individual’s details on watch lists, including the ‘no-fly’ list. So the message to British nationals participating in terrorism overseas is clear: you will only be allowed to come home on our terms. “We are also taking the opportunity to toughen our arrangements for aviation security. This means requiring airlines to provide passenger data more effectively, changing the law to extend
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our ‘no-fly’ list, and strengthening our ability to impose security and screening requirements on travel to the UK. If airlines do not give us passenger information or comply with our security screening rules, we will ensure they cannot fly to the United Kingdom.” The key part of the speech so far as the maritime industry is concerned is May’s comment that “to put an end to uncertainty about insurance and reinsurance payments for kidnap and ransom, and to help prevent an important element of terrorist financing, the bill will amend existing law to make sure UK-based insurance firms do not provide cover for the payment of terrorist ransoms. To put this important issue into context, along with oil sales, taxation and extortion, the UN estimates that ransom payments raised up to £28 million for Isil in the past 12 months alone. A new offence will apply to ransom payments once the bill is introduced”. Commenting on the announcement, law firm Holman Fenwick Willan (HFW), which has been involved in a large number of hostage negotiations, said: “The focus of the bill is on “terrorism” and the laudable aims of preventing radicalisation and disrupting groups such as the Islamic State. It includes provisions banning British citizens identified as terror suspects from entering the UK and powers to identify suspects via the usage of electronic devices. “Of key relevance to the London insurance industry are other provisions which are aimed at preventing insurers from covering or reimbursing ransoms paid to terrorists
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by assureds. The government argues these payments encourage kidnapping as a means of financing terrorist operations. The bill is said to be a clarification of the existing law, and will make it an explicit offence for an insurer to reimburse an assured who has paid a ‘ransom’. Theresa May explains that the provisions are necessary in order to remove any ‘uncertainty’ as to whether such a reimbursement is illegal and to prevent UK-based companies making ‘inadvertent’ payments to terrorists.” The law firm quoted May as saying: “Our position is clear – ransom payments to terrorists are illegal under UK and international law. Agreeing to meet the demands of barbaric groups like Isil [also known as Islamic State and IS] would only put many more lives at risk. These measures will ensure the UK remains at the forefront of global efforts to put an end to the practice.” HSW writes. “Theresa May refers to evidence from the United Nations of ransom payments to terrorists totalling £28 million in the past 12 months, although she does not repeat PM David Cameron’s previous comments where he implied such payments were being paid by NATO governments, rather than individuals or private industry. “The announcement of the provisions affecting insurers looks odd given that, in our experience, leading UK kidnap and ransom insurers have robust compliance protocols in place to ensure full compliance with English (and US) law and are well aware of their obligations under the existing regime, including the parameters of the Terrorism Act 2000,” HFW said in a briefing note. “It is also not clear that any payments of ransom to the Islamic State is driving further hostage taking, indeed the recent terrible footage from the Islamic State indicates that they have motives other than ransom, particularly when UK and US citizens are involved. “On the face of it, the announcement does suggest that the nature, effect and impact of kidnap and ransom insurance has been misunderstood by the authors of the draft bill. Worryingly, the proposed provisions could put at risk the ability of families of hostage victims to obtain professional support to deal with a kidnapping. Also, any new proposals, particularly the proposed amendment to the definition of ‘terrorism’, could jeopardise the lawful payment of ransom where the Islamic State and other terrorists are not involved. Ransom payments in these circumstances, to paraphrase the English High Court in Masefield v Amlin, are seen by the court as perfectly legitimate and the only way to remove a victim from harm’s way. “Insurers will need to monitor closely the progress of the bill”. ❚
Insurance
Tank trouble Contamination of tanks is a current concern for the insurance industry
such accidents is low. Damage to or failure of valves, seals and gaskets is much more common in occurrence,” he reported. »»
“ Contamination can result from any number of factors. However, the incompatibility of the tank itself with the cargo concerned is the most common cause
“
S
peaking at the Asia Tank Container Association’s general meeting in Shanghai recently, Phillip Emmanuel, TT Club’s regional director, Asia-Pacific, outlined the major risk exposures facing the tank container industry. Based on an extensive analysis of the club’s claims experience resulting from incidents involving tank containers, Emmanuel pinpointed contamination as the leading danger, accounting for over 46% of the volume of incidents on TT’s books in the past nine years. Revealing the more detailed dangers to the conference delegates, Emmanuel explained: “Contamination can result from any number of factors. However, the incompatibility of the tank itself with the cargo concerned is the most common cause. This is often the result of insufficient cleaning, particularly of the discharge valves and baffle plates, following the carriage of the previous cargo. Corroded or worn man lid seals, and issues occurring either at the origin land tank or during the loading procedure are also common contributory factors.” Emmanuel provided valuable insight into the nature of these incidents and the best forms of damage limitation and risk avoidance. “In terms of impact damage, most tanks are built to highly robust standards and the incidence of leaks from
Emmanuel went on to define the chief safety precautions recommended to avoid such risks. »»
Comprehensively interrogate and validate the material safety data sheet to ensure the tank
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»»
»»
and its components can fulfil all special requirements demanded by the cargo and the shipper. Perform regular outer shell and insulation inspections. Fit man lid gaskets and seals correctly and ensure the appropriate tightening of swing bolts on man lids. Assess the most appropriate selection of gaskets and seals for each cargo. Particularly invasive cargoes can simply destroy any exposed area of the gasket and/or seal.
“When there is a failure in any of the above control factors, something as simple as a change in ambient temperature through the supply chain can result in a sufficient build in pressure to cause a leak,” emphasised Emmanuel. Looking to the future, Emmanuel concluded by outlining the priorities that TT Club considers noteworthy in bringing down both the cost and danger of tank container operation. There needs to be wider industry analysis of incidents, accompanied by knowledge sharing, so that lessons can be widely learned. There should be a continuous review and identification of risks, together with greater transparency within the supply chain as its complexity increases and the nature of its environment evolves. Lastly, there must be a greater emphasis on training. ❚
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Insurance Fraud warning Professional indemnity insurer ITIC has warned of continued attempts by fraudsters to target payments between shipping companies. Speaking at the 45th annual meeting of the Federation of National Associations of Shipbrokers & Agents (FONASBA) in Gothenburg, ITIC claims director Andrew Jamieson explained that recent cases had been variations on earlier frauds. In April this year, ITIC had warned its members about a scam resulting in pre-funded port costs being diverted to a fake bank account. In each case, the owners received an e-mail advising them that the port agent’s bank account was inoperable because of an annual audit. If the owners complied with the instructions, which came from an e-mail address very similar to the agent’s, the funds were stolen. “In recent cases,” Jamieson said, “the fraudsters have changed their story. A shipmanager received a message asking if money could be sent directly to the agent’s foreign exchange broker, who ‘could secure banknotes which were in short supply in that part of the world’. Unfortunately, the shipmanager queried the instruction by simply hitting ‘Reply’, asking, ‘As we don’t know the broker, would it be possible to remit to your bank account as usual?’ If the shipmanager had checked their records first and seen that the e-mail address did not correspond to the details held for that principal, the attempted fraud would have been uncovered.”
Checking new ships North P&I Club has also warned its members to check new ships very carefully before accepting delivery. In Signals, the club says it has become aware of several instances of poor construction in newbuildings that are potentially dangerous. Baker says: “We have been made aware of instances recently where newly constructed bulk carriers and general cargo ships have been delivered from the shipbuilder with partly completed or poorly constructed ladders in the cargo holds, for example.” The club reports that ships are being delivered with cargo hold access ladders, platforms and their cages constructed and secured to the bulkheads only by tack welds, rather than being fully welded. “When subject to a load or any other applied stress, such as vessel movement, the tack welds have failed and resulted in an unsafe access to
In another case, a Norwegian shipbroker foiled an attempt to steal a monthly hire payment by questioning a request to forward revised payment details. He telephoned his contact in the owner’s accounts department, who confirmed that the request was spurious. Jamieson concluded his warning by saying: “We appreciate the large number of payments processed by our members, but changes to account details should always be treated with suspicion. Very few such changes are legitimate. ITIC’s advice is always to take separate steps to verify instructions to alter the destination payment.” ❚
Ebola warning North P&I Club is advising shipowner members to take great care to protect the health of their crewmembers when calling at Ebola-affected ports in West Africa. In the latest issue of its loss prevention newsletter, Signals, it also recommends that shipowners incorporate Ebolaspecific clauses in their charterparties. According to head of loss prevention, Tony Baker: “Members trading or being requested to trade to an Ebola-affected area must consider both the health and commercial risks very carefully. There are some simple measures which may be taken to help keep crewmembers safe, as well as steps members can take to help protect themselves from the potential commercial consequences of the outbreak.” North recommends a series of control measures that shipowners calling at affected ports may
implement, including preventing shore leave and unauthorised access to the vessel, cancelling crew changeovers, banning the purchase of fresh food (particularly meat) and ensuring crewmembers are scrupulous with hygiene and food preparation. “A master whose vessel has visited an Ebola area and who suspects a crewmember may be infected should seek urgent medical advice,”says Baker. “Where it is not possible to disembark crewmembers exhibiting Ebola symptoms, it is recommended they are restricted to their cabin and have minimal contact with the rest of the crew for at least 21 days. Strict quarantine procedures will need to be put in place onboard and masters should follow expert medical advice in such circumstances.” North also recommends that shipowners entering into a new charterparty that will require their ship to call at Ebola-affected ports should incorporate Ebola-specific clauses that apportion risk between the charterer and owner. Without such clauses, the club says shipowners risk being sued by charterers for refusing to visit what they consider to be an unsafe port or for delays incurred when a crewmember falls ill with suspected Ebola. “The situation is less clear under existing charterparties, and shipowners need to consider their position carefully,” says Baker. “If the decision is taken to trade to an affected area, members should develop a plan that takes into account World Health Organisation and industry advice and includes guidelines for the vessel to minimise the risk of infection and to deal with potentially infected crewmembers.” ❚
and from the cargo hold. This introduces a very high risk of injury to crewmembers, stevedores and any third parties entering the cargo hold.” In addition to accidents, North warns that defects can also result in costly delays and port state control problems. While the cost of repairs for defects that fall within a newbuilding’s warranty period will often be recoverable from the shipbuilder, the club says any costs incurred through consequential losses, as a result of such a defect, are unlikely to be recoverable. “Shipowners and their superintendents taking delivery of newbuildings in the current market need to be extra vigilant to ensure that all parts of the ship – including hold access ladders – are defect-free,” says Baker. “The first few months when a vessel enters service are some of the busiest, during which time hidden or previously unnoticed build defects will soon become apparent, potentially resulting in serious accidents and delays.” ❚
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Seafarers
Ebola
advice New video available for mariners
K
VH Industries is offering Videotel’s new video about Ebola safety free to all mariners worldwide in an effort to increase awareness of the vitally important prevention measures that can keep seafarers safe. Ebola, a severe and often fatal illness for which there is no vaccine or cure, has been ravaging parts of West Africa since March in the largest outbreak ever known. The World Health Organization has declared the current outbreak a public health emergency, and it is critically important that anyone working in the global maritime industry understands the steps they can take to prevent the further spread of the disease. KVH has created a website from which mariners can download the free video and an accompanying workbook. In addition, KVH has delivered the entire video programme to its IPMobileCast customers on vessels across the globe, who will automatically receive the video for immediate viewing onboard. “This is a perfect example of why it is sometimes necessary to send out urgent training updates without delay and not wait for the annual update process,” says Nigel Cleave, Videotel chief executive. “The Ebola epidemic is a crisis of worldwide proportions and one where commercial ships and seafarers are at risk given the global nature of their jobs,” says Martin Kits van Heyningen,
Maritime Security International
KVH chief executive. “Distributing the free video by digital means enables us to get the information to all mariners quickly, especially seafarers who may be in or near a port in the affected region, where it is unsafe to go ashore.”
“ Distributing the
free video by digital means enables us to get the information to all mariners quickly
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Ebola – Staying Safe is a 15-minute training programme produced by maritime e-learning leader Videotel, a KVH company, in association with Steamship Mutual P&I Club and a panel of medical and subject matter experts. The video, which includes footage from West Africa and was produced in eight weeks running up to its release on 12 November to ensure up-todate information, explains what Ebola is, what
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its symptoms are and how the virus spreads. It outlines the ways in which crewmembers can protect themselves, and also what steps masters, shipowners, and shipmanagers can take to keep crew members safe from harm. “The Ebola training film covers matters of life and death, much like many of our other programmes in our 900-course training library,” says Cleave. “It has to be accurate, engaging, and well designed so that mariners of all cultures and backgrounds understand it. Our shipowner and shipmanager clients are facing Ebola-related decisions every day as their ships approach and leave affected ports, and at Videotel our first instinct is to support them.” KVH’s initiative to distribute the video to seafarers around the globe is company-wide: Videotel is providing the video free as part of the regular updates for its training programme subscribers on more than 11,000 vessels; KVH Media Group, a leading provider of commercially licensed news, music, TV and movie entertainment content for the maritime industry, is directing its customers to the download site; and Crewtoo, KVH’s online seafarer network, is informing its 100,000-plus seafarer members via social media. KVH is being aided in its video distribution efforts by seafarer agencies, including the International Seafarers’ Welfare and Assistance
Seafarers Network (ISWAN), which is promoting the video to some 450 seafarer centres around the world. KVH provides maritime broadband connectivity to vessels worldwide through its TracPhone V-IP series satellite communications antenna systems and mini-VSAT broadband service. Earlier this year, KVH launched the IP-MobileCast content delivery service, which utilises multicasting technology to affordably deliver news, entertainment, and operations content to vessels at sea. ❚
Night order books The London P&I Club says its ship inspection department has recently observed a number of negative findings in connection with masters’ night order books. In the latest issue of its StopLoss Bulletin, the club notes: “The value of masters’ night orders should not be under-estimated in the quest for the efficient and safe performance of a ship, particularly during port calls. Invariably, deep-sea masters function as ‘day-workers’ and, with an early morning ETA at the pilot station, there is a great deal for ships’ officers and crew to prepare after a long voyage. Efficient planning in advance can help an operation to be carried out in a controlled and safe manner with the minimum of stress for all parties. The master’s night orders are traditionally a set of bespoke instructions for overnight bridge officers to digest and act upon to ensure that, by the time a ship reaches the pilot station, all required crew are at their stations and all physical preparations are made, and the ship is in all respects ready to enter port. The club says: “When writing night orders, there are a number of points which could be included in the instructions to be considered by the master. These include calling the master with sufficient time available to appraise the full navigational situation and to develop proper night vision before reaching the pilot station or taking the con, and calling the pilot station to confirm ETA and berthing prospects. Masters’ night orders should also seek to ensure that day crew are called at a reasonable time so that items such as anchors are cleared, pilot boarding arrangements are safely in place, and flags/call signs are ready to be run up. “Consideration should also be given to calling the duty engineer to ensure that engines are on standby suitably in advance of being required for manoeuvring. It is also important to endeavour to ensure that bridge manning is increased as required, that mooring ropes are prepared, and that bridge arrival checklists are completed, and required systems checked.” ❚
Seafarers centre Seafarers arriving at Associated British Ports’ (ABP) Port of King’s Lynn in East Anglia now have a place to call their own with the launch of a seafarers’ centre at the port on 17 November. Initiated by seafarers’ charity Apostleship of the Sea (AoS) and largely funded by the Merchant Navy Welfare Board (MNWB), the facility offers visiting crew a dedicated space to relax and communicate with their families back home. Sister Marian Davey, AoS port chaplain at King’s Lynn said; “It is the first time in the port’s recent history that a space has been set aside specifically for seafarers to use. “This is a big first. Up till now, crew had to go into town to buy top-up cards to be able to contact home. Now they have free use of Wi-Fi and internet at the centre, because AoS is paying for that cost.” The centre was formally opened by Bishop Alan Hopes, Bishop of East Anglia, and Bob Jones, chairman of the MNWB. It will be a place where seafarers can chat with the port chaplain and volunteers as well as access the internet to communicate with friends and families after months at sea. With ships usually docking for no more than 24 hours, crews are often unable to leave the port. This facility will provide much-needed respite and act as a base for AoS teams to support crewmembers in any way required, such as: »» »» »»
Providing seafarers with the opportunity to contact friends and family; Looking after seafarers who are abandoned in port, those who are sick or injured, and; Helping seafarers attend church services or praying with a crew following a fatality, if requested by the seafarers themselves.
Alastair McFarlane, port manager, East Anglia, at ABP, said; “We owe a great deal of gratitude to the brave men and women who operate the vessels that keep this nation supplied. So we are really proud to be part of delivering this vital service to crew visiting the port of King’s Lynn. Seafarers spend a lot of time onboard their ships and with this service we can offer them a home away from home.” Sister Marian added that she was grateful to ABP for offering AoS a prime site at a very good location in the port for the seafarers’ centre. “The location is excellent and works well for seafarers coming off ships. Everyone at ABP, from management and staff to the shipping agents, has been encouraging and supportive, and measures are in place to ensure that seafarers coming ashore have all the information they need about the AoS centre,” she said. ❚ The centre was formally opened by Bishop Alan Hopes, Bishop of East Anglia and Bob Jones, chairman of the MNWB
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Anti-pirate water cannons With more than 350 vessels of all types already installed, Scanjet offers high capacity anti-pirate water cannons for boarding denial. The self-operating, multi nozzle machines are driven by the water flow with cold or hot sea water from existing pumps onboard. The anti-pirate water cannons consists of three main parts; a water cannon gun unit, a turbine powered drive unit and a mounting rail bracket.
Key features • Visible from long distance • No need for manual operation • Easy mounting without hot work • Individually adjusted machine length and horizontal position • Removable after use • High strike frequency thanks to continous rotation of four nozzles • Adjustable rotating speed • 180° optimised down operation
Scanjet SC 360APR. The perfect combination with razor wire thanks to individually adjustable machine length and horizontal position
Phone: +46 31 338 7530 E-mail: sales@scanjet.se Web: www.scanjet.se
Deterrents
Combating
risk Maritime companies have been rolling out new products in the hopes of mitigating risk in the industry
automatically checks against global sanctions lists to screen vessels for compliance. These checks quickly reveal a ship and its associates’ current and past exposure to risk, enabling financial institutions to make prompt and informed investment decisions, saving both time and money and avoiding likely criminal, commercial and reputational damage as a result of sanctions non-compliance.
“ PurpleTRAC provides this certainty while simplifying and streamlining compliance procedures
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ith 90% of all world trade by volume and 70% by value transported by sea, the maritime sector is the backbone of international trade and a critical global industry. Yet the increase in international regulations and sanction policy, the emergence of new conflict zones and the rise of piracy and terrorism around the world means that financial organisations are increasingly exposed in this sector. Trade finance drives an estimated $14 trillion in annual global commerce, and the exposures of global banks in relation to shipping and related cargoes is high on many agendas. The consequences of sanctions breaches are serious, with many of the world’s largest banks having already been fined, and one of the world’s largest banks receiving an $8.9 billion fine this year. Pole Star, a global leader in maritime tracking, monitoring and security software, has developed a new service, PurpleTRAC, to address the challenges financial institutions face. PurpleTRAC enables banks, commodity trading companies, marine financers and insurers to manage their exposure and mitigate the possibility of involvement with a vessel at risk of sanctions for non-compliance, money laundering or terrorist financing. PurpleTRAC is an advanced risk management and sanctions compliance technology, which
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By screening, tracking compliance during the voyage and reporting on the voyage, PurpleTRAC also provides an auditable and verifiable statement of an organisation’s risk management and sanctions compliance activity. PurpleTRAC data reveals that, of more than 2,300 ships screened for compliance in the third quarter of 2014, some 60% returned warning alerts warranting closer investigation, while 21 ships and associated companies were found to be either on a sanctions list or based in a comprehensively sanctioned country. Of all ships tracked via PurpleTRAC during the quarter, 21% made incursions into sanctions zones. Following trials of PurpleTRAC, several major global financial clients are already rolling out this technology to streamline their risk management and sanctions compliance activity. Andrew Peters, Pole Star chief executive, comments: “The insight into a vessel’s exposure to risk that PurpleTRAC provides is crucial since sanctions and international regulatory policy grows by the day. No other industry has been impacted more than shipping. Financial organisations need to know and prove with whom and where they are trading. PurpleTRAC provides this certainty while simplifying and streamlining compliance procedures.” ❚
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Corporate viewpoint POLICY & FORUMS
In a safe pair of hands
S
Highly trained ex-marine corps guards and full compliance with international maritime regulations make your safe voyage our safe business
inoguards Marine Security Limited, well known for its experience in the Asia region, has announced its intention to develop European and Middle East markets. Sinoguards embarks armed security at all Indian Ocean ports as well as West African ports and has established permanent bases in several ports, including Galle and Suez, to be able to react to any emergency situation. The company’s multinational teams allow it to provide the best possible service for vessels under many different flags. Customers include COSCO WALLEM, China Shipping, COSCO and many others. Already, Sinoguards has gained a reputation for being a reliable partner that provides a high standard of service. “We have entrusted the safety of our fleet and our crew to Sinoguards Marine Security, and they have proved that it was the right choice. We do not worry about the safety of our valuables.” Mr Liu, CSO, COSCO WALLEM. Sinoguards cares about its personnel and applies a rigorous recruitment and selection process, with very high requirements. As a minimum, a guard must be a former naval mariner, have participated in international military
Sinoguards Marine Security Limited Shanghai Office: Room 231, Building 5, Zhongtian Park, 787 Kangqiao Road, Pudong, Shanghai Tel: +86 (0) 21 51028510 Tel: +852 (0) 8197 7300 Fax: +852 (0) 3015 6855 Website: www.sinoguards.com
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conflict or be a member of a peace support mission. Naval officers are always preferable. All guards must attend Sinoguards’ training course, established by Mr Wang, a retired colonel in the Republic of China Navy, focusing on marine security in high-risk areas (HRAs). All teams undergo constant training and vetting. They are able to give professional training and advice to the crew to help them comply with Best Management Practices for Protection against Somalia
Sinoguards assesses marine risks and designs tailor-made schemes for ships to transit high-risk areas Based Piracy (BMP4) guidelines and to improve their anti-piracy skills. “It is always better to execute orders when you feel that you always can rely on your colleagues, It is good to serve in such a highly professional team, as you trust them your own life and the lives of people who rely on you.” Anatolii Sudenok, retired battalion com-
mander, Lt. Colonel, team leader at Sinoguards Marine Security. Sinoguards aspires to meet the highest requirements. All operations are provided in strict compliance with the International Maritime Organization’s International Ship and Port Facility Security (ISPS) Code and any subsequent amendments. It is also a member of the Security Association for the Maritime Industry (SAMI) and the founding member of the International Code of Conduct for Private Security Providers’ Association (ICoCA). As well as being a leading organisation in Asia, Sinoguards meets all requirements of the Baltic and International Maritime Council’s GUARDCON standard contract for the employment of security guards on vessels and is insured by Lloyd’s. Contractual performance is also in line with international marine and/or shipping practices, guided by English law. We always try to raise our level of service. First and foremost, we care about our clients and their safety and we will do everything possible to make them feel safe and protected. “Your safe voyage is our safe business.” Mr Mario Zhou, founder, owner and executive manager, Sinoguards Marine Security Limited.
Deterrents WatchStander upgrade WatchStander, a provider of anti-piracy technology for the shipping industry, has tripled the effective operating range of its fully automated anti-piracy system. The company upgraded its system to detect vessels and potential piracy threats from up to six nautical miles, tripling its previous capability. It has also enabled the technology to automatically respond with advanced, non-lethal countermeasures against inbound pirate boats as early as five nautical miles, significantly increasing the safety of the vessel and crew under attack. The new system has been successfully tested and operated, using the new capabilities during a recent voyage on a fully loaded commercial liquified natural gas (LNG) ship transiting through the high-risk area (HRA) of the Northern Indian Ocean and Gulf of Aden. The development comes at a time when piracy and attempted robbery against ships have risen in Western Africa and Asia. The ReCAAP Information Sharing Centre has reported 129 incidents against ships in the period January to the end of September 2014 in Asia, compared with 99 in the same time period during 2013. WatchStander’s US patent pending system robotically tracks, identifies and non-lethally engages pirate vessels that threaten oceangoing ships worldwide. The technology “thinks” like a team of human guards, as it ignores benign traffic while searching for threats and engaging them with non-lethal countermeasures
in a 360-degree circle around the ship. By automatically identifying and engaging threats – without human involvement, day or night, whether the protected ship is steaming, anchored or moored – WatchStander gains valuable minutes for the ship’s officers to respond to a threat. WatchStander’s new artificial intelligence software lies at the heart of the company’s anti-piracy system. It was developed via the company’s exclusive long-term partnership with Pennsylvania State University’s Applied Research Laboratory (ARL), one of the US Navy’s primary university-affiliated research centres. Integral to WatchStander’s intelligent controller is the company’s software, which evaluates the behaviour of vessels located within six nautical miles of a WatchStander-protected ship. Commenting on the development, Jeffrey Hilsgen, WatchStander president and chief executive, said: “WatchStander constantly strives to enhance the security of commercial shipping personnel, ships and cargo. We have therefore substantially improved the effective operating range of our system while holding our pricing constant. This significant technological development has improved maritime security, while offering an even stronger value proposition for our customers. As piracy increases, and the dynamics and methods of attack continue to change, so too must the mitigation tactics. We believe that technology and innovation will play an increasingly important role in countering piracy and keeping the commercial fleet safe.” ❚
Guardian development
New Nigerian satellite surveillance The Nigerian Maritime Administration and Safety Agency (NIMASA) has assured stakeholders in the maritime sector of safety on Nigeria’s waterways with the launch of its 24-hour Satellite Surveillance Centre in Lagos, which will help curb piracy. Addressing a press conference earlier in the year, NIMASA director-general Ziakede Patrick Akpobolokemi said the satellite system, launched in June, would provide a safety net for corporate bodies and individuals who transact businesses within Nigerian waters. The directorgeneral, who was represented by Captain Ezekiel Bala Agaba, executive director, maritime safety and shipping development, said the surveillance system had already recorded a success story as the facility was deployed to the rescue of a Ghanaian-flagged vessel, which was hijacked by pirates off the coast of Ghana. According to him, NIMASA surveillance is now three-pronged, with the satellite system added to existing aerial and aquatic powers. “With the NIMASA Satellite Surveillance Centre, it is easy to respond to any distress call on Nigerian waters and even beyond. The new 24-hour surveillance equipment has the capability to detect boats, ships and objects of predefined cross-section floating on water. It includes any aircraft that ditches and remains on the surface during satellite over-flight. Its abilities further include setting range rings and restricted areas – when penetrated by an intruder, the system gives an alarm, alerting the operator or watch keeper.”
Greenwater piracy barrier
Following on from the continued worldwide success of its GUARDIAN anti-piracy barrier, Guardian Maritime has announced the launch of GUARDIAN Greenwater. GUARDIAN Greenwater has been developed, following customer demand, to deal with the issue of ‘green water’ or water that is not broken up into spray as it comes over the deck, in turbulent weather conditions. David Stevens, sales director at Guardian Maritime, says “Following several months of development and trials, we have designed a modification to the reverse of the unit which alleviates the issue of green water by providing a drainage mechanism. This means that the benefits to using GUARDIAN are twofold – it not only prevents unwanted boarding but aids with the issue of green water, which causes untold damage and expense. GUARDIAN remains the only 100% undefeated solution against piracy.” GUARDIAN is currently protecting over 200 vessels, including tankers, container ships, oil drilling ships and a number of ancillary ships. The combined vessel value protected by GUARDIAN is in excess of $22 billion, with over 4,000 seafarers protected by GUARDIAN on average each day. ❚
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Deterrents The director-general said the agency was concluding the installation of a Global Maritime Distress Safety System (GMDSS) at Tarkwa Bay in Lagos, which, when fully integrated with the satellite system, would provide full domain awareness for Nigeria’s waterways. The facility is equipped with VHF radio, satellite phones and Inmarsat satellite telecommunications among other security features. Akpobolokemi also said that NIMASA had further strengthened safety within Nigerian shores through vigorous compliance with the International Ship and Port Facility Security (ISPS) Code. As at August last year, 22 port facilities in Nigeria were certified compliant with the ISPS Code, a significant increase from only nine port facilities during the previous visit of the United States Coast Guard to Nigerian ports. Commenting on the desirability of a national carrier, Akpobolokemi said that the law allowed for more than one national carrier, stating that NIMASA was committed to the establishment of a national carrier through a public-private sector partnership arrangement. He explained that the initiative would have a great effect on “the nation’s flag, Nigerian seafarers and shipping development in the country”.
Maritime Security International
However, he assured that in granting a national carrier status, the agency would comply with Section 35 (A-G) of the NIMASA Act 2007. He said: “All applications made to NIMASA will be considered against the requirements stated in the NIMASA Act 2007 and companies that meet these requirements will certainly be recommended to the minister of transport.” On human capacity development, the directorgeneral said that academic activities would soon commence at Nigeria Maritime University (NMU) Okerenkoko, Delta State, following the recent ground-breaking ceremony by President Goodluck Jonathan. He said the university would produce highlevel manpower for Nigeria’s maritime and shipping sector on a sustainable basis. Akpobolokemi stated: “It is a tertiary institution for the training of seafarers, master mariners, marine engineers, naval architects, nautical scientists and other specialised maritime and shipping trade skills. The NMU is envisaged to become a centre for excellence in
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innovative research for the maritime sector in the West and Central Africa sub-region when developed.” The director-general said that through the upcoming NIMASA Shipyard and Dockyard, also in Okerenkoko, NIMASA would transform Nigeria’s maritime industry into an industry that would generate capable local manpower. This way, he said, the sector would be able to contribute significantly to the nation’s gross domestic product. “The vision behind the shipyard and dockyard project is to have a worldclass shipbuilding and repair facility that will be commercially viable to transform the nation’s economy,” he explained. ❚
Port security © Courtesy of the researchers
Underwater
robot Football-sized robots can skim discreetly along a ship’s hull to seek hollow compartments concealing contraband. Larry Hardesty of MIT news office reports
Indeed, Bhattacharyya built the main structural components of the robot using a 3D printer in Asada’s lab. Half of the robot – the half with the flattened panel – is waterproof and houses the electronics. The other half is permeable and houses the propulsion system, which consists of six pumps that expel water through rubber tubes. Two of those tubes vent on the side of the robot opposite the flattened panel, so they can keep it pressed against whatever surface the robot is inspecting. The other four tubes vent in pairs at
“ It’s very
expensive for port security to use traditional robots for every small boat coming into the port
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A
t the International Conference on Intelligent Robots and Systems, researchers from the Massachusetts Institute of Technology (MIT) unveiled an oval-shaped submersible robot, a little smaller than a football, with a flattened panel on one side that it can slide along an underwater surface to perform ultrasound scans. Originally designed to look for cracks in nuclear reactors’ water tanks, the robot could also inspect ships for the false hulls and propeller shafts that smugglers frequently use to hide contraband. Because of its small size and unique propulsion mechanism – which leaves no visible wake – the robots could, in theory, be concealed in clumps of algae or other camouflage. Fleets of them could swarm over ships at port without alerting smugglers and giving them the chance to jettison their cargo. “It’s very expensive for port security to use traditional robots for every small boat coming into the port,” says Sampriti Bhattacharyya, a graduate student in mechanical engineering, who designed the robot together with her adviser, Ford professor of engineering Harry Asada. “If this is cheap enough — if I can get this out for $600, say — why not just have 20 of them doing collaborative inspection? And if it breaks, it’s not a big deal. It’s very easy to make.”
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opposite ends of the robot’s long axis and control its locomotion. ❚
Courting instability As Bhattacharyya explains, the elliptical shape of the robot is unstable by design. “It’s similar to fighter jets, which are unstable so that you can manoeuvre them easily,” she says. “If I turn on the two jets [at one end], it won’t go straight. It will just turn.” That tendency to turn is an asset when the robot is trying to execute tight manoeuvres, but it’s a liability when travelling in a straight line scanning the hull of a ship. So all the tubes exit the robot at different angles, which Bhattacharyya calculated to provide the greatest degree of control over the robot’s instabilities. In the robot’s watertight chamber are its control circuitry, battery, a communications antenna and an inertial measurement unit, which consists of three accelerometers and three gyroscopes that can gauge the robot’s motion in any direction. The control algorithm constantly adjusts the velocity of the water pumped through each of the six jets to keep the robot on course. In their initial experiments, the researchers were just testing the robot’s ability to navigate to an underwater surface and stay in contact with it while travelling in a straight line, so the prototype is not yet equipped with an ultrasound sensor.
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The rechargeable lithium batteries used in the prototype, Bhattacharyya says, last about 40 minutes. Since the robot can travel between half a meter and a meter per second while pressed against a surface, that should give it ample time to inspect multiple small craft before being recharged. The researchers envisage that teams of robots could be kept in rotation, some returning to port to recharge just as others are going back on duty. Their next prototype, Bhattacharyya says, will feature wirelessly rechargeable batteries. And modifications to the propulsion system, she says, should increase the robot’s operation time on a single charge to 100 minutes. ❚
Keep your distance Bhattacharyya notes that while she and Asada have demonstrated the robot’s ability to travel along a smooth surface, the hulls of many ships will have encrustations that might prevent continuous contact. Ultrasound, however, works only when the emitter is in direct contact with the object to be scanned — or when its distance is a specific multiple of the wavelength of sound. Maintaining that precise distance is a tall order, but in ongoing work, Bhattacharyya and Asada are exploring mechanical systems that would create hydrodynamic buffers of just the right depth to enable the robot to perform ultrasound scans without surface contact. Nathan Betcher, a special tactics officer in the US Air Force, has followed Bhattacharyya and Asada’s work closely. “I have a great deal of interest in seeing if this type of technology can have a substantive impact on a number of missions or roles which I might be charged with in the future,” he says. “I am particularly interested to see if this type of technology could find use in domestic maritime operations, ranging from the detection of smuggled nuclear, biological or chemical agents to drug interdiction, discovery of stress fractures in submerged structures and hulls, or even faster processing and routing of maritime traffic.” The MIT research was funded by the National Science Foundation. »»
for PORTs (SUPPORT) project. The project was initiated when FOI, together with some 20 partners with expertise in the areas of research, logistics and port security, applied for funding under the EU’s 7th Framework Programme. Those attending the demonstration included port security stakeholders, port operators and representatives of a range of Swedish and European authorities. The Swedish Armed Forces played a part by allowing their personnel to act as hostile divers, swimmers and special boat operators. In one of the scenarios, it was demonstrated how seaward intruders can be detected. In a second scenario, with major input from FOI, it was shown how the system supports port operators using information fusion and decision support tools. A third scenario demonstrated the port security management system (PSMS) produced by the project to work out the protection requirements for a port and to show where the security loopholes could be, says FOI project manager Sören Jägerhök. One of the reasons for the research into countering intrusion is that many ports find that they lack good and affordable tools for seaward surveillance and so find it difficult to guard against terrorist attacks and organised crime such as theft, smuggling and stowaways. FOI has therefore created a system that is capable of detecting divers, swimmers or small craft that might attempt to approach the quayside or a vessel tied up alongside.
Reprinted with permission of MIT News (http://newsoffice.mit.edu/) ❚
Swedish research on port security The Swedish Defence Research Agency (FOI) carried out a demonstration in Gothenburg earlier this year of technology designed to improve the security of ports around the world. The demonstration was the culmination of four years of research work on the EU’s Security UPgrade
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The system is based on video cameras which, in combination with infrared cameras, monitor what is happening on the surface while hydrophone chains serve to detect divers. Data from these three sensor types is combined and used, via an information fusion system, to warn the operator of the existence of a security threat. One of the great benefits of this system is that the degree of automation and robustness against false alarms is such that it requires no increase in the number of security personnel. FOI has demonstrated that, if used correctly, a passive hydrophone system can be as good as, or even better than, the considerably more costly active sonar systems. During the course of the research work, a number of new discoveries were made. “One rather nice example is that we have learnt how to detect a swimmer without getting a whole lot of false alarms from flotsam or seabirds. This has involved teaching the system the difference between how the human body moves through waves in the water compared with other things,” said Jägerhök. For FOI’s part, the work involved in this project gave it contacts which in turn have led to new research assignments. In due course, this could also create new business for Swedish companies, the organisation said. Two of the partners, Securitas and eBOS, are working on the commercialisation of the PSMS for use by port and terminal operators, Jägerhök added. ❚
Smuggling
War on
opium Opium and cybercrime stand alongside container fraud as issues of major concern at the moment
with Balkh regaining that status, while Sari Pul lapsed back into production. The link between insecurity and opium cultivation observed in the country since 2007 continued to be a factor in 2014; the bulk of opium poppy cultivation – 89% – was concentrated in nine provinces in the southern and western regions, which include the most insecure provinces in the country.
“ We cannot afford to see the longterm security of Afghanistan derailed by opiates
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O
pium poppy cultivation in Afghanistan rose 7% from 209,000 hectares in 2013 to 224,000 hectares, according to the 2014 Afghanistan Opium Survey released in November in Vienna and Kabul by the Afghan Ministry of Counter Narcotics and the United Nations Office on Drugs and Crime (UNODC). Meanwhile, opium production may potentially increase 17%, with yields estimated to reach 6,400 tonnes in 2014 compared with the previous year’s total of 5,500 tonnes. UNODC executive director Yury Fedotov said that Afghanistan’s narcotics problem remained a global challenge and shared responsibility. “We cannot afford to see the long-term stability of Afghanistan – and the wider region – derailed by the threat of opiates. What is needed is greater resolve towards addressing narcotics in a serious and tangible manner within the economic, development and security agendas.” Afghanistan produces some 90% of the world’s illicit opiates. These increases come after record highs were noted in 2013, when cultivation rose 36% and production by almost a half on 2012 figures. Average opium yield amounted to 28.7 kilograms (kg) per hectare in 2014, 9% up from 2013, when it stood at 26.3kg per hectare. The number of poppy-free provinces remained at 15,
Helmand province, registering a 3% increase in cultivation, remained Afghanistan’s leading crop grower (taking 46% of the national total), followed by Kandahar, Farah, and Nangarhar. The southern region continued to take the lion’s share of national opium production, with 69%
Winter 2014
recorded in 2014. The country’s second most important opium-crop-producing region was in the west, taking 16% of national production. Worth around US$0.85 billion, or roughly 4% of the country’s estimated gross domestic product (GDP), the farm-gate value of opium decreased 13% in 2014. That decline was driven by a 23% fall in prices in all regions of Afghanistan to US$133 per kg, probably as a result of greater crop production and supply. Across the country, governor-led eradication decreased by 63% to 2,692 hectares in 2014 from 7,348 in 2013. The number of casualties during the 2014 eradication campaign fell significantly in 2014; 13 lives were lost, compared with 143 fatalities in 2013. ❚
Cybercrime Greater efforts are being taken to combat cybercrime on an international level in areas of prevention, information exchange, investigation and capacity building. Experts at the 2014 Interpol-Europol cybercrime conference have agreed a raft of measures in which all stakeholders can jointly cooperate. “Delegates supported a number of joint activities to be undertaken by Interpol and Europol in coordination with involved partners
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Smuggling and countries, including publication of joint reports, disseminating early warning messages, conducting assessments of inter-regional cyber-attacks, carrying out operations to take down botnets and standardisation of training, tools and processes,” a press statement by Interpol said. It noted that fast and effective information sharing with partners from different sectors through structures such as the Joint Cybercrime Action Taskforce or the Cyber Fusion Centre at the Interpol Global Complex for Innovation (IGCI) was also highlighted as an area to be further developed. The need to coordinate enforcement activities, enhance law enforcement capacity and identify the legal tools required for successful prosecutions also topped the agenda, as did money laundering through online gambling, virtual currencies and digital forensics analysis. IGCI executive director Noboru Nakatani said, “Cybercrime remains one of the most pervasive threats to global security, and if we are to be effective in our efforts to combat this threat, we must build capacity at national, regional and international levels. “It is through the creation of dedicated law enforcement facilities such as the IGCI, in coordination with our partners around the world, that we will close the net on cybercriminals,” he added. Troels Oerting, head of Europol’s European Cybercrime Centre, said the conference sent a number of signals to global law enforcement, private parties and organised crime. “This conference is a strong example of the determination of the two main international actors joining forces to prevent and prosecute cybercrime, increase capacity and enhance intelligence in order to serve our respective colleagues and citizens on the frontline. “At the same time, we send a forceful message to the cybercriminal networks that global cybercrime units all over the world have decided to find ways to overcome obstacles and exploit all possibilities to identify and track them down. Our common goal is to make life easier for law enforcement, industry and citizens, and much more difficult and risky for criminals,” said Oerting. In August, the ICC International Maritime Bureau (IMB) joined industry calls for parties in the maritime sector to be on guard against cyber-attacks. IMB said recent events have shown that systems managing the movement of goods need to be strengthened against the threat of such attacks.
Maritime Security International
One high-profile example of this was the hacking of the Port of Antwerp’s system. However, IMB also has cases on file where manipulation of individual company computer systems has led to charter freight and payments to suppliers being diverted into a fraudster’s bank account undetected. IMB notes that most of these cases are characterised by a time lapse between the system being compromised and the subsequent crime taking place. This suggests that the hackers, who reportedly work for organised crime gangs, are willing to wait for the best opportunity to maximise their theft and increase the chances that it will pass undetected, so that it may be repeated. By employing this tactic, they are also able to learn more about how individual systems work and use this knowledge in future attacks on similar systems. Recent reports suggest that nearly 80% of cybercrime incidents originate from some form of organised criminal activity, and put the annual cost of cybercrime at between $375 and $575 billion. Cyber-dependent technologies are an increasing part of marine transportation. Vessel and facility operators use computers for navigation, communication, business processes, cargo operations and countless other functions. While an attack or failure of any of these systems could have significant consequences, industrial control systems (ICSs) are a particular concern. ICS is a general term that includes various systems that control physical processes. The Department of Homeland Security’s Industrial Control Systems Cyber Emergency Response Team (ICS-CERT) routinely publishes alerts concerning malware and other threats to ICSs. One recent alert addresses a variant of the BlackEnergy malware. BlackEnergy and other malware may be present in cyber-systems used in the maritime industry. “The US Coast Guard (USCG) strongly encourages facility and vessel operators to review their cyber-security practices, and to take full advantage of the alerts and other information provided by ICS-CERT. The Coast Guard also publishes cyber-security information on the cyber-security section of Homeport. “Vessel and facility operators that experience a cyber-related impact to the marine transportation system portion of their operations should report that incident, along with any other suspicious activity, to the National Response Center,” USCG said in a notice. ❚
Winter 2014
Smuggling
Container fraud The International Maritime Bureau has flagged-up an unusual attempted fraud involving a container’s weight and size. The incident concerned a container of aluminium scrap, in which the information outside the box was tampered with to show a false weight and size. An IMB member highlighted the case after being notified of a significant weight shortage on the container, which arrived in the Far East from the Middle East. During the investigation that followed, the member noted that the tare weight of the container, as shown on its door – and used by the shipper – was 3,680kg. The cube, also shown on the door, was 2,700 cubic feet. The numbers displayed were entirely acceptable for a 400-foot container. However, the box in question was a 20-foot one. The shipper has since confirmed that the correct tare weight for the container should have been 2,200kg. An examination of the photos taken when the container was loaded revealed that the
part of the door on which the figures were displayed was a slightly different colour. This leads to the conclusion that the door had been repainted at some point, with the new, false, figures added after that. It is not known when this was done. It must be stressed that the container owner has denied responsibility and the IMB member doubts whether its supplier was involved. IMB says it has not come across a case before where a container has been repainted with incorrect weight and size information, which, in hindsight, clearly cannot be correct for a 20-foot container. It has, however, knowledge of a case where a label was placed over the container number of a stolen container to disguise the theft. This would be more logical, since carriers tend to focus on the container numbers themselves, and rely on the shipper to provide any other information required. IMB suggests that this is unlikely to be an isolated case and is asking others who detect similar tampering with container information to report it. This will allow IMB to attempt to establish any pattern that
might indicate who is responsible so that it can issue suitable warnings to the industry if it proves widespread in the future. Apart from constituting fraud, misdeclaring the weight of containers can also pose a danger to the vessel and crew. This remains a contributing factor to incidents involving containers lost at sea. The World Shipping Council estimates that, on average, 546 containers were lost at sea each year between 2008 and 2013, not counting catastrophic events. When catastrophic events were included, this figure rose to, on average, 1,679 containers being lost at sea each year. The International Maritime Organization’s Maritime Safety Committee has adopted amendments to the International Convention for the Safety of Life at Sea chapter VI to require mandatory verification of the gross mass of containers, either by weighing the packed container or by weighing all packages and cargo items and adding the tare mass. These measures are seen as a step forward in boosting the safety of both container ships and crew. ❚
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Offshore
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Playing
it safe Safety clothing and systems are key when operating in hostile environments offshore
to locate and assist survivors. Also new to the PS5002 is VIKING’s outstanding high-visibility yellow, which is particularly useful for rescue teams attempting to spot survivors at dawn or dusk against the sea as a background. Both the extended survival time and higher visibility can be decisive factors in a part of the world that experiences around-the-clock darkness for much of the year.
“ An immersion suit should be able to be donned in five minutes or less at temperatures as low as -30°C
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long-time favourite of mariners facing arctic survival risks, Viking’s PS5002 immersion suit has been upgraded and independently tested at temperatures as low as -62.6°C. Marine and fire safety equipment company VIKING Life-Saving Equipment has released the latest model of its popular polar-conditions immersion suit, the VIKING PS5002. The suit’s launch was preceded by one of the most rigorous sub-zero tests ever conducted on this type of personal protection equipment (PPE). “The PS5002 is a very popular suit that has been proven in polar conditions during many years in the field,” says Jens Peter Kruse, VIKING’s vice-president for PPE. “Now, with many of our customers expanding their operations into extremely cold regions, we’ve upgraded both the suit’s capabilities and the tests we subject it to.” Designed to be worn without a lifejacket, the latest PS5002 features a double layer of insulation – compared with standard immersion suits – that offers protection from extreme cold. The integrated inherent buoyancy keeps as much of the wearer’s body as possible clear of the icy water, hence the ability to be worn without a lifejacket. The design extends the length of time the wearer can be expected to survive, providing valuable extra time for search and rescue teams
For Jens Peter Kruse, the suit’s ongoing design brief is clear: “In polar conditions, when you need safety equipment, you need it to be fully functional and donned quickly and safely. It has got to allow as much time as possible to be rescued, and it should make you really stand out.
And having to don only one item instead of two, as is the case for standard immersion suits that must be worn with a lifejacket, may turn out to be crucial for raising your chances of survival.” According to SOLAS guidelines, an immersion suit of this type should be able to be donned in five minutes or less at temperatures as low as -30°C (two minutes in regular temperatures). VIKING chose, however, to put its product to a far more demanding test, reflecting the realities of the toughest and most dangerous polar regions. The packed PS5002 immersion suit was refrigerated at -60°C for 24 hours before being removed and donned by a test person wearing approved test clothing. In every case, the suit was able to be donned well within the allotted time. “To my knowledge, nothing like this has ever been attempted before by any manufacturer,” said Kruse. The extreme test temperatures also reflect the need for PPE equipment to withstand being stored in a container on deck. Following testing, each suit was assessed for signs of damage, including cracking, dissolution or changes in mechanical qualities. No such damage was discovered. The upgraded PS5002 is the latest innovation keeping VIKING’s range up to speed with developments in the Arctic and Antarctic regions. Continued page 50
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Corporate viewpoint POLICY & FORUMS 48
You’re only as good as the people who work for you
T
In the unpredictable world of shipping and maritime operations, our clients need an expert and trusted security service
he vast majority of security company Port2Port’s staff are former Royal Marine Commandos by background and managing director Andrew Varney is no exception, having served 25 years, retiring in 2010. The company also has a number of ex-UK Special Forces personnel, both on the employed staff and acting as consultants, Varney says. In addition, there is a sizeable contingent of staff formerly employed by the Indian marine and naval forces. Many former elite forces personnel are now operating in the private sector and Varney says that when he left the service in 2010, a “sizeable exodus” of forces personnel was already under way. He blames this on the perceived “reward to risk” equation, with a sizeable pay increase compared with what they could earn in the public sector. According to Varney, while combative armed forces were evidently exposed to considerable risk on operations, this risk level did not transpose to work in the maritime sector in a private capacity. Although the role of a maritime security operative (MSO) is not risk-free, that risk is demonstrably much lower when compared with recent operational service in Afghanistan and Iraq. “Ultimately, as an MSO contracted to a certified and professional private maritime security company (PMSC), you are secured as part of a minimum threeman armed team, with state-of-the-art weaponry and equipment onboard an elevated and fortified moving platform, which is BMP4-compliant and has a well drilled master and crew, with early warning systems and a 24/7, 360°
watch routine, therefore the advantage should be with the defender in that context every time.” While many former forces personnel were attracted by the extremely elevated rates of pay in the private sector, this inflated pay scenario was never going to be sustainable, Varney says. The pay rates have now consolidated to the extent that, for a service leaver, the maritime sector is only one of a number of potential second career paths from which to choose, whereas until 2013 it really was a “no-brainer”. “Now that market forces have forced rates down to more realistic levels for the work provided, alternative, more orthodox peacetime employment becomes comparable as guys weigh up the pros and cons and consider the lengthy periods of time deployed away from home that maritime still demands.”
My favourite analogy is “Would you buy a cheap parachute?” As far as the industry is concerned, Varney says: “We have not seen the rate or extent of consolidation we were expecting. If you look at the number of PMSCs registered as members of the Security Association for the Maritime Industry (SAMI), this still hovers in excess of 150, whereas United Kingdom Accreditation Service (UKAS) data currently shows circa 43 ISO-accredited companies. Nowadays, the centre of
Tel: +44 (0)161 837 6220 E-mail: info@port2portuk.com www.Port2PortUK.com www.Port2PortWestAfrica.com
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gravity has shifted from predominantly UK-centric industry to a much more globalised industry and a more globalised threat, albeit that all standards, accreditation and regulatory doctrine and development are still created and delivered in the UK. “SAMI remains the effective international industry representative body and lobbies hard for the maritime security industry on the world stage while remaining a valuable source of information for its members. This, coupled with the excellent work delivered in the UK by the Security in Complex Environments Group (SCEG) – a special interest group formed in 2011 by ADS Group – to drive forward industry standards, accreditation, compliance and regulation, has been pivotal in the rapid evolution of a now quasi-regulated industry in less than five years from its inception – a significant achievement by any metric. “For those who are ISO28007certified, many have also been accepted to join the Baltic and International Maritime Council (BIMCO) as associate members, which is a seminal moment for the industry as it takes its legitimate place within the shipping and offshore industry supply chain. “Some PSMCs that have land-based business interests or aspirations have also opted to join the International Code of Conduct Association (ICoCA). “Membership of most of these representative bodies has become almost mandatory for any PMSC wishing to create the right profile and is very much the expectation from shipping clients. However, although these memberships
Corporate viewpoint are not onerously expensive individually, the combined cost of membership of all of them can be prohibitive for the many PMSCs that are now struggling with cashflow as margins continue to squeeze. These memberships, coupled with annual surveillance audits for ISO28007 compliance, place the potential yearly compliance bill in the region of £20,000. For PMSCs struggling in the current market, this could make the difference between survival and terminal decline in 2015.” Varney believes ISO28000: ISO/PAS28007 is “about the legitimisation of armed security within the shipping industry supply chain – it is not about the normalisation of armed guards on ships, and for me that is a very important difference”. He does not believe that armed guards on ships are a long-term indispensable part of the supply chain, although they are an important part of the supply chain now and in the foreseeable future. Their presence onboard commercial shipping, coupled with the now almost universal application of BMP4 and the demonstrable success of European Union Naval Force (EU NAVFOR) and international navies, is disrupting pirate activity in the eastern high-risk area (HRA). In terms of making an argument for the formalisation of armed personnel on ships, he describes this as being “at best disingenuous and at worst self-indulgent. If the client decides the threat warrants the use of armed guards, then it is now critically important that chief security officers tasked with engaging the services of a PMSC only use those ISO certified and demonstrably able to deliver to the requirement in a legally compliant manner and to the required standard”. Varney says his favourite analogy in this respect is “Would you buy a cheap parachute?”. Regrettably, consolidation is not happening at the rate expected, because ISO28007-certified accreditation has not had the effect of reducing the number of PMSCs, he says. Over 40 companies are now accredited by four certified bodies. “This is more than I ever predicted, as I always thought it would settle around 25. I believe the primary reason why more than the predicted number have been successful is down to inconsistency in auditing standards and that the standards ‘bar’ was set too low at inception – allowing companies that do not own their own firearms to exist on the same playing field as those that do. Those who do own their own weapons are restricted by the terms of their trade licence. For example, if there is any connection with the UK at all, even if is only the use of UK security operatives as consultants, then the PMSC must have a trade and control licence. Even now that is not universally understood.” In the UK there are very restrictive gun laws – and for good reason, he says – but these inventories and compliance systems are expensive to maintain. “Those PMSCs that lease or rent firearms are not bound by the same restrictions that Port2Port is,” he explains. As they don’t have an asset holding, they also do not have the associated compliance and equipment
care costs, which are considerable. Also, he says, they do not have any inherent legal obligations in terms of embarkation, disembarkation and management of those weapons once deployed. He says that he is a great fan of the ISO standard. “But that one omission has left the door open to operators who, in my opinion, really can’t call themselves legitimate because they don’t own their own firearms. I defy anyone to coherently explain to me how a company that doesn’t own its own firearms can be compared to one that does,” he adds. So far as maritime security in the offshore context is concerned, until a couple of years ago it was applicable mainly to East Africa and there were a couple of providers who more or less had a monopoly and serviced all of the international oil companies (IOCs) and bluechip offshore companies. It was a private-public model, with governments providing the armed component, and has become the accepted model, he explains. This has provided standardisation in a hitherto fundamentally misunderstood sector. The use of PMSCs in the Indian Ocean is now a mature protocol, he says, and most stakeholders know how it works. But in the offshore sector there are a myriad of other challenges, not least the fact that the sector is much more heavily weighted in terms of compliance – top of that list being health, quality, safety, environment (HQSE). As part of the supply chain, the PMSC must also maintain and demonstrate the same level and understanding of compliance as its client, he explains. This represents one of the significant barriers to entry for most PMSCs. The consequences of an offshore incident are potentially catastrophic, and PMSCs operating in the sector have to have a great deal more in their portfolio and a greater capability than just providing armed guards on ships. They have to understand how the offshore sector works at every stage, which cannot be learned overnight. The security provider must fit seamlessly into the client’s supply chain without loss of time, money or resources. PMSCs also have to identify and plan for an environment where getting it wrong could result in liabilities at an “eye-watering” level. The cost of security in the offshore industry is factored in at source, he says, and offshore clients, particularly international oil companies, will always take quality over cost, because they cannot and will not risk hiring a security company that does not meet the stringent criteria 100%. Therefore, the bar for entry to this market is set much higher and that is why you see very few PMSCs operating in the offshore sector, although many advertise such aspirational services. “It is not for the fainthearted: a PMSC cannot learn its trade at the client’s expense.” Port2Port has ventured into the offshore sector over the past 18 months. Varney sees the move as “quite fortuitous” as, while business on the East African coast was more or less sewn up until a year ago, it has proved to be a smaller market than the west coast, he explains.
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With global exploration further afield and an industry hugely susceptible to risk, there is a proliferation of those who engage in criminality. “The two combined make for a very volatile situation and that is where West Africa is critical to this narrative.” Port2Port took the bold step of incorporating a Nigerian company 18 months ago. The process is expensive and complicated, which provides another bar to entry for PMSCs. It is also a complex operating area and “to understand the mitigation, you have to understand the threat”. It is not just a case of migrating services from the east to the west coast. “The whole tapestry is different.” Most of the time, a PMSC will be operating in a country’s sovereign territory, contiguous zone or economic zone, so the respective coastal state law and extended trading conventions apply, which vary from state to state. While certain infrastructure may be of lower quality in Africa, the expectation of the client in terms of service delivery and reliability remains unchanged, so PMSCs have to make investments in their organic infrastructure, extending to acquisition of their own vessels or chartering in from third-party providers in the region. Port2Port’s Nigerian company engages government forces personnel under licence to provide the armed component of the security services, while Port2Port operatives act in an advisory and mentoring capacity. Because of the significant downward trend in profit margins in the Indian Ocean HRA market and saturation of the industry over the past 18 months, there has been a seismic shift in PMSCs trying to diversify to the west coast, but the reality of the complexity and cost provide an inevitable barrier to entry for most to operate legitimately. In consequence, Varney says, in Nigeria in particular there has been a proliferation of unlicensed and illegal operators offering shipowners armed security that they are not legally permitted to conduct. “The way it is done is through what I refer to as the façade licensing system, whereby the PMSC contracts with the client, but the mandatory operating licence they use to engage the government security forces belongs to an existing Nigerian company.” This practice is illegal under Nigerian law. Such companies will also purport to be able to provide services to the offshore industry, which doubles the jeopardy. Offshore clients are not as susceptible as their shipping industry counterparts, because they have a much greater experience of the environment and contracts are generally awarded through strict tender protocols rather than being on an ad hoc/spot basis as in the shipping industry. Port2Port got into the offshore business in West Africa doing seismic survey work, which meant the company was in at the start of the project. “We started with manageable projects, so we haven’t ever overpromised and under-delivered.” Port2Port, Varney says, is in it for the long haul and, unlike some competitors, is not in the business of “jam today” then folding the company.
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Offshore Detection sonar
VIKING PS5002 fulfills the requirements of Resolution MSC.81(70) “Revised Recommendation on Testing of LifeSaving Appliances”, including amendments MSC.200(80), MSC.226(82) and MSC.323(89) and the International Life-Saving Appliances Code 2010 edition. VIKING offers a broad range of off-the-shelf and tailored safety solutions and systems certified in accordance with the latest requirements of the International Maritime Organization, the International Convention for the Safety of Life at Sea (SOLAS), the EU and the United States Coast Guard. The product portfolio includes chute and slide-based marine and offshore evacuation and crew transfer systems, liferafts, lifejackets, immersion suits, fire suits, work suits, pilot suits, helicopter transportation suits, man overboard boats, davits, pilot ladders, signs and other lifesaving appliances. ❚
DSIT Solutions, a subsidiary of Acorn Energy, announced earlier in the year the introduction of the AquaShield Extended Range with swimmer delivery vehicle detection sonar to its product line. The AquaShield Extended Range was based on DSIT’s bestselling AquaShield Diver Detection Sonar, which is widely used around the world to protect naval, commercial and energy sites and assets from underwater intrusion and sabotage. The AquaShield Extended Range was created by DSIT in response to the technology advances associated with swimmer delivery vehicles (SDVs), diver propulsion vehicles and unmanned underwater vehicles. All of the above are much faster than the standard combat diver, thus significantly reducing the response time available when using conventional diver detection sonar systems. The AquaShield Extended Range offers detection ranges against all threats including SDVs, open- and closed-circuit divers. Prior to its introduction, the AquaShield Extended Range passed rigorous sea trials, achieving detection ranges of up to 3,500 metres for SDV targets, 1,800 metres for open-circuit divers and 1,200 metres for divers using closed-circuit apparatus.
VIKING PS5002
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Offshore Dan Ben-Dov, DSIT’s vice-president for sales and marketing, commented: “We have been selling our AquaShield Diver Detection Sonar system since 2007, but the AquaShield Extended Range is a game-changer in the field of underwater detection, providing customers the detection and alarm ranges they have wanted to see for many years. DSIT has made a considerable investment in developing this unique application and I’m very confident that the market will appreciate its importance to the underwater security market. Even before its official introduction to the market, DSIT had already received orders for three AquaShield Extended Range units from two customers.” DSIT’s chief executive, Benny Sela, added: “As technology advances, we see a broader range of potential underwater threats, including SDVs and midget submarines, to coastal and offshore critical assets. We believe the AquaShield Extended Range is the best solution to counter these threats. “The benefit to our customers is based not only on the system’s remarkable detection ranges but also on the low cost per square meter of coverage. The AquaShield Extended Range is today joining the respected Shield family of underwater security systems and will surely help us keep DSIT the leading company in this field.” ❚
Challenging environment As the offshore sector expands internationally and new areas of operation come onstream in hard-to-reach parts of the world, the task of obtaining quality produce and spare parts becomes ever more challenging. Distance, time zones, local customs and bureaucracy, and the lack of availability of familiar products can cause a headache for purchasing managers attempting to keep their crew and vessels well supplied with the food and goods they need. That’s where an experienced ship supplier able to manage local purchasing and provide effective logistical support comes to the fore, according to Alex Taylor, managing director of UK and international ship supplier Hutton’s Group. Discussing the unique challenges of remote area supply chains during the Offshore Support Vessels (OSV) Singapore Summit in November, Taylor said: “However much experience you have with traditional supply chains in developed markets, the fact is that remote areas require a different approach to overcome their particular problems.” Challenges in remote maritime sectors can include confusing communication, problems with quality conformance, bewildering bureaucracy, poor pricing, frustrating logistics and the struggle to identify acceptable local suppliers. Outlining some of the problems that sometimes occur in West Africa, Taylor advised delegates that he had heard of sudden price increases after orders had been placed, bribes or false invoicing and had even had reports of bush meat (elephant) being supplied instead of beef. Hutton’s Group has considerable experience in supplying the offshore sector in West Africa and has an established supply network with competent personnel who understand the needs and expectations of western companies. “We know how to source products locally that meet European quality standards, and we are able to respond quickly and efficiently through our local networks to meet just-in-time expectations,” Taylor explained. Hutton’s has helped OSV companies to streamline their purchasing in West Africa through its large, reliable and cost-effective supply network, which is able to provide industry-standard paperwork, accounting and credit terms in this challenging region. Taylor highlighted the cost savings the company had achieved for several of its customers and pointed out the benefits of better-quality produce for crew morale. And he stressed the need to establish long-term partnerships, particularly in fast-growing sectors. “A long-term partner will always try to make the impossible possible,” he said. ❚
Alex Taylor, managing director of ship supplier Hutton’s Group
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Events POLICY & FORUMS Hellenic Marine Risk Forum 2014
Maritime Security Management Asia
East Africa Oil & Gas Expo 2015
4 December – Athens
25-26 February – singapore
27-29 April – Nairobi, Kenya
ACI’s 5th Maritime Security Management Asia: By attending, shipping companies can be updated on the evolving security threats that exist at sea.
The 4th Oil & Gas Africa - Int’l Trade Exhibition, 27th to 29th April 2015, is a hub for key players in the oil and gas community, attracting leading oil, gas and petroleum companies from around the world.
The Hellenic Marine Risk Forum, organized by the TradeWinds Events will take place on 4th December 2014 at the Eugenides Foundation in Athens, Greece. The conference will cover areas like understanding of challenging issues arising from both hull and P&I cover in advance of renewal. www.10times.com/hellenic-marine-risk-forum
Oil & Gas Infrastructure Security North Africa 10-11 December – Algeria With threats such as border security, extremism and political instability, now is the time to take proactive steps to prevent, predict and protect against the security threats you face when operating in North Africa.
www.wplgroup.com/aci/conferences/eu-mps5.asp
European Shipping Week 2-6 March – BRUSSELS European Shipping Week is intended to be a platform where policy-makers from the main EU institutions will meet and engage with European shipowners and other stakeholders from the shipping sector. www.europeanshippingweek.com
CONNECTICUT MARITIME SHIPPING 2015 23-25 March – stamford Where experts from around the world speak on many issues that will shape the future of the maritime industry.
register@hansonwade.com
19th Offshore West Africa 20-22 January – Lagos Will showcase the most innovative technologies and ground-breaking solutions within the Offshore exploration and production industry. Combining both a high-quality conference and rich exhibition of services and equipment. www.offshorewestafrica.com/index. html#leftcolumn_tabs_3
4-5 February – london V-TRACKS Vessel Tracking and Monitoring Conference 2015: promoting interoperability for maritime safety, security and environmental efficiency. www.informamaritimeevents.com/event/ vessel-tracking-monitoring-seminar
LNG Shipping Conference 2015 24-25 February – london If you want to stay abreast of global changes in the industry and develop strategies to capitalise on new opportunities for the LNG fleet, don’t miss this year’s LNG Shipping Conference. www.informamaritimeevents.com/event/
Maritime Security International
The 9th International FUJCON 2015 23-25 March – Fujairah, UAE FUJCON enjoys international recognition and attendance from 46 countries covering diversified sectors of the bunkering industry. www.cconnection.org/event/FUJCON/2013/ resources/CC14276_FUJCON2015_ Postcard_FA_WB.pdf
SMM India 2-4 April – MUMBAI
V TRAKS
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www.shipping2015.com
LNG-Shipping-Conference
Winter 2014
SMM India is the world’s leading shipbuilding trade fair, which means experience, quality, competence, networking and service. www.10times.com/smm-india
Global Liner Shipping Conference 21-22 April – hamburg Global Liner Shipping Conference 2014: Consolidation, collaboration and the future of container shipping. www.globallinershipping.com
www.expogr.com/kenyaoil/
IMDEX ASIA 19-21 May – singapore Coming to its 10th edition, the biennial IMDEX Asia is Asia Pacific’s premier international maritime defence show and a must-attend event in the global naval and maritime security calendar. www.imdexasia.com/about-imdexasia.html
Nor Shipping 2015 2-5 June – oslo Nor-Shipping is the leading maritime event week. Its top-quality exhibition, high-level conferences and prime networking opportunities attract the cream of the international maritime industry to Oslo every other year. www.messe.no/nor-shipping
INMEX SMM India 2015 23-25 September – MUMBAi INMEX-SMM India is the number one meeting place for the maritime and shipping community in South Asia. The event attracts over 650 exhibitors from around the world including international pavilions from Germany, Singapore, Holland, Norway, Korea, Finland, and The Netherlands. www.inmex-smm-india.com
Gastech Singapore 27-30 October – singapore One of the world’s largest and most prestigious LNG and natural gas conferences and exhibitions, Gastech, is coming to Singapore in 2015, reflecting the country’s growing strategic importance as a regional hub for the Asian gas market. www.gastechsingapore
Europort 2015
Sea Asia 2015
3-5 November – Rotterdam
21-23 April – singapore
From 3 - 6 November 2015 Europort, organised in the world port city of Rotterdam, will be the international maritime meeting place for innovative technology and complex shipbuilding.
Asia’s premier maritime exhibition and conference will return to Singapore for its 5th edition in 2015 from 21-23 April. www.sea-asia.com
www.europort.nl
Shipowners attend for free email: rosanna.boyle@informa.com
Dirk Vernaeve PORT OF GHENT
Alessandra Zampieri EUROPEAN COMMISSION
Raimo Warkki STENA IT
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Wednesday 4 - Thursday 5 February 2015 Focus Day: Maritime Situational Awareness Systems Tuesday 3 February 2015 Radisson Blu Portman Hotel, London
Promoting interoperability for maritime security, safety and environmental efficiency •
Discover how governments optimise their dark target detection
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Examine shipowners communication and remote support tools
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Assess the developments towards interoperability in the European maritime domain
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Explore the latest tools used to monitor environmental compliance in the Baltic
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Understand how to protect and encrypt your data from cyber security threats
Pietro Amorusi D’Amico Societa Di Navigazione Spa
In association with:
http://www.informamaritimeevents.com/FKT2825MSIAD
Sponsors and exhibitors to date:
Tel +44 (0)20 7017 5511
Email: maritimecustserv@informa.com