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Warning signs

Recent casualties have led to renewed calls for rigorous investigations of ship losses and more action on safety

Safety first

Safety of oil and gas installations is on the European agenda, with the advent of a new directive

Security standards

There have been plenty of initiatives by the security industry to improve the quality of its services

Summer 2013

Maritime Security International

Cause for concern African west coast violence on the increase

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Commercial Vessel Protection Services:

Indian Ocean West Africa Rest of World West Africa Indian Ocean Commercial Vessel Protection Services: ations l l a t s n I ffshore O • tection ltancy o u r s P n e o • Clos Risk C s t h c urity a c y e r e S p t r Su • Po s y e v r urity c e S Port Su e m i arit

sted M u r T r o f Choice l a r u t a The N

ISO9001 certified

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SAMI www.seasecurity.org

Ship Security International Ltd. 3 Hersham Farm Business Park, Longcross Road, Chertsey, Surrey KT16 0DN, United Kingdom Telephone: +44 (0)20 3141 2100 Email: ssi@ssi-ltd.com For more information please visit: ssi-ltd.com

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Introduction

1

Second quarter figures for piracy attacks off the east coast of Africa may have fallen again, but as west coast activity continues to increase there is no room for complacency. Concerns remain over the accuracy of statistics on attacks. The publication of the 100 Series Rules, guidelines for the use of force, is a positive development for the maritime security industry, but, as the recent South Asia and Africa Regional Port Stability Cooperative conference heard, their application will likely be driven by flag states, which could mean standards vary widely from country to country, posing further challenges for maritime security companies. The G8 Summit of world leaders also had a message about ransom payments to deliver. UK Prime Minister David Cameron and the US administration appear to have set their sights on the abolition of the payment of ransoms. Although this view is controversial, not least because there seems to be no alternative to secure the release of crew; some who have been held for several years. Much depends on the administrations’ ability to establish a link between piracy and terrorism, and as with maritime casualties generally, interest in the fate of seafarers seems to dwindle when their own nationals are not involved. The Maritime Labour Convention 2006 will also present significant challenges for maritime security companies when it enters into force this month, with one question being whether an armed security guard should be considered to be a crew member under the terms of the act, or a supernumerary. Safety issues have been much in the news in recent months, whether it be because of renewed warnings on dangerous cargoes or the advent of a new EU directive on the safety of offshore oil and gas installations.

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.

Passenger safety issues have also been debated at IMO following the publication of a report into Costa Concordia’s accident in which 32 people lost their lives, Hazardous events have also been at the centre of a new research paper by Warsash Maritime Academy on the new for a global and confidential reporting system for hazardous incidents involving tugs. Training, as ever, remains a key element in avoiding accidents and we hope that the industry will continue to make this a priority, at a time when many companies continue to suffer financially.

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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 justindesign@live.co.uk

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Maritime Media Ltd Suite 24, 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

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Contents Introduction

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1

News In brief... Heads of maritime, aviation and customs organisations met in London to discuss working together on security issues

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Comment Keeping safe at sea By Jenny Carter-Vaughan

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Piracy Cause for concern Somali piracy might have fallen, but violence on the West Coast of Africa is on the increase

Security organisations Pushing ahead with security standards There have been plenty of initiatives by the security industry to improve the quality of its services

cover story

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cover story

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Legal Denied appeals The US courts have delivered a judgment in a piracy appeal, while the Philippines rules on crew deaths on shore

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Regulation Ruling class The security industry is gearing up for the entry into force of the Maritime Labour Convention, while new rules for the use of force are now out

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Kidnap Preparation pays Kidnapping presents a real risk to maritime workers and travellers, which means having crisis management plans ready is vital

31

Insurance Cold concerns Barbican takes over Seacurus, while cold chain, sanctions and bunker worries remain

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Contents

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Seafarers Safety danger “Lethal” lifeboat hooks and draconian immigration laws are two concerns for those involved in seafarers’ welfare

39

Safety Warning signs Recent casualties have led to renewed calls for rigorous investigations of ship losses and more action on safety

cover story

41

Training Crew safety Seagull delivers a wake up call about the Maritime Labour Convention, while the ICS aims to create a maritime ‘safety culture’

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Port security Simple steps Cutting customs procedures for ships in European ports and concerns over port safety have been under the spotlight in recent months

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Deterrents Dock defence While anti-piracy and terrorism deterrents obviously apply at sea, there are also a number of products available for defending onshore facilities

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Smuggling Pope speaks out 57 Drugs, human trafficking and slavery continue to plague the maritime industry, as Pope Francis warns of the ‘globalisation of indifference’

Offshore Safety first Safety of oil and gas installations is on the European agenda, with the advent of a new directive. Plus: oil spills, Russian breakthrough, BP

Events

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cover story

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News

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WCO secretary-general Mukuriya highlighted that: “Meaningful, dynamic and effective partnerships at the international level are critical to how all our organisations meet the challenges and take advantage of the opportunities presented by the 21st century border and trade environment. Today’s globalised trade and travel requires new thinking, coordinated approaches and connectivity between all stakeholders to efficiently secure and facilitate legitimate trade, support economic competitiveness and provide protection to societies.” The three men exchanged information on progress in further developing and harmonising the international frameworks for aviation, border and maritime supply chain security and facilitation under their respective instruments. They acknowledged the potential impact of major disruption at critical transport nodes on global supply chains and expressed the need to manage risks in a holistic and system-oriented manner. The importance of innovation and creative thinking to optimise security and facilitation of international transport and trade was stressed during the meeting.

In brief... Heads of maritime, aviation and customs organisations met in London to discuss working together on security issues

I

MO secretary-general Koji Sekimizu welcomed his counterparts, Raymond Benjamin, secretary-general of the International Civil Aviation Organization (ICAO), and Kunio Mikuriya, secretary-general of the World Customs Organization (WCO), to IMO headquarters on 8 July to discuss how to improve their organisations’ collaborations in aviation, border and maritime security and facilitation. ICAO and the IMO perform their roles as specialized agencies of the United Nations, while the WCO is an independent intergovernmental body. “A sustainable maritime transportation system is reliant on a smooth and efficient supply chain and it is essential that we work together to mitigate

any potential threats,” Sekimizu said. “A key element of this is building partnerships to support technical assistance and cooperation, particularly in the developing countries and in any high-risk areas, to address vulnerabilities in global supply chain security and create opportunities to enhance trade facilitation.” “ICAO recognises and fully supports that effective cooperation is the basis for realising the objectives of our organisations,” said ICAO secretary-general Benjamin. “The constantly evolving threats posed by global terrorism must be met with highly coordinated transportation security and border control measures in order to minimise adverse impacts on international passenger and trade flows.”

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They also underlined the need for joint technical assistance and cooperation efforts to address vulnerabilities in global supply chain security and grasp opportunities to enhance trade facilitation. They undertook to promote dialogue at state level between transport security and customs authorities to enhance information sharing, align national legal frameworks and requirements, and maximize synergies.

BIMCO MoU

B

IMCO and the WCO have today renewed their close relationship through the signing of a new Memorandum of Understanding (MoU) in order to enhance and strengthen their co-operation to adopt mutually relevant and useful guidance and advice within the shipping industry. It will be used as the over-arching agreement for BIMCO to review its existing individual MoUs with 15 different national customs unions covering counter drug smuggling agreements. BIMCO has been at the forefront of supply chain and ship security within the shipping industry, advising and briefing ship owners on countering illegal maritime activities for the past two decades. Today, shipping and seafarers are subject to all sorts of security threats and a broad range of maritime crime and it is obvious that customs authorities and ship owners have a shared interest in collaborating in an effort to curtail the proliferation of these damaging activities.

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News

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From left to right: secretaries-general Raymond Benjamin (ICAO), Koji Sekimizu (IMO) and Kunio Mikuriya (WCO)

on piracy, West Africa and the new threats to UK shipping and seafarers recently. The session brought together industry leaders, politicians, and interested parties to discuss the continued threats off the coast of Somalia, and the alarming increase in maritime crime in West Africa. Stephen Metcalfe has followed the session by writing an exclusive for Maritime UK in which he acknowledged the need to fight complacency in the Indian Ocean where, just a few weeks ago, an EU NAVFOR vessel rescued a hijacked vessel, ensuring the safety of both vessel and crew. He also focused on the “new piratical centre” emerging in West Africa, and calls for wider concern in parliament: “Piracy in West Africa, and particularly the Gulf of Guinea, is of increasing concern to the seafaring community and industry and as such, it should be of increasing concern to parliamentarians and government.” On the occasion of the signing of the memorandum, BIMCO Secretary General Torben Skaanild said: “Today’s signing of a revised and renewed MoU to reinvigorate both our relationship with the WCO and the industry’s role in combatting illegal maritime activities, laying the foundation for much closer co-operation between ship owners and customs authorities. It is hoped that our future joint efforts – as facilitated by this MoU – to counter the modern threats to the supply chain, will significantly heighten the security level for seafarers, ship owners, port states and society in general, especially in relation to drug smuggling.”

MOL Comfort

T

he fore section of the MOL Comfort, which was expected to provide investigators with valuable information on the cause of the casualty, sank on 11 July 2013. In view of this the ClassNK casualty investigation team will expedite the investigation into the cause of the incident, and expects to consolidate its preliminary findings by early September 2013. “ClassNK has the greatest respect for all parties involved for their hard work and efforts in response to this casualty, foremost among them the safe rescue of all the ship’s crew. ClassNK will continue to make every effort to determine the cause of this incident, and will work to ensure that the results of the investigation are used to secure greater safety for the maritime industry,” the company said in a statement.

Somali government meeting

M

embers of the Somali Federal Government have been holding talks with the EU Special Envoy to Somalia, the Operation Commander of the EU Naval Force Atalanta, and the Head of Mission for EUCAP NESTOR, to discuss how they can work together to help strengthen maritime security and economic development in Somalia. “Today’s meeting was an opportunity to demonstrate the EU’s commitment to help Somalia become a more stable and secure nation,” said the EU Special Envoy to Somalia, Michele Cervone d’Urso. “We’ve highlighted the ways the EU can help Somali maritime forces to increase their capabilities to fight piracy and other illegal activities at sea, to reinforce maritime security but also to benefit from maritime resources. The security sector, as a whole, will also be part of the ‘New Deal Compact’ that will be endorsed at ‘The New Deal for Somalia Conference’ in Brussels in September.” EUCAP NESTOR is a civilian-led EU mission aimed at enhancing maritime capacities of countries off the Horn of Africa and the Western Indian Ocean.

Piracy briefing

T

he UK Chamber of Shipping held a briefing session, hosted by Stephen Metcalfe MP, in the House of Commons

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Potential measures that arose in the briefing session are discussed in the article, including information sharing and capacity building ashore. Mr Metcalfe concluded: “I hope that the recent parliamentary event will be the first of many, providing a stepping stone for future discussions which can facilitate the creation of an environment in which our shipping industry, and our seafarers can operate free of the fear of piracy.”

ICS advises on MLC

T

he International Chamber of Shipping (ICS), whose member national shipowners’ associations negotiated the text of the ILO Maritime Labour Convention (MLC), has issued advice to shipowners to help them pre-empt port state control problems when the Convention enters into force on 20 August. The advice – contained in a brochure which can be downloaded free of charge via the ICS website – explains the measures that port state control officers are entitled to take, which will initially vary from country-to-country, depending upon the date when the port state ratified the MLC. ICS secretary-general, Peter Hinchliffe explained: “The enforcement mechanism is new and is complicated by the fact that the MLC does not actually require flag states that have ratified the convention to issue certification immediately. The ILO Diplomatic Conference which adopted the MLC

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News in 2006 also adopted a resolution agreeing that port states should take a pragmatic approach to enforcement for the first 12 months following entry into force worldwide. But it is still rather unclear how this will be applied in practice. Shipowners should therefore take sensible precautions.” Hinchliffe added: “Regardless of the progress which may or may not have been made by a vessel’s flag state, ships are required to meet the standards in the convention. Our brochure therefore seeks to explain the current situation and the measures that operators might take to demonstrate compliance, even if they have not yet been issued with MLC certification.” An important part of PSC enforcement will be the Declaration of Maritime Labour Compliance (DMLC), a part of which requires companies to complete themselves for each of their ships, and which should serve as prima facie evidence that the ship meets MLC standards. ICS therefore recommends that companies prepare, for all their ships, a DMLC Part II before 20 August, in order to minimise potential difficulties should their ships be subjected to PSC enforcement under the MLC. In the event that the flag state has not yet ratified the Convention, or has not yet issued ships with a DMLC Part I containing details of the national requirements with which ships should demonstrate compliance, ICS suggests that companies should still prepare a DMLC Part II for their fleet – even if this has to be adjusted once the flag state is ready to issue guidance. ICS suggests that companies can refer to the model contained in the ‘International Shipping Federation (ISF) Guidelines on the Application of the MLC’ which were produced by ICS last year. ICS also recommends that ships carry evidence to show they have contacted their flag state requesting inspection for compliance with the MLC and the format required for the completion of the DMLC. Mr Hinchliffe remarked: “It is incumbent on flag states, even if they have not yet ratified the ILO Convention, to provide ships with a DMLC Part I as soon as possible, as well as detailed advice to shipowners about preparing the DMLC Part II, and the particular national format and content that may be required. Our hope is that port states will indeed take a pragmatic approach, as requested by the ILO Conference. But ship operators should not take this for granted and should ensure that they are prepared for global entry into force as far as possible.”

Carnival Splendor

R

esults of a US Coast Guard investigation into the Carnival Splendor casualty have been released. Prior to its finalisation, Recommendations included that Carnival Corporation remove the 40-second time delay in the automatic activation sequence for the Hi-Fog system. This should be done in conjunction with the second recommendation which addresses immediate casualty control procedures for engine room fires. “The seconds and minutes following the ignition of a fire are crucial to the fire-fighting response. As such, failure to take quick and prompt action to extinguish a fire can lead to major, negative downstream effects,” the USCG said. “In this instance, the delay in the automatic activation of the Hi-Fog system,in conjunction with the manual reset of the fire detection system, adversely affected the system performance. If the Hi-Fog system for local protection had been activated without delay, then it is likely that the initial fire caused by the failure of diesel generator five would have been contained or extinguished at the deck plate level, thereby preventing spread of the fire to the cable runs and the total loss of power.”

engage crews that are competent to cope with technically advanced equipment and deal with an ever-growing number of ship inspections and audits. Good crew training reduces this pressure, as it is an essential element in building a competent skilled and more reliable workforce. He added, “It does, of course, need to be highquality, effective training that results in good practices. This will reduce claims ultimately directed towards owners, inspectors, charterers, managers, banks and insurers.” Vidoetel says Sonangol shipping and a subsidiary of the Angolan state oil company Sonangol, is a testament to the ‘Training Matters’ ethos with a fleet-wide policy requiring all managed vessels to have on board Videotel On Demand, the complete maritime training solution. Videotel offers a blended learning approach which allows its videos and animation, programs and courses, which are on board over 10,000 vessels, to integrate with specific company training and onshore maritime training centres. With over 800 titles and well over 100 million training hours accomplished to date, Videotel promotes the learning of hundreds of thousands of seafarers across the globe. •

Training matters

V

ideotel’s latest video, ‘Training Matters’ demonstrates that good training makes sense to the bottom line. It details how ship operators can receive a tangible return on investment with more efficient operations; fewer accidents; less off-hire time; lower insurance premiums; improved compliance with legislation and a more motivated workforce. Introducing ‘Training Matters’ to an audience of ship owners and ship managers at the Sonangol Shipping Safety Seminar in Angola in July, Nigel Cleave, chief executive of Videotel Marine International, emphasised this important message: “In today’s tough financial and litigious environment, being trained to minimum standards is clearly not adequate. Technology continues to advance and it is very important that education and training keeps pace with such changes. “Companies in all industries are doing business in a very competitive market while under constant pressure to reduce costs. In the shipping industry, however, these pressures are mounting. Ship owners and ship managers must comply with increasingly complex legislation,

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9

Nigel Cleave, CEO of Videotel Marine International

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Corporate POLICY &viewpoint FORUMS 10

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Comment

11

Jenny Carter-Vaughan

a gunshot wound after his chemical tanker was fired upon at Lagos anchorage and another five crew have been injured in attacks in this region. Fourteen crew were kidnapped from four different vessels in the first quarter of this year. Attacks of piracy and armed robbery against vessels in and around the Gulf of Aden and the Somali Basin continue to affect only a very small proportion of overall shipping. However, piracy is still a significant threat and has occurred as far as 1,000 nautical miles from the coast of Somalia. So far in 2013 there have been eight piracy incidents including two hijacks. Thirty-four sailors have been taken hostage. The reduction in incidents in this region is largely to be attributed to the intervention of international navies, which are taking an increasingly proactive approach.

Keeping safe at sea By Jenny Carter-Vaughan

P

iracy on the world’s seas is at an all-time low. Reported incidences of piracy to the International Chamber of Commerce (ICC) International Maritime Bureau (IMB) has continued to fall in 2013, even when compared with the fiveyear low of reported incidents in 2012. In 2011 439 ships were attacked. This fell to 297 in 2012, and this year’s figures show a further fall with the IMB Piracy Reporting Centre (PRC) recording 138 piracy incidents in the first six months of 2013, compared with 177 for the corresponding period in 2012. Seven hijacks have been recorded this year compared with 20 in the first half of 2012. The number of sailors taken hostage has also fallen dramatically: down to 127 this year from 334 in the first six months of 2012.

The Gulf of Guinea has seen a significant surge in piracy, with armed robbery and hijacks accounting for almost a quarter of all reported incidents in the first half of 2013. The IMB reports a surge in kidnappings at sea and a wider range of ship types being targeted. This is regarded as a significant new cause for concern in a region already known for attacks against vessels in the oil industry and theft of gas oil from tankers. Armed pirates in the Gulf of Guinea took 56 sailors hostage and were responsible for all 30 crew kidnappings reported so far in 2013. Attacks off Nigeria account for over 70 per cent of all reported incidents in the region. One crew member subsequently died as a result of

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Attacks are still frequent and are continuing, proving successful almost exclusively against shipping which has not complied with agreed shipping industry best practice on self-defence measures, including those recommendations on routing and maintaining adequate lookout. All mariners should follow the Best Management Practice for the Gulf of Aden and off Somalia. There have been a number of piracy attacks in the waters immediately off Tanzania. Pirates are increasingly attacking smaller vessels, including tourist and fishing vessels, and coming closer to shore. Sailing vessels are particularly vulnerable to attack, due to their low speed and freeboard. The EU Naval Force Somalia gives up-to-date information about attacks and pirated vessels. Two vessels that were hijacked this year were recovered by naval action before the pirates could get the vessels into Somalia, including a fishing vessel with its 20 member crew, who were all freed. Swift action of this nature is vital in reducing piracy in this area, because it prevents the pirates from profiting from their actions which serves as a significant disincentive to other criminal groups in planning similar outrages. Another factor in reducing attacks in this region has been the precautions taken by the merchant vessels. The use of privately contracted security personnel, in many cases ex-naval officers, has a dramatic affect on the vessel’s chance of securing a safe passage in this region. Notwithstanding this all vessels are under threat and seafarers must remain vigilant at all times. As of 30 June 2013, Somali pirates were holding 57 crew members for ransom on four vessels.

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Comment

12

They were also holding 11 kidnapped crew members on land in unknown conditions and locations. Four of these crew have been held since April 2010 and seven since September 2010. All mariners travelling in this area should register with the Maritime Security Centre (Horn of Africa) for up-to-date advice and guidance on passage round the Horn of Africa. They should also report regularly to the UKMTO (email: ukmto@eim.ae; telephone: +971 50 552 3215), giving their location, course and speed, and plan their routing carefully, so as to avoid placing themselves in unnecessary danger. Outside of African waters, Indonesia was the country that recorded the highest number of incidents, with 48 attacks. While these were mainly low-level thefts, vessels were boarded in 43 of the incidents and some crew members have been injured, highlighting the need for vigilance in these waters. In view of the large number of ships at sea around the world, the number of instances of piracy is reassuringly low. Mariners can reduce the chance of being a victim of piracy by taking simple precautions prior to leaving shore. The most important part of any

voyage is the planning that takes place before leaving home. Mariners should be aware of the route that they are taking and the risks which they will face along the way. All mariners intending to sail through high-risk areas should consider the necessity of their travel and alternatives. Before you leave shore identify a secure area on the vessel which attackers would have difficulty penetrating. Make sure all crew members are aware of the location of the secure area and are able to retreat to this if attacked. Hide at least one VHF transceiver somewhere on board – radios are often destroyed by pirates to prevent early alarms being raised. Brief the crew on the alarm procedure that will be used in the event of an attack. During the journey it is essential to be vigilant at all times. Be particularly wary of any small craft that appear to be going at the same speed as yours on a parallel or following course. Pirates are increasingly relying on the use of mother ships to resource their missions. Sound the alarm or fire a flare if attackers approach. As soon as you think you are at risk, radio a distress message. Keep this simple and clear state your vessel’s name and call ‘Mayday’ ‘piracy attack’. Give your vessel’s position (and time and position of UTC). If the

attackers board your vessel, complying with their demands is usually the safest course of action. It’s not advisable to carry firearms. If you do, the skipper must ensure that they are allowed by the flag state and host country. Penalties for the use of firearms can be severe in some countries and have resulted in seafarers being detained by the authorities. A robust kidnap and ransom policy is essential for trips that involve travel in dangerous waters. This type of cover won’t prevent an incident from occurring, but will prove invaluable if the worst does occur. The value in this type of cover often is the support that is provided to family and colleagues at home during the period of uncertainty, but also in the availability of funds to secure a swift release from captivity. There are a variety of K&R insurers which are prepared to offer cover throughout the world, and KR Expert is happy to advise mariners and security companies on suitable protection. • Jenny Carter-Vaughan is managing director of KR Expert, a leading kidnap and ransom insurance broker. You can contact KR Expert on 01825 745 410 if you require help or advice on any of the issues raised in this article.

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Piracy

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Somali piracy has fallen again in the second quarter

Armed pirates in the Gulf of Guinea took 56 crew hostage and were responsible for all 30 crew kidnappings reported so far in 2013. One person was reported killed and at least another five injured. Attacks off Nigeria accounted for 22 of the region’s 31 incidents and 28 of the crew kidnappings. Meanwhile, in East Africa’s Gulf of Aden and Somalia, eight piracy incidents, including two hijackings, were recorded in the first six months of 2013, with 34 seafarers taken hostage. IMB attributes this significant drop in the frequency and range of attacks by Somali pirates to actions by international navies, as well as preventive measures by merchant vessels, including the deployment of privately contracted armed security personnel.

Cause for concern Somali piracy might have fallen, but violence on the West Coast of Africa is on the increase

S

omali piracy has fallen to its lowest levels since 2006, focusing attention on violent piracy and armed robbery off the coast of West Africa, the International Maritime Bureau (IMB) said when announcing its statistics for the second quarter of 2013. Worldwide, the IMB Piracy Reporting Centre recorded 138 piracy incidents in the first six months of 2013, compared with 177 incidents for the corresponding period in 2012. Seven hijackings have been recorded this year, compared with 20 in the first half of 2012. The number of crew members taken hostage also fell dramatically; down to 127 this year from 334 in the first six months of 2012. In the Gulf of Guinea, in addition to a rise in piracy and armed robbery – 31 incidents so far this year, including four hijackings – the IMB reports a surge in kidnappings at sea and a wider range

of ship types being targeted. This is a new cause for concern in a region already known for attacks against vessels in the oil industry and theft of gas oil from tankers. “There has been a worrying trend in the kidnapping of crew from vessels well outside the territorial limits of coastal states in the Gulf of Guinea,” said Pottengal Mukundan, Director of the IMB. “In April 2013, nine crew members were kidnapped from two container vessels, one of which was 170 nautical miles from the coast. Pirates have used motherships, some of which were smaller offshore supply vessels hijacked by pirates to conduct the attacks. There continues to be significant underreporting of attacks – a phenomenon highlighted by the IMB year on year. This prevents meaningful response by the authorities and endangers other vessels sailing into the area unaware of the precise nature of the threat.”

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“The navies continue to play a vital role in ensuring this threat is kept under control. The two vessels hijacked were recovered by naval action before the pirates could take them to Somalia. Only the navies can take such remedial action after a hijack. Denying the pirates any success is essential to a sustained solution to this crime. Pirates are known to be operating in these waters. Despite the temporary protection provided by the southwest monsoon in some parts of the Arabian Sea, the threat remains and vessels are advised to be vigilant and comply with the industry’s Best Management Practices as they transit this area,” Mukundan said. As of 30 June 2013, Somali pirates were holding 57 crew members for ransom on four vessels. They were also holding 11 kidnapped crew members on land in unknown conditions and locations. Four of these crew have been held since April 2010 and seven since September 2010. Elsewhere in the world, low level thefts against vessels in ports and anchorages in Indonesia accounted for 48 attacks, of which 43 vessels were boarded and some crew injured. IMB’s report includes details of the ports and anchorages where attacks appear to be concentrated. The operation commander of the EU Naval Force, Rear Admiral Bob Tarrant, recently issued a renewed warning that Somali pirates are still determined to get out to sea and, if presented with an easy target, will attack. “I am very concerned that seafarers and nations will lower their guard and support for counter piracy operations in the belief that the piracy threat is over. It is not; it is merely contained. We should remember that at its height in January 2011, 32 ships were pirated by Somali pirates and 736 hostages were held. It is

Maritime Security International 29/07/2013 16:33


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Piracy crucial that we remain vigilant or the number of attacks will once again rise.” The admiral’s warning came days after EU Naval Force warship ESPS Rayo located a skiff with six men on board 320 nautical miles off the Somali coast. It is highly unusual to see these small, open top boats so far out to sea, so a team from Rayo went across to investigate. The six men could not explain why they had sailed so far from land, there was no evidence of trade or legal activity and Rayo’s crew found equipment on board that is commonly related to piracy. While there was not enough evidence to prosecute the men, the decision was taken to return them to the Somali coast so that they could not pose any potential risk to passing ships. Speaking about the incident, EU Naval Force spokesperson, Lieutenant Commander Jacqueline Sherriff, said: “While not possible this time, when suspect pirates are apprehended by the EU Naval Force, every effort is made to achieve a prosecution, as demonstrated in recent months by the legal transfers by the European Union of suspect pirates to Mauritius and The Seychelles authorities.” Meanwhile, IMO Secretary-General Koji Sekimizu has welcomed the signature by 22 states of the code of conduct concerning the prevention of piracy, armed robbery against ships and illicit maritime activity in West and Central Africa. The code was adopted formally by the Heads of State meeting in Yaoundé, Cameroon, on 25 June, attended by 13 heads of state from west and central African countries. The code was signed in Yaoundé by Ministers of Foreign Affairs or other delegates, bringing it into effect for the 22 signatory states: Angola, Benin, Cameroon, Cape Verde, Chad, the Congo, Côte d’Ivoire, the Democratic Republic of the Congo, Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Equatorial Guinea, Liberia, Mali, Niger, Nigeria, Senegal, Sierra Leone, São Tomé and Principe and Togo. “I am fully committed to assisting western and central African countries to establishing a workable, regional mechanism of co-operation for enhanced maritime security. Maritime development is an essential component of African development and maritime zone security is fundamentally important,” Sekimizu said, noting that the code incorporates many elements of the successful Djibouti Code of Conduct, which has been signed by 20 States in the western Indian Ocean and Gulf of Aden area, and the existing Memorandum of Understanding on the

integrated coastguard function network in West and Central Africa, which was developed in 2008 by IMO and the Maritime Organization of West and Central Africa (MOWCA). Sekimizu also called on countries to provide contributions for a new Trust Fund to be established by the IMO for the implementation of IMO Projects for maritime security for western and central Africa. The new multi-donor trust fund will support an expanded programme of capacity-building activities in West and Central Africa, to better enable the Organization to work with member states, United Nations agencies and other international and regional development partners for the benefit of safe, secure and sustainable development of the African maritime sector. The new code was developed by the Economic Community of West African States , the Economic Community of Central African States and the Gulf of Guinea Commission, pursuant to United Nations Security Council resolutions 2018(2011) and 2039(2012), which expressed concern about the threat that piracy and armed robbery at sea in the Gulf of Guinea pose to international navigation, security and the economic development of states in the region. These resolutions encouraged the states of ECOWAS, ECCAS and the Gulf of Guinea Commission to develop a comprehensive regional strategy and framework to counter piracy and armed robbery, including information sharing and operational co-ordination mechanisms in the region, and to build on existing initiatives, such as those under the auspices of the IMO.

soon into action on the water,” he said. “If these attacks are left unchecked, they will become more frequent, bolder and more violent. Co-operation and capacity building among the coastal states in this region is the way forward and urgently needed to make these waters safe for seafarers and vessels.” The IMO has been involved in technical assistance projects relating to the maritime field in the region for many years and established a regional presence in West Africa in 1999. The IMO currently has two regional co-ordinators based in Côte d’Ivoire for West and Central Africa (Francophone) and Ghana for West and Central Africa (Anglophone). More recently, the IMO has been conducting a series of “table top exercises” aimed at developing and promoting a multi-agency, whole of government approach to maritime security and maritime law enforcement issues in states throughout the region. The initial pilot exercise was held in Ghana in August 2012 with similar exercises being conducted in the Congo, Côte d’Ivoire, the Democratic Republic of the Congo, Equatorial Guinea, the Gambia, Liberia, Senegal and Sierra Leone. Funding for this work has come from IMO’s global maritime security capacity-building programme, with particular support from the governments of Norway and the US. •

Signatories to the code intend to co-operate to the fullest possible extent in the prevention and repression of piracy and armed robbery against ships, transnational organised crime in the maritime domain, maritime terrorism, illegal, unreported and unregulated (IUU) fishing and other illegal activities at sea. The aim is to share information, ensure that people suspected of illegal activities are prosecuted, ensuring proper care, treatment and repatriation for seafarers and other shipboard personnel who have been victims of illegal activity. While promoting regional co-operation, the code recognises the principles of sovereign equality and territorial integrity of states and that of non-intervention in the domestic affairs of other states. The IMB’s Mukundan, too, applauded the signing of the code. “This should be translated

Summer 2013 MSI book summer 2013.indb 15

15

Piracy: Djibouti code training

Maritime Security International 29/07/2013 16:33


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MSI book summer 2013.indb 16

29/07/2013 16:33


Security organisations

17

The association has worked hard to support the efforts of the maritime industry, as well as its members, as the complex journey towards standards and certification has progressed. The pilot program runs from June until December 2013, during which time RTI will audit a limited number of companies and compare their findings with other pilot scheme certifiers through regular meetings at the United Kingdom Accreditation Service (UKAS). It was stressed that only at the end of the year, once the pilot scheme is completed and the certifying bodies are accredited by UKAS, will PMSCs be deemed to have satisfied the ISO28007 standard. Peter Cook emphasized this and warned the industry, “If any PMSC claims to be 28007:2012 certified before the end of the year, they are mistaken.”

Pushing ahead with security standards There have been plenty of initiatives by the security industry to improve the quality of its services

T

he Security Association for the Maritime Industry (SAMI) and its certification partner, RTI, held an event to announce the launch of their pilot scheme assessing companies against the ISO/PAS 28007:2012 Guidelines for Private Maritime Security Companies (PMSC) providing PCASP on board ships. The pilot study will see RTI working with Bowline Defence, Control Risks Group, Securewest International and Zeal Global Maritime Solutions (GMS) during its first phase.

Managing director, Les Chapman stressed the company credentials based on what he termed, “a proud and hugely successful background in risk and safety consultancy and the provision of experts for serious casualty investigations, court cases and litigation”. He spoke of the teams of experienced master mariners and former military experts, who are able to work together to cross the divide between the maritime industry and the private maritime security industry. The company has also formed an independent governance committee to monitor the audit process to make sure they are fair and transparent. This group consists of leading industry figures with experience of flag registries, classification societies and leading ship owner associations.

Solace secondment

Speaking of the launch, Peter Cook of SAMI stated, “Private maritime security companies have supported the development of ISO 28007 to demonstrate their willingness and capability to embrace improved standards and to highlight their commitment to quality and well-trained professionalism.”

P

He added, “Now companies finally have a chance to put that pledge to the test and open themselves to rigorous scrutiny. We are sure that they will excel and that PMSCs within the SAMI membership will continue to keep the maritime industry safe and secure.”

The Committee is supporting the UK’s input for changes to BS EN ISO9001 which aims to eliminate misinterpretation and confusion caused

Summer 2013 MSI book summer 2013.indb 17

The RTI team was on hand to discuss the process in more depth, and took the opportunity to explain how their skills and experience support the route towards ISO 28007 certification.

rivate maritime security company Solace Global Maritime has been seconded as an industry expert from SME32 Ships and Maritime UK Committee to advise the QS1 Quality Committee on proposed changes to the international management standard, BS EN ISO9001.

Maritime Security International 29/07/2013 16:34


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cus.org

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spring 1

introduction

SPRING

2013

CONTENTS

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www.greenshippinginternational.com

as a Newport Piracy is by no means a new concept but in 1997 it News symposium on the topic pointed out an old trade. was more a question of new methods for

POLICY & FOR CorpoUMS rate viewpoint poster of a Since that symposium, with its memorable things have pirate brandishing an AK 47, took place, activity moved on and the recent upsurge of pirate signs of off the coast of Africa, which is showing no

Setting the high I

est standards

n a divided market, vessels andmaking the difabating, ensuring the safety of crews, ference is of the utmost importance – something ISN fully understands. cargo has never been so important. As a security services provider based in Germany, ISN has been providing armed

Picture 8 services security to needs companies to shipping issues that However, piracy is just one ofbytheaccompanying container and cargo ships travelling in the high-risk be tackled as far as maritime security is concerned. areas off

piracy

the East and West up almost daily,African springing and in the While new security firms arecoasts Indian Ocean. As the UK’s industry left for the partner are any personnel regulation leaving one to wonder if there and accreditation

MSI book.indb 1

MSI book.indb

and the of unauthorised through the communication boarding of warnings, evasive manoeuvres and the use of firearms when necessary. » Use of a safe room capable of housing ship personnel for up to 96 hours. The editor safe room also serves as a control Sandra Speares centre capable 527998 of controlling the QuTiatiasp “The (0) 1483 +44 time tel: eribustiur? is right ship’s course, to monitoring activity e-mail: on board the ship and communicating Dunt set some sandra.speares@mar-media.com a quibus binding with emergency niam, responders and rescue teams. » Procedures for adSAleS standards mAnAger qui sa veliatur security personnel as more sam to respond to a violent david Scott attack on board, aimed at preventing PMSCs eos eatur, e-mail: operate qui dia unauthorised with boarding and repelling david.scott@mar-media.com an attack on board the ship. unqualified quatio debit, personnel” quisit,

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COMMODITIES NORTHlAND

STEAM AHEAD

Northland Resources Fullhas started looks set to continue in the shipments iron oreofmarket to Tata Steel UK growth in the iron ore Strong Limited firstwith in Chinese imports during the first a surgefrom shipment Port of Narvik in Asia Pacific .The region, the Norway year40,000 tonnes of highthis for grade iron ore month ofwas concentrate for a customer in FE content is above Europe. the expected 69%, The cargo was Northland said. shipped by Star Norita to Tata the Netherlands Steel in where the product will be used in their pellet plant. The first shipment to lar shipments 12 to customersTata will be followed by reguin Europe, the INTERvIEW and the Far East. Middle East 16 Total shipments COST REDUCTION in 2013 are expected to amount FORwARD THINKING the issues on the agenda for to 1.5 million tonnes, increasing ACTION IN to Regulation and liquidity are just two of about million EFFICIENCy a rate of tonnes talks to GFI senior4futures per regulations at improving the energy efficiency of aimedtonnes or 350,000 FFA brokers going forward. Sandra Speares month, As newyear, of the third quarter head by per taking Ed Radcliffe and of 2014. and options broker and FFABA chairman shipping take effect, what steps are shipowners international n the rules? wet freight Will Leslie to ensure that they are compliant with CHINA

All the latest news, views, company moves, conference updates

RightS hip: in troduc in

Publisher: W H Robinson Editor: David Hughes

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SHIPMENTS COMMODITIES

NEWS

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IN BRIEF...

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Vessel protection in the Gulf of Guinea up is inevitable A proven concept In response to the to provide the highest tremendous level of quality service toagainst the ISN’s concept demand, ISN recently ship owners. of operations announced that seafarers and ships are protected for it protecting cargo will also offer vessel ships is based protection in the issues as drug on that suchservice the following: Gulf of Guinea. dangers and difficultiesIndividual Despite the prevalence ISN develops safety of maritime piracy As » A prerequisite of physical and represent. off the Nigerian security constowaways and of for cepts smuggling and carriage coast and in the technical security ship owners worldwide. wider Gulf of Guinea, measures, individual services piracy in this region including razor by: isolatedOur Published morefrom wire, physical move into ever range tends to receive offshore installationsconsulting merely less public attention protection of sensitive via on-board audits than in the Horn areas up and to the the and of operative installations Africa and the Gulf physical barriers of those deployment environments, security to prevent access of armed escorts. of Aden. 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pioneers some of these issues andin full view of the further team. be looking to explore weForwill in maritime security. tel: +44 (0) 20 7386 6100 here ‘flag information visit: shoulend of ensuring the Fax: +44 (0) 20 7381 8890 the sharp d follow www.isn.eu.c that areoffat the talk to people om Horn of Africa trade’, the e-mail: inbox@mar-media.com that trade instab a physical,recent spate www.maritimesecurityinternational. from(HOA) whether can contin ilityplayers, industry safety of all safeg and of piracy ue irresp has shatte uard sea the intern red anynet ective hijack ationa lanes. ings. belief of a coast l comm legal or technical perspective. clear cause this compa unity al nowhere has strug state’s for conce red to 25 incide is gled rn. prevalent the lack of nts for to any coher the whole than in Ship-o provide wners the gulf ent mariti of 2011 highly of guine the “smas are under gives prized a clear security standa Security a (gog) meInternational Maritime resour Summer 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in China, one question is As the FFA market continues to develop to participate in FFAs stay on whether Chinese businesses that want companies – or go offshore shore and make their trade with local

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selected (European) personnel » Regular intelligence and piracy reports » Vessel hardening to prevent hostile boarding » PubliSher Crew security training and drills » W Modern, h robinson effective and registered weapon systems

of private As Germany’s security providers, have all moved ADS isinto Standfirst leading Forces or if they to introduce a in UK Special set of standards for the provision maritime security equation.of privateonly of the partboth security, private sector, these are on land and at the sea. services The same process provider, has maritime andbeen initiated by flag states the German managers, insurers, Owners, government which ISN Internation is workal ing on regulations for vessels sailing mix. all part of the Security charities are under the German Network flag. The time is right meets clients’ to set some binding standards as more and more needs security of PMSCs running for thewithsafe theis vitaloperate Maritime with unqualified personnel and/ highest standards or illegal weapons. that shakeA market anda to ensure installations,At

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MSI book summer 2013.indb 18

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Security organisations

by the existing wording of the standard. Although the planned changes will not come into effect until 2015, it is likely to be one of the most significant changes seen to the standard since its move from BS 5750 in 1987. Having obtained certification to BS EN ISO9001 in July 2011, Solace has maintained its commitment to integrated management systems, with certification to OHSAS 18001 and BS EN 14001 following in 2012 and its involvement in helping to develop ISO/PAS 28007, Guidelines for Private Maritime Security Companies. The company is well positioned to support the maritime security industry and will continue to act as an important line of communication between the committee and industry members of SCEG, the Security in Complex Environments Group.

Sea Marshals’ general manager, Steve Collins, was delighted with the approval: “We have worked hard over the past 12 months to ensure that our systems and processes meet the everincreasing demands of the flag states, clients and ship owners. Our approval for this licence is another justification for our company’s approach to ensuring we implement best practices when and wherever possible. “The licensing process was certainly challenging,” says Collins, “and great credit should go to the Department of Merchant Shipping for their commitment to the process and ensuring that it is not simply another ‘paper review’ process. We now look forward to being able to assist our clients whose Cyprus Flagged vessels require protection.”

19

Flare up

R

amora UK, one of the UK’s leading bomb disposal companies, repeated its distress flare disposal service for sailors taking part in this year’s Aberdeen Asset Management Cowes Week for the third year in a row. The disposal of out-of-date flares is a growing problem for sailors who face severe penalties if they fail to follow the correct procedures. As has been the case for the last few years, Ramora UK is offering a safe, legal solution to the problem. Ramora UK have helped to develop and implement official explosive related procedures which are now accepted as best practice throughout the industry.

Solace’s quality, safety, health and environmental manager Tony Hanson states: “Implementation and management of standards in emerging markets poses many problems, including expertise and knowledge for application of standards. In my 20 years of systems development and maintenance to comply with standards, I have seen how many end users fail to interpret the requirements of a standard in the same way as a certification body assessor and it is a barrier I am keen to help break down. “The challenge for committees affecting change comes from the wording and intent of standards which everyone views differently,” believes Hanson. “It is crucial that standards are developed or revised to eliminate myths and mysteries providing clear understanding and interpretation for the end user.” Solace’s chief executive David Peach added: “Solace continues to invest heavily in compliance systems. Our reputation and that of our customers is paramount and through this commitment we are also able to help support our industry.”

Sea Marshals

U

K-based PMSC Sea Marshals has been issued with the Republic of Cyprus Private Ship Security Company Certificate. Issued by the Cypriot Department of Merchant Shipping, the certificate allows Sea Marshals to embark armed security teams on Cyprus flagged vessels for protection in the High Risk Area.

Summer 2013 MSI book summer 2013.indb 19

Maritime Security International 29/07/2013 16:34


Bluestone SAMIAd_2013_Bluestone Maritime Ad 6/15/13 4:04 PM Page 1

When Frontline Security Needs Backup They Turn to Bluestone

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al

Security organisations Ramora UK’s national explosive safety scheme (NESS) improves awareness, offers advice, training and practical disposal services and equipment, which in turn improves safety, reduces risk and equips pyrotechnic users with the knowledge and capability to deal with miscellaneous pyrotechnics (MPs) with minimum risk and allowing then to protect people and assets.

The document addresses security management system elements such as resilience; planning; resources; training and awareness; and communication and documentation. It outlines operational requirements for dealing with issues such as: scene and casualty management; incident reporting and investigation; health and safety; and customer complaints.

David Welch, Ramora UK’s managing director, commented: “We are delighted to participate at Cowes Week for the third year running. The collection and disposal of these potentially dangerous items is vitally important to public safety and should be dealt with by experts; we are proud to provide this compliant service to competitors and members of the public.”

ISO/PAS 28007 also includes recommendations for performance evaluation such as monitoring, audits, management and continual improvement. Implementation will help security companies demonstrate their ability to provide PCASP on board ships.

Port 2 Port

P

ort 2 Port Maritime reports good progress through the Pilot for ISO/PAS 28007. Having successfully completed Stage 1, it is now undertaking Stage 2 of the pilot: the verification of how the company conducts its operations covering all aspects from the operational headquarters right through to service delivery embarked on the vessel and post transit procedures. ISO 28000 is based upon a management system for the delivery of risk management services and mirrors much of the process contained in ISO 9001.

Roger Thompson, general counsel and head of compliance for Port 2 Port Maritime said, “We are very pleased with the steady progress through another ISO process. The company is completely committed to ISO 28000 and we are finding this exceeds our expectation in maintaining the extremely high standards we promote. To be assessed against this globally recognised standard across all our processes is a worthy benchmark, which we will achieve.” Varney added, “The recent issue of alleged forged certificates held by some private security operatives highlights the obvious need for a strict management process that identifies these types of shortfalls and mitigates against the impact to the client. Ship owners promote high standards throughout the supply chain, we in the risk management

21

sector must reflect this and uphold internationally recognised standards, such as ISO 28000.’

Seagull make the grade for North

S

eagull Maritime Security has successfully completed the Gray Page vetting program for the North of England P&I Club and can officially provide PCASP to members of the North of England P&I Club. “This milestone exemplifies Seagull’s commitment to the provision of quality security practitioners tasked with securing commercial ships transiting through the High Risk Areas,” the company said.

New rules for German flagged vessels

P

rotection Vessels International (PVI), part of Protection Group International, has welcomed new, tighter accreditation criteria for PMSCs working on German-flagged vessels, saying that the changes would lead to increased professionalism. PVI also announced that it is working with German maritime and legal experts to provide additional inhouse training to more than 100 of its operatives in order to meet new standards being set by the Federal Office of Economics and Export Control (BAFA), with compliance checks undertaken by the Bundespolizei.

Andrew Varney, managing director of Port 2 Port Maritime said, “This is excellent news and indicative of our commitment to this process. Ship owners and charterers should draw comfort from the fact that the maritime security sector is now adhering to the high standards the shipping community upholds throughout the delivery of risk management services.” The ISO Publicly Available Specification 28007, as part of the ISO 28000 Security Management System family, establishes the internationally recognised guidelines for PMSCs providing PCASP on board ships. ISO/PAS 28007 is the only published international standard dealing with armed guards on ships. The document contains essential information for private maritime security companies, and for ships selecting service providers. It also outlines sectorspecific requirements for applying ISO 28000:2007, Specification for security management systems for the supply chain, to private maritime security companies. Compliance with ISO/PAS 28007 is therefore acknowledged in a certification to ISO 28000.

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Corporate viewpoint POLICY & FORUMS 22

Strength and security

C

Claymore Security Solutions offers a range of high-quality, cost-effective options, however challenging the environment

laymore Security Solutions provides a broad spectrum of high quality “hard” and “soft” security solutions, protecting both personnel and assets. We operate within the most challenging and austere environments around the globe. Our security teams are confident and practiced in operating, on land and at sea. The security solutions we offer include: • Anti-piracy transits • Port and vessel security • High value asset and personnel transit • Close protection • Security assessments and risk mitigation surveys • Unmanned aerial vehicle (UAV) surveillance • Security consultancy • Investigation • UK operational reachback 24 hours a day We utilise highly-trained and welldisciplined ex-UK military, all of whom have operated within hostile operational environments, including multiple maritime transits in high-risk areas, such as Africa, Iraq, Afghanistan and the Balkans. All of our security personnel are fully security vetted and abide rigidly to the UK and international rule of law. Our security teams are well resourced and fully supported when deployed in an operational theatre. They utilise the latest available technology, including high-speed and broadband satellite communications.

All transits have reachback to the UK operations team. When required, the team has the ability to set up a 24/7 operations room to support unforeseen emergencies. We focus on our client’s requirements, delivering a bespoke solution for each client. Our overarching aim is to ensure that there is minimum impact on the customer’s core business operation. Throughout the contract, we remain focused on the customer’s needs and, if required, flex our solutions to match changing requirements. While we offer value for money, we will not compromise on quality or service delivery. We will always maintain compliance with the rule of law and operate in an honest and ethical manner. Before our people deploy on an operation, they are fully briefed and receive a comprehensive overview of the current intelligence picture. Security operatives must maintain currency with primary and statutory legislation and follow the best management practice and recommended industry operational procedures. We actively collaborate with industry partners and customers to ensure that our security personnel maintain operational currency at all times. Claymore’s senior management team has a law enforcement/intelligence and military background, with over 30 years’ experience operating at the highest level of command. The company management

team maintains close working relationships with industry, UN agencies, government agencies, non-government agencies, coalition forces and regional/ international law enforcement agencies to regularly review operational policy and procedures and to develop new legislation.

The ‘Claymore’, meaning Great Sword, was used by Scottish Highlanders in warfare from 1400 to the early 1700s

Claymore was initially established in 2011 to deliver maritime security. Since then, the company has evolved to deliver a more comprehensive security service, including land and oil and gas solutions. Claymore Security Solutions is a UK company with very strong Scottish roots – our head office is located in George Street in central Edinburgh.

For more information, contact: Tel: 0131 560 1000 Web: www. claymoresecuritysolutions.com

CL AY M O R E S EC U RIT Y S O LUTION S

Claymore’s security teams are fully security vetted and utilise the latest available technology

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Security organisations Despite consternation amongst some PMSCs that the changes to German law pertaining to maritime armed guards has been overly challenging, PVI said that the company had found both the BAFA and Polizei Hamburg proactive and knowledgeable when providing direction and support during the accreditation process. Eric Conway, managing director PVI’s commented: “PVI is one of the largest providers of armed security to the German marketplace, with the greatest operational footprint of any PMSC within high-risk areas. As such, PVI welcomes the tougher regulation and remains wholly committed to maintaining this position and protecting German-flagged vessels after the new legislation comes into force on 1 December of this year. Working with Marine Risk & Quality of Lampe & Schwartze Group to meet all of the criteria set out by the German authorities, PVI is already well advanced in the process to achieve accreditation and – despite criteria exceeding any existing regulation – rates will remain consistent.

23

”As well as providing shipowners, their crew and cargo owners with greater assurance when transiting high-risk areas, accreditation such as this presents great opportunity to those who aspire to the very highest of standards and is only a risk to those unable to undertake the challenge. Accreditation that recognises and rewards professionalism, quality and excellence is to be applauded and embraced.

will continue to take a leading role in promoting regulation and high standards within the industry, which is why we are also one of only a handful of PMSCs taking part in the ISO 28000/28007 accreditation process.”

“As part of the new certification processes being instilled in Germany, training standards form a key area and include required knowledge and skills relevant to the German public, such as: civil and criminal laws, including width and limits of right of self-defence, crisis handling, de-escalation techniques and the secure handling of weapon and equipment.

PVI has recently been recognised by the Sunday Times International Track 200 as the third fastest growing UK company based on its international sales.

”The maritime security industry is rightly being continually asked to raise standards and PVI believes that this is central to securing the confidence of the shipping market. As such, we

Germany is ranked third behind Japan and Greece in terms of total capacity, and number one in the container ship segment.

International Track 200 ranks the UK’s mid-market private companies with the fastest-growing international sales over a two-year period. Typical International Track 200 companies have a minimum sales threshold of £25 million, employ between 50 and 1,000 people, with international sales growth ranging from 20 per cent to 500 per cebt per annum. PVI recorded sales grew substantially over the period. PVI employs 130 staff at its key sites in London, Tiverton, Devon, and Caddington, Bedfordshire, and contracting over 500 private maritime security operatives, predominantly protecting ships transiting the Gulf of Aden and the Eastern Indian Ocean It only employs former Royal Marines with a minimum five years’ experience. Sir Tim McClement, chairman of PGI, of which PVI forms a part commented: “Recognition from the Sunday Times International Track 200 is a reflection of the incredible hard work and dedication that has been put into ensuring PVI has developed as a bastion for the highest standards of professionalism, security, and health and safety in a marketplace where there is no room for half measures or complacency. ”It is these standards, coupled with exceptional personnel, a fusion of intelligence sources and analysis, and cultural and tactical appreciation, supported by a world-leading logistics and operations centre and built on robust contingency planning that sets PVI apart. It is this devotion to professionalism that we believe is fundamental to our success and the associated growth of the company.” •

Summer 2013 MSI book summer 2013.indb 23

Maritime Security International 29/07/2013 16:34


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Legal

25

Virginia to stand trial for his participation in the two piracies. A jury convicted him on 15 counts, and he was sentenced to multiple terms of life imprisonment. On appeal, Shibin contends that the district court erred by refusing firstly to dismiss the piracy charges on the ground that Shibin did not act on the high seas and therefore the court lacked subject-matter jurisdiction over those charges. Secondly his counsel argued that charges be dismiss all counts for lack of personal jurisdiction because Shibin was forcibly seized in Somalia and involuntarily removed to the US. Thirdly he argued for dismissal of the non-piracy counts involving the Marida Marguerite because “universal jurisdiction” did not extend to justify the US government’s prosecution of those crimes.

Denied appeals The US courts have delivered a judgment in a piracy appeal, while the Philippines rules on crew deaths on shore

T

he US Court of Appeals for the Fourth Circuit, has rejected an appeal by Mohammad Saaili Shibin on charges relating to the hijack of the Marida Marguerite and the sailing vessel Quest.

According to the court papers, on 8 May 8 2010, Somali pirates seized Marida Marguerite, a German merchant ship, on the high seas, took hostages, pillaged the ship, tortured her crew, and extorted $5 million ransom from her owners. Shibin, while not among the pirates who attacked the ship, boarded it after it was taken into Somali waters and conducted the negotiations for the

ransom and participated in the torture of crew as part of the process. On 18 February 2011 Somali pirates seized the US sailing vessel Quest on the high seas. A US Navy ship communicated with the pirates on board in an effort to negotiate the rescue of the ship and her crew of four Americans, but the pirates referred the Navy personnel to Shibin as their negotiator. When the Navy ship sought to bar the pirates from taking the Quest into Somali waters, the pirates killed the four Americans. Shibin was later located and arrested in Somalia and turned over to the FBI, which flew him to

Summer 2013 MSI book summer 2013.indb 25

Fourthly, Shibin argued for the exclusion of FBI Special Agent Kevin Coughlin’s testimony about prior statements made to the agent by a Somalispeaking witness through an interpreter, because the interpreter was not present in court. The judges hearing the appeal concluded that the district court did not err in refusing to dismiss the various counts of the indictment and did not abuse its discretion in admitting Agent Coughlin’s testimony. As Marida Marguerite was making way in the Indian Ocean on a trip from India to Antwerp, and was preparing to join a protected convoy to transit the Gulf of Aden, she was attacked by Somali pirates in a small, high-speed boat. Marida Marguerite was manned by a crew of 22 from Bangladesh, India and the Ukraine, and was carrying a shipment of benzene and castor oil. Several months later, on 18 February 2011, as a US sailing vessel, Quest, was making way from India to Oman as part of an international yacht rally a group of Somali pirates hijacked the ship. The ship was crewed by four Americans The pirates, carrying automatic weapons and a rocketpropelled grenade launcher, boarded Quest in the Arabian Sea, roughly 400 miles from Oman and 900 miles from Somalia. The pirates planned to take the ship back to Somalia, where Shibin would negotiate a ransom. The US Navy learned of Quest’s seizure, and several Navy ships began shadowing it. Navy personnel were able to establish bridge-to-bridge

Maritime Security International 29/07/2013 16:34


Corporate viewpoint POLICY & FORUMS 26

Means to a successful end

A

For more information, contact: Stephen L Bluestone Managing Director slb@bluestonelaw.com Zachary Bluestone Director mzb@bluestonelaw.com 4405 East-West Highway, Suite 402 Bethesda, Maryland 20814, USA Tel: 001 301 656 0230 Web: bluestonelaw.com

First step: due diligence Before you enter into a relationship with a shipping company or other party relating to maritime security services, check the company’s business and financial circumstances. This can be done through numerous online databases, collection agents located in countries and cities around the world and even with an internet search. Lawsuits, judgments, liens, bankruptcies, security filings and other information is often quickly available and at low cost, depending upon the country of your party’s business operations. Second step: a credit application Any business transaction in which one party extends credit to another is a cred-

it transaction worthy of the relationship being commenced with a credit application. This is your last chance before signing a contract to receive important information about the other party. What you find out should help you in making the business decision as to whether you will be paid after your services are finished and your invoice is sent. With a well-drafted application, you will have information about your contracting party, such as the formal name, place of incorporation, complete address and names of the principal stockholder, directors and officers, including home addresses and contact information. But, if dealing with liability against a shipping company, which parties do you need for complete liability? Is it the corporation that owns the ship itself, or the management company for the ship, or the parent company that owns the fleet? The best advice is to obtain all possible parties as liable parties to the extent that you are able to. You will have vital information about a parent company as well as the other parties, which you should demand be agreeable to guaranteeing the obligation of the principal party. If your contracting partner is a small-time operator, insist on a personal guarantee by the major stockholder and the directors, including full names and contact information. You will have bank and trade references with the right to contact them for a reference as to whether you would be dealing with a solvent partner or one whose finances are illusory. Your references request should include the name of the other party’s accountant, with contact information, also with the right to contact her/him as to the company’s financials. Another feature you can include with your credit application is a request for

photographs of your party’s facilities. While this is often called a site visit, with an investigator dropping by your party’s address to ensure it exists and taking photos to send to you, legitimate photos provided by your party may be sufficient. The credit application should contain language to the effect that the information provided in the application is accurate and complete and is given for the purpose of securing your agreement to the extension of credit. The reason for such language is that if it later turns out that the information is not accurate or complete, you have a fraud claim through which you may be able to sue the individuals behind the company. This can be a very valuable tool in the event of a disappearing partner company. To give value to the information you will receive in the application, it is, of course, necessary that it be signed by authorised individuals in their proper capacities as directors, officers, or as individuals acting as guarantors. Your objective The above recommendations are all pre-contract and allow you to choose not to do business with your prospective contracting party. The more information we can obtain before a certain decision needs to be made, the easier it is to make that decision. While due diligence and a credit application are mundane, if $20,000, $48,000, or $90,000 are important sums you would not enjoy losing, heed these recommendations. Another way of looking at it is that men and women are putting their lives on the line to provide maritime security. It is dangerous work – and, at the least, you should be paid for providing this valuable service.

Cashflow can be one of the most complex tasks a business has to manage, particularly when a debt becomes problematic. Thanks to the professionalism and skills of Bluestone Law, we no longer have those worries and are delighted to be working along side a SAMI affiliated partner

When approaching a new relationship, PMSCs should take heed of the advice from Bluestone Law International to ensure a positive outcome

s an American law firm specialising in global debt recovery, we represent such clients as the US government, international banks, export credit agencies and an array of international creditors – and see the worse case scenarios of breached transactions. Considering our representation of PMSCs and the continuing downward trending by the struggling shipping industry, we would like to offer some ways in which you, as a PMSC, can minimize your risk in doing business with shippers as well as other parties in the maritime security industry. In approaching a prospective new relationship, you should bear in mind that you are in a virtually new industry, with new players aiming to secure a foothold, setting up operations on a shoestring and dealing with shipping companies, all of which bitterly regret the need to hire outside vendors to provide ship security – as well as to pay for it.

A UK PMSC client Stephen L Bluestone, Managing Director

Worldwide Collection Services

Maritime Security International MSI book summer 2013.indb 26

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Legal

27

radio communications with the six pirates, who told the Navy that they lacked the authority to negotiate and their job was to capture vessels and hostages, and return them to Somalia where their Englishspeaking negotiator would arrange a ransom. As the pirates and Quest continued towards Somali territorial waters, the Navy asked the pirates for their negotiator’s name and contact information. The pirates replied that the person to contact was Shibin, and they provided the Navy with Shibin’s mobile phone number. By the morning of 22 February 22 2011, as Quest was nearing Somali waters, Navy personnel advised the pirates that they had to stop. When the pirates did not comply, the Navy attempted to position one of its ships to block them prompting the pirates to fire a rocket-propelled grenade at the Navy. As the Navy closed in the pirates shot and killed all four Americans on board.

Shore leave death case

T

he Philippines Supreme Court has ruled that a crewman’s death whilst on shore leave was not compensable as it was not work-related. (Susana R. Sy vs Philippine Transmarine Carriers Inc and/or SSC Ship Management Pte Ltd), the Standard Club has reported. A Filipino crew was discovered to have drowned in a river whilst on shore leave. The crewman’s widow filed a claim for death compensation, arguing that her husband had died during the course of his employment, the Club explains. The Labor Arbiter awarded death benefits to the crewman’s widow under the Philippine Overseas Employment Administration standard employment contract (POEA SEC) and this decision was affirmed by the National Labor Relations Commission (NLRC). The Court of Appeals reversed the decision, and the claimant appealed to the Supreme Court. The Supreme Court held that the claimant was not entitled to death benefits. The POEA SEC relevantly provides that in order for disability or death to be compensable, it must be work-related and arise during the term of a crewman’s employment contract. The Supreme Court ruled that although the crewman’s employment with the respondent continued whilst the crewman was on shore leave, his death was not workrelated and, therefore, was not compensable. At the time of his death, the crewman was in no different a position to any other person who might have suffered the same mishap. •

Summer 2013 MSI book summer 2013.indb 27

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Regulation

28

enough, and we strongly believe that these rules can and will deliver to the betterment of all.”

SAMI founder and security director Peter Cook

The rules have undergone stringent operator, commercial and legal scrutiny from across the maritime industry and at the core is the basic principle of the individual right of self-defence, itself a universal concept, which can now be tied into a formal audit trail to prove the proper steps have been applied in protecting life at sea. SAMI stresses that the rules do not provide immunity from prosecution, but they do provide some form of defence of actions if things go wrong. Concerns have been raised in the past not only on the issue of using disproportionate force, and the fear that the master or owner of the vessel may be deemed to be complicit in a “joint criminal enterprise” if excessive force is used. While the rules have yet to be tested in a court of law, they are undoubtedly a step in the right direction.

Ruling class T

Maritime Labour Convention

The security industry is gearing up for the entry into force of the Maritime Labour Convention, while new rules for the use of force are now out

L

ong-awaited 100 Series rules for the use of force were published in May and have been welcomed by the Security Association for the Maritime Industry (SAMI). The rules, authored by barrister David Hammond, are the result of an extensive consultation period across the shipping industry, and SAMI, along with BIMCO, the International Chamber of Shipping and the Marshall Islands flag administration, has been working closely on the rules’ development. “SAMI has long seen the 100 Series RUF as a vital pillar in the provision of maritime security as it represents another key milestone in the acceptance and assimilation of security into the shipping industry,” the organisation said. The rules are intended to be the first international model set of rules for the benefit of and use by the entire maritime industry. While they will not

provide any form of indemnity or immunity against civil or criminal liability when force has been used unlawfully, there is now a model against which privately contracted armed security personnel (PCASP) may be professionally trained, companies audited and operator actions measured and judged by competent authorities.

According to SAMI, the convention will make a difference as far as the security industry is concerned. Some flag states, such as the UK, have stipulated that they will be considering security personnel as seafarers as far as the convention is concerned and this view is shared by the International Transport Workers Federation.

SAMI has long been pressing the case for model rules and even as myths and misconceptions arose, the association maintained its strong support and backing for the project.

Other flags have taken a different view, SAMI says, encouraging owners to classify security personnel as supernumeries. “There appears to be some confusion and a lack of clarity and this is a major concern.”

According to SAMI founder and Security Director Peter Cook: “SAMI believes rules for the use of force are vital to protect operatives, seafarers, and even pirates, as they ensure that maritime security actions are reasonable, necessary and proportionate”.

SAMI is pushing forward with research on the topic and is working with law firms and flag states to ensure that “private maritime security companies are aware of any obligations they may have as employers.

“We took the decision to support the development because the guidance of the past simply wasn’t

“There will undoubtedly be more twists and turns and some serious headaches for any company not

Maritime Security International MSI book summer 2013.indb 28

he entry into force of the Maritime Labour Convention in August has also raised some issues for companies operating in the maritime security industry, according to SAMI. As SAMI pointed out in its online magazine The Bridge, the convention covers a wide range of topics relating to seafarers, including employment rights, social conditions, wages, national insurance, health, age restrictions, shore leave, minimum sizes of crew accommodation, food, repatriation and medical care, to name but a few of the categories.

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Regulation

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The MSC has discussed a range of safety options

»

»

»

prepared for the arrival of the new requirements or who may have made mistakes in their preparation.”

SOLAS changes

C

hanges to the regulations relating to the Safety of Life at Sea Convention were on the agenda at the Maritime Safety Committee (MSC) meeting at the International Maritime Organization in June.

The MSC adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS) relating to passenger drills, discussed recommendations arising from the Costa Concordia incident and considered matters related to piracy and armed robbery against ships and other items submitted by the IMO sub-committees. The MSC adopted amendments SOLAS regulation III/19 to require musters of newly embarked passengers prior to or immediately upon departure, instead of “within 24 hours”, as stated in the current regulations. The amendments are expected to enter into force on 1 January 2015. Following discussion in an MSC working group on passenger ships safety, the Committee approved revised recommended interim measures for passenger ship companies to enhance the safety of passenger ships, including new recommendations relating to harmonisation of bridge navigational procedures across a fleet or fleets; securing of heavy objects (procedures to ensure securing of

heavy objects to be incorporated into the safety management system); stowage of life-jackets (including stowage of additional life jackets near muster stations); extending the use of video for passenger emergency instruction notices; and following voyage planning guidance in the case of any deviation. Referring to the investigation into the Costa Concordia, MSC wants Italy to provide more information regarding its recommendation for a double skin to protect watertight compartments containing equipment. The committee also endorsed the view that the role of shore-side management is critical to the proper development and function of an effective safety management sytem and suggested member states consider the mandatory application of evacuation analysis to non ro-ro passenger ships. The Italian authorities have recently issued their report into the accident in which 32 people lost their lives and a number of its recommendations were debated at MSC. Other matters covered at MSC included: » Amendments to SOLAS regulation III/19, on emergency training and drills, to mandate enclosed-space entry and rescue drills, which will require crew members with enclosedspace entry or rescue responsibilities to participate in an enclosed-space entry and rescue drill at least once every two months. Related amendments were adopted to the

Summer 2013 MSI book summer 2013.indb 29

International Code of Safety for High-Speed Craft, the Code for the Construction and Equipment of Mobile Offshore Drilling Units and the Code of Safety for Dynamically Supported Craft. The amendments are expected to enter into force on 1 January 2015 Amendments to the International Convention for Safe Containers (CSC), 1972, to incorporate amendments to the CSC Convention adopted in 1993 by resolution A.737(18), which have not yet entered into force, including amendments relating to the safety approval plate and to the approval of existing and new containers with amendments are expected to enter into force on 1 January 2015 Amendments to the International Management Code for the Safe Operation of Ships and for Pollution Prevention, including a new requirement for the Company to ensure that the ship is appropriately manned Amendments to the International Maritime Solid Bulk Cargoes Code (amendment 02-13), including a new nickel ore schedule. The MSC also approved related circulars on early implementation of amendments (0213) to the International Maritime Solid Bulk Cargoes Code; guidelines for the submission of information and completion of the format for the properties of cargoes not listed in the IMSBC Code and their conditions of carriage; guidelines for developing and approving procedures for sampling, testing and controlling the moisture content for solid bulk cargoes that may liquefy; and a revised list of solid bulk cargoes for which a fixed gas fire-extinguishing system may be exempted or for which a fixed gas fire-extinguishing system is ineffective.

The Committee expressed its concern over the level of piracy and armed robbery against ships off the coast of West and Central Africa. In a report by MSC It was noted that the maritime safety, security and law enforcement challenges in the region all have broadly similar solutions, including: comprehensive legal frameworks; maritime situational awareness; maritime law enforcement capability; and inter agency co-operation on both the national and regional levels, thus the MSC welcomed the development of the new code of conduct concerning the prevention of piracy, armed robbery against ships and illicit maritime activity in West and Central Africa, that was adopted recently. The IMO Secretary-General also announced the establishment of a new multi-donor trust fund to support an expanded programme of capacity-building activities in West and Central Africa. •

Maritime Security International 29/07/2013 16:34


Corporate viewpoint POLICY & FORUMS 30

Core strengths mean success

C

By concentrating on what it does best SEC4 Global Projects guarantees expertise, experience and peace of mind

For more information, contact: SEC4 Global Projects GmbH PO Box 20 18 22 80018 München - Germany Tel: +49 89 330 668 210 E-mail: info@sec4.de Website: www.sec4.de

urrently, we are experiencing uncertain times here on the German market. Because of the enduring economic crisis, many shipping companies have reached their financial limits. We currently have excess capacity in container ships, which has led to a charterer’s market because their leverage is continuing to grow. A reduction in the number of attacks in the Indian Ocean indicates that there has been an improvement in the piracy situation there. Political sources report that Somalia is slowly becoming more stable. Somalia itself is interested in obtaining part of the natural resources found off the coast of East Africa, which can only be achieved by stabilising the political and security situation at home. An increasing number of vessels are now making the transit journey through the Gulf of Aden and are also travelling to ports in East Africa with drastically reduced protection resources. In West Africa, everyone is calling for protection. The difficulties here are a result of the highly diverse domestic regulations of the countries involved. Another important factor is that the individual countries want to obtain for themselves a large slice of the pie. In addition, the piracy tactics in West Africa are different. In contrast to the Indian Ocean, the vessels are not lost for a long time because the ransom money negotiations are normally short and carried out from hiding places on land. So far, there has been no agreement among the shipping companies and the charterers on paying for the necessary protection, with both parties avoiding taking up a clear position for as long as possible. In the light of current market conditions, this is not surprising. Security firms in Germany that wish to continue offering maritime protection

next year are now in the middle of the certification process that became law. The machinery of the state moves more slowly because a number of different bodies are involved, and the operations also have to be legally watertight. We can now ask if this certification has come too late, in that the peak period for maritime security operations seems to have come to an end. Is this the right approach in view of the situation described, the stagnating market in the East and a market in West Africa that does not seem to be getting off the ground? Lines of action SEC4 Global Projects has been providing operational security in the maritime field since 2009, but in the light of the conditions that have been roughly described above, we are also considering a number of alternative lines of action. Even if in recent years operational security services on vessels in the Indian Ocean has been the segment that has generated the highest turnover for us, we also offer other areas of operation of greater or lesser importance. When the demand for operational protection was high in 2010 and 2011, we quickly came to the decision that we should not try to grow too fast. It was our policy to take one step at a time and to ensure in this way that the quality that we introduced on the ships would also remain at the same high level. Even today, we have a manageable number of clients and an equally manageable number of ships. Most of our work is on vessels of regular shipping lines and here the important thing is for the team to set an example in the way it conducts itself and accordingly to convince the master of the ship that in an emergency, he will receive advice from people with expertise, experience and

Maritime Security International MSI book summer 2013.indb 30

common sense – and that this advice can be followed with confidence. The security team and the crew of the ship don’t just spend a week together – it’s often a period of two months or more. We have remained true to our policy and employ a large number of permanent staff, most of whom – with a few exceptions – are German. Although we have grown as a company, we are still a relatively small player on the market, and will probably remain so. However, this enables us to concentrate on our core strengths of showing flexibility when routes change rapidly, providing our clients with a reliable service and operating in a spirit of co-operation. As a result, in spite of uncertain times, we have no doubt about the decisions we are taking. We are continuing with our strategy, accepting the challenges and opening up new markets. For our maritime division, the targets have been set. We will obtain German PMSC certification and offer concepts for protection against piracy in West Africa. For this, the workload and the investment we have taken on in recent months has been considerable. As a result, we have put comprehensive security concepts in place for the entire Gulf of Guinea and are currently working on greater time and cost efficiency in this region. In the final analysis, the most important factor in any operation is the people involved: on the one hand the men and women on our staff who carry out demanding tasks in a spirit of loyalty to the company, and on the other hand the crews who work on the ships and are grateful we are there to protect them. If you are interested in our services we look forward to hearing from you. You will find that reliability, straightness and integrity are very much part of the way we do things.

Summer 2013 29/07/2013 16:34


Kidnap and ransom

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Tom Brown, managing director of specialist kidnap and ransom insurers Seacurus

The motivation for a kidnapping varies – from political or ideological motivators through to greed. Victims are chosen based on their perceived wealth or that of the company they are employed by – or to make a political or ideological statement. Kidnapping can also be a random act and, in many countries, Westerners simply stand out as being rich – so often unsuspecting tourists or business people are simply in the wrong place at the wrong time.

Preparation pays Kidnapping presents a real risk to maritime workers and travellers, which means having crisis management plans ready is vital

K

idnap, and more particularly ransom, was one topic at the recent G8 summit. While administrations such as the US and the UK are keen to make it illegal, there remains the question of what other alternatives there are to ensure the release of hostages. After the recent G8 summit Tom Brown, managing director of kidnap and ransom insurers Seacurus, commented: “Leaders at the G8 summit have rallied around calls to ‘stamp out’ ransom payments to terrorist groups. British Prime Minister David Cameron has announced that up to $70 million is estimated to have been paid to free Western hostages in the last three years – an average of $2.5 million (£1.9 million) for each captive, and that a ‘very strong’ declaration was expected.

of the payment of ransoms; a controversial point for many in the maritime industry and not at all popular. This was later reinforced by Stephen Askins of Ince & Co who told the conference that it was becoming progressively difficult to arrange for the movement of ransom money and almost impossible in London. When Hopkins was asked about the recent video that has gone ‘viral’ on YouTube of a maritime security team with North American accents firing at skiffs, she said that there was ‘insufficient context for any legal action to be taken’, Peter Cook of SAMI reported in a briefing note on the conference.

“It is positive that there is united determination within governments to break the financial chain funding terrorist groups, but it is simply not right to makes decisions driven by the mistaken acceptance that there is a link between the activities of maritime pirates and terrorists.”

The tragic deaths of seven people, including one Briton, at the hands of a Nigerian Islamist militant group in February serves as a poignant reminder that kidnap and ransom insurance is now an increasing necessity for anybody planning to travel into medium- to high-risk areas. While insurance does not prevent appalling crimes like this happening, it does provide peace of mind that funds will be available should ransom demands be made, and also allows a plan of action to be put in place.

Commenting on the South Asia and Africa Regional Port Stability Cooperative conference, Donna Hopkins, coordinator of counter piracy and maritime security for the US State Department, talked about the US policy moving towards the active discouragement

Africa and the Middle East are the regions where individuals are most likely to be kidnapped – with countries such as Afghanistan, Somalia, Iraq, Nigeria and Pakistan topping the league table. That said, incidences of kidnapping is currently growing in Europe.

Summer 2013 MSI book summer 2013.indb 31

“The ‘rules’ of being a foreigner in a foreign land always apply: don’t walk the streets wearing the latest designer gear and expensive jewelry, but at the same time, don’t look obviously like a tourist,” says Jenny Carter-Vaughan, managing director of Expert Insurance Group. “Avoid expatriate hangouts and choose hotel rooms carefully – ladies should avoid ‘women only’ floors for example.” There are certain industry sectors which see more kidnapping attempts and these include mining, oil and gas and the charity sector. In addition, any high net-worth individual is potentially at risk, while even Western students travelling during their gap years could be a target. When it comes to ‘corporate’ kidnapping, there is a duty of care on employers which send their staff to remote or dangerous locations to provide training in avoiding kidnapping, a level of security protection and kidnap and ransom (K&R) cover. A good K&R policy not only offers peace of mind in terms of paying a ransom, if necessary, but it also ensures that there is a plan in place if a kidnap attempt does happen. “Many insurers will offer a security review and plan as part of the cover,” says Jenny. “And most will offer the expert services of response consultants, in the event of an incident.” If a kidnapping does take place, it isn’t just the person who has been abducted who is the victim – their family will also need support. Even if the situation is resolved quickly and successfully, the impact on the business and the individual can last a long time. The victim made need counselling, while their family and colleagues may also require support. If the victim survives the incident but is injured a K&R policy will typically also pay to cover medical treatment and/or the cost of medical evacuation. “While kidnapping and those which end in tragedy do receive high-profile news coverage, it is worth bearing in mind that it is still a relatively rare event,” says Jenny. “Although you may not be able to completely avoid a situation, you can take steps to make yourself less vulnerable and have a crisis management plan in place.” •

Maritime Security International 29/07/2013 16:34


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Insurance

33

employer’s financial default, and includes the indemnification of unpaid wages. The new policy provides up to $10 million of cover in the event of an employer’s financial default. It includes personal accident protection and covers medical expenses, as well as subsistence and repatriation costs. It will also respond, unlike any other product currently on the market, in respect of the non-payment of seafarers’ wages for a period of up to six months.

Container campaign

N

orth P&I Club has launched a campaign to help its members reduce their growing exposure to cargo damage claims when carrying refrigerated containers.

Cold concerns Barbican takes over Seacurus, while cold chain, sanctions and bunker worries remain

B

arbican Group Holdings Limited recently announced that it has acquired Seacurus, the UK-based specialist marine insurance broker. Established in 2004, Seacurus focuses on revenue protection in the marine insurance market. A leading provider of marine kidnap and ransom insurance, the company offers a range of products designed to help companies in the shipping industry manage a wide variety of operating and financial risks. Seacurus will continue to operate under its current brand. Details of the transaction have not been disclosed. David Reeves, chief executive officer of Barbican, said the acquisition “marks a significant milestone in the continuing growth of our marine operations. Seacurus has built a leading position within the marine insurance broking sector, particularly in

the kidnap and ransom arena. Its success reflects the experience and expertise of its team, led by Thomas Brown. Seacurus is an excellent fit for Barbican and we see clear synergies between us, not only in terms of the portfolios of business, but also the culture which exists in each organisation.” Thomas Brown, managing director of Seacurus, added: “Becoming part of Barbican provides us with an excellent platform from which to expand and enhance the comprehensive range of bespoke solutions we deliver to our clients in the shipping industry. We look forward to working closely with our new colleagues to achieve this.” In April 2013 Seacurus launched CrewSEACURE, an insurance product for employers of seafarers required to meet regulatory obligations under the Maritime Labour Convention 2006 and the International Guidelines on Seafarer Abandonment. The product offers cover in the event of an

Summer 2013 MSI book summer 2013.indb 33

The increasing global demand for imported fresh produce – from fish, flowers and fruit to vaccines and vegetables – has led to record levels in the reefer container trade. In addition, modern trading terms have extended the traditional period for which carriers are responsible for such containers. According to North’s head of loss prevention Tony Baker, “To ensure reefer container cargoes – particularly living products – reach their destination in perfect order, the correct conditions must be maintained throughout the ‘cold chain’, from harvest, to sea transit, to point of sale. “However, increased use of combined and multimodal bills of lading are extending carriers’ responsibility and liability, traditionally limited to the sea passage link of the cold chain, to include the time when reefer containers leave the shipper up to when they are delivered to the consignee. This could include road haulage and periods of time being stored at container terminals, all of which are critical links in the cold chain,” he says. Following a review of reefer container cargo damage claims, North has identified that a significant proportion are caused either by prolonged periods of time off-power – including at terminals, shipper and consignee premises and during road, rail and sea transit – or due to malfunctioning of the refrigeration unit and its control system and sensors, including the controlled atmosphere unit. Other events that could lead to temperature deviations within reefer containers include improper stowage affecting airflow, stuffing of warm cargo, heat generated by premature ripening of the cargo and incorrectly set parameters, says the Club.

Maritime Security International 29/07/2013 16:34


Be prepared for the German flag state approval Be prepared for ISO 28007 Be prepared for insurance requirements Contact Marine Risk & Quality: Gesellschaft f체r maritime Risikobewertung und Qualit채tsbemessung mbH Herrlichkeit 5-6 | 28199 Bremen | Germany Telephone: +49(0)421 5907-140 | Telefax: +49(0)421 5907-4140 www.mrquality.de | Email: contact@mrquality.de

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02.13 09:31

Insurance

35

Tony Baker

Iranian Sanctions

T

he Standard Club has warned governments to continue imposing complex sanctions regulations as a means of implementing their foreign policies. This is particularly the case for the USA and EU. “Governments, individuals, entities, industries, goods and ships are targeted. Financial and technical support is often restricted, as too is the provision of insurance services,” says the Club. “Often the regulations are opaquely worded, which is aimed at discouraging those who are risk averse. Governments are likely to increase the use of sanctions as a means of applying leverage. Additional targeted sanctions against Iran’s energy, shipping and shipbuilding sectors are now applicable as of 1 July 2013. “Potential penalties go beyond fines. Individuals face the risk of imprisonment. Entities and individuals can be designated, forcing their contractual partners to make stark choices in relation to ongoing business relationships. Reputations are at stake. Members are urged to keep their sanctions

compliance procedures up to date; these should be robust and proactive.”

Cappuccino effect

T

he dramatic rise in bunker prices in recent years has led some unscrupulous suppliers to hold some back, said Simon Rapley, associate for loss prevention at West of England Insurance Services explained when describing the cappuccino effect. Flow meters cannot be relied upon to provide an accurate representation of the volume supplied to the vessel, and the new mass flow meter technology is expensive. There are certain signs that compressed air is being added to the fuel, Mr Rapley said including gurgling in the manifold, the supply hose kicking or jerking, and abnormal noises from vents. The receiving vessel can also take samples at the manifold during the bunkering operation. If the samples are frothing or foaming “there may be a problem,” he said. The crew could also ask the supply vessel to tell them when they are stripping tanks, so they can monitor

Summer 2013 MSI book summer 2013.indb 35

whether this is excessive. Other measures include checking the density of the fuel received and if this is lower than it says on the bunker delivery note, it may be an indication that additional air is present. “At any stage of the operation if the receiving vessel is in any doubt that something is amiss they should stop the operation and carry out an investigation,” he said to a recent Bunkernet seminar. If a significant discrepancy is found, the bunker receipt should not be signed as it stands and amended to reflect the receiving vessel’s own figures. The master can be under commercial pressure to leave the port quickly and Mr Rapley said it was important in cases where the master had concerns about the supply of bunkers that he was supported by the owner or operator. It ought also to be borne in mind that if the vessel accepts the supplier’s figures and they turn out to be higher the bunkers received, at the end of the charter it will look as though the vessel has used more fuel and has therefore under-performed. Good procedures and accurate records are very important if a bunker dispute comes to court, Mr Rapley stressed. •

Maritime Security International 29/07/2013 16:34


Corporate viewpoint POLICY & FORUMS 36

German Licencing Procedure of PMSC Germany recently launched a procedure for licensing private maritime security companies on board ocean-going vessels (PMSCs). What is your assessment of the first weeks?

Marine Risk & Managing r the German flagQuality’s state approval r ISO 28007 Director Sebastian Hons r insurance requirements interviews Risk & Quality: Claudia Topp, Head of Division, Division 224 Licensing of PMSC for Vessel Protection, Federal Office of Economics and Export Control

nd Qualitätsbemessung mbH

We launched the procedure on 21 June 2013 and received the first applications on the same day. Given the fact that the regulation that prescribes the procedure entered into force only one week later, the quick response of the applicants was quite surprising to us. However, it is still too early for an evaluation of the procedure. What is the legal basis for the licensing procedure?

49(0)421 5907-4140 y.de

The legal basis for the introduction of the procedure is section 31 of the Trade Regulation Code (Gewerbeordnung - GewO). This section exempts security companies on ocean-going vessels from the permit requirement that applies to the security industry pursuant to section 34a of the Trade Regulation Code (GewO). The licensing procedure for security companies on ocean-

going vessels was introduced by the Ordinance on the Licensing of Security Companies on Board OceanGoing Vessels and is detailed in the Ordinance implementing the OceanGoing Vessel Security Ordinance. The licensing procedure has been launched, but licensing is not yet required by law. When does the procedure become mandatory? From 1 December 2013 on, PMSCs that want to operate on vessels flying the German flag will need a German licence. Since the licensing procedure takes time and we wanted to make sure to license enough companies before licensing becomes mandatory, we launched the procedure with sufficient lead time. Who has to apply for a licence? All PMSCs – including foreign companies – operating on Germanflagged vessels as well as all PMSCs based in Germany, even when operating on foreign-flagged vessels, need to be licensed.

For more information, contact: Herrlichkeit 5-6 | 28199 Bremen, Germany Tel: +49(0)421 5907-140 Telefax: +49(0)421 5907- 4140 Web: www.mrquality.de E-mail: contact@mrquality.de

The German Federal Office of Economics and Export Control (BAFA) is responsible for issuing the license. BAFA assesses the applications in consultation with Germany’s Federal Police. To facilitate communication with companies, BAFA is acting as the single point of contact for companies. Do PMSCs need further licences or authorizations? That depends on the nature of the operations. For example, a foreign company working on a Germanflagged vessel would need a German weapons permit under section 28a of the Weapons Act. The same holds for German companies. Furthermore, companies that export their equipment from the EU have to fulfil export control requirements. The delivery or carrying of weapons or listed equipment out of Germany for use on ocean-going vessels in international waters is defined as an export that is subject to licensing under section 5 (1) of the Foreign Trade and Payments Regulation (AWV). Since such weapons and other equipment needed by the security company are not supposed to remain in the third countries, the transaction is considered a temporary export of these goods and such exports are also subject to licensing. BAFA offers a global licence procedure (SAG) for repeated temporary exports; such a licence permits goods that are subject to licensing to be exported or transferred to different countries and different consignees. What requirements does a PMSC have to fulfil?

Marine Risk & Quality Managing Director Sebastian Hons

Maritime Security International MSI book summer 2013.indb 36

Where do PMSCs have to apply?

A new provision in section 31 of the Trade Regulation Code (GewO) lays down specifics for the internal organization and internal procedures as well as the professional/technical and personal reliability, personal aptitude and competence of the companies, management bodies and security operatives entrusted with armed maritime operations.

Summer 2013 29/07/2013 16:34


Corporate viewpoint BAFA and the Federal Police review compliance with these requirements based on a due assessment of the circumstances. This review focuses on the company, i.e., BAFA and the Federal Police examine the company’s organization and internal procedures as well as the requirements placed on the designated manager in charge. How do you check the personnel? As part of the licensing procedure, the company undergoes a review, i.e., it is checked whether the company meets the requirements of the Ordinance on the Licensing of Security Companies on Board Ocean-Going Vessels. BAFA does not check the reliability, personal aptitude or competence of individual security operatives. Rather, it is the responsibility of the respective company to ensure that its personnel fulfil the requirements. BAFA requests information regarding the individual company’s concepts for personnel recruiting, testing and training and subsequently checks the company’s suitability in consultation with the Federal Police. An exception is made for the designated manager in charge – his reliability, personal aptitude and competence are subject to review as part of the licensing procedure. However, once BAFA has granted a licence to a security company it will request documents regarding individual security operatives on a random basis for inspection and control purposes pursuant to section 29 of the Trade Regulation Code (GewO).

Do PMSCs working as freelancers or subcontractors of PMSCs have to separately pass the licensing procedure? It depends on the type of managerial control the licensed company has over the freelancer or subcontractor. If the freelancer has to strictly follow all instructions issued by the company, he does not need a separate licence. However, the company must ensure that the freelancer meets the requirements regarding reliability, personal aptitude and competence set out by the ordinances. Further, the licensed company must provide the freelancer with all relevant documents (e. g., process manual) and information regarding the organizational structure of the company and his responsibilities. If, however, the security functions are performed by the subcontractor independently, this could require a licence. This is decided on the basis of a case-bycase assessment. How can foreign licences or certificates be recognized? As a basic requirement the particular document must be a government licence or state-recognized certification for providing guard services on oceangoing vessels. Other private certificates cannot be recognized. Furthermore, the requirements for these foreign licences and certificates must be substantially equivalent to the requirements of the Ordinance on the Licensing of Security Companies on Board Ocean-Going Vessels.

37

How long does it take to get a licence? The application processing time will depend on various factors. Applications from companies with insufficient documentation will take longer to process than applications from companies that submit all the necessary documents. In addition, we will also need some time in the beginning to work the kinks out of the workflow. But I am confident that we will have licensed enough companies by 1 December 2013. How much does it cost? The fee schedules are still being discussed at ministry level. However we expect fees to be lower than previously announced. Do the PMSCs, especially non-German PMSCs, need an agent? Are you recommending that applications be prepared by external experts? It is for the individual companies to decide whether they need an external expert or agent. On our website they can find a lot of useful information on the licensing procedure. With the help of our checklist, companies can check whether they meet all the requirements. Our website also has a list of all the documents that have to be submitted together with the application. What would be your advice to companies to ensure that they are well-prepared and meet the requirements? First of all I would suggest that they have a look at our website www.bafa.de or its English version where they will find the regulations and a checklist for a self-assessment as well as links and information concerning other permits and licences that might be needed. This information is also available in English. Companies can also get in touch with us by phone or e-mail. Will the BAFA host seminars for PMSCs to help them understand and get into the application process? An information seminar on the licensing of security companies on board ocean-going vessels will be held in Frankfurt am Main on 29 August 2013. Contact persons from the authorities involved will be introduced to the participants at this seminar. They will explain the legal requirements that have to be fulfilled for performing security functions on board ocean-going vessels and will also answer questions. More information on this event and the link for registration are available on our website. BAFA will not however offer courses on the contents of the competence-related provisions. This is a matter for training institutions and similar bodies.

Claudia Topp, Head of Division BAFA

Summer 2013 MSI book summer 2013.indb 37

Maritime Security International 29/07/2013 16:35


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Seafarers

39

InterManager secretary-general, Kuba Szymanski

operation. They are meant to save lives, not to endanger them further. I am pleased InterManager has been able to facilitate this debate.”

Treatment of foreign fishermen

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aritime charity Apostleship of the Sea (AoS) has criticized the way seafarers and fishermen are treated when they run into problems with their UK visas. The recent case of four foreign fishermen in Newcastle illustrates what the charity says is a heavy-handed and inefficient process.

Two Filipino and two Indonesian fishermen were recently stranded in the UK when the fishing boat they were working on hit financial difficulties. Working on a fishing vessel in the North Sea is a hazardous career, with dangerous seas and unforgiving weather conditions. However, their treatment deteriorated once Starward was impounded due to the owner’s financial troubles.

Safety danger “Lethal” lifeboat hooks and draconian immigration laws are two concerns for those involved in seafarers’ welfare

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ifeboat hooks can be “lethal”, their design out-of-date and unsuitable to meet modern demands, according to serving seafarers whose views have been gathered by InterManager. Following a series of incidents and fatalities involving lifeboat hooks, InterManager, the international trade association for the ship management industry, has gathered comments from seafarers of various ranks in an online discussion forum.

lethal,” he said. A second chief engineer asked: “Why are we still using very old designs and materials?” while a master commented “I don’t trust hooks and their arrangements.” Adding to the debate, a captain questioned training regimes, saying: “Because almost every vessel has lifeboats of a different design it is very often [a] steep learning curve for all involved.” Another likened his onboard training to “Russian roulette”.

Crew members responded by pointing out that they believed the hook designs have not kept pace with developments in the global shipping industry.

Respondents included experienced masters, captains, chief engineers and chief officers who had served on a variety of vessels including LNG, chemical carriers, tankers and container ships.

“Nothing really has changed for the last five millennia,” said one chief engineer with 35 years’ service on chemical carriers. “These hooks are

InterManager secretary-general, Kuba Szymanski, said: “There is a great depth of feeling in the industry on the subject of lifeboats and their safe

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Since March the crew had not been paid. This meant that they were not able to send money back home to their families in Indonesia and the Philippines, with one crew member relating how his children were going hungry. As the crew were only contracted to work on this particular vessel they weren’t able to transfer to another for alternative work. Also, as they were working on transit visas the UK Border Agency had them arrested in mid-June and taken to a detention centre. The men were separated from their luggage which contained their seamen’s books and were frightened that they would have criminal records affecting their future employment. They were subsequently transferred to a detention centre at Heathrow where some of them remain. Throughout this ordeal the crew have been helped and supported by the Apostleship of the Sea’s Tyne port chaplain, Paul Atkinson. Paul has provided practical and emotional support, working with the AoS national office to try to alleviate the men’s stress and ensure they are fairly treated. Apostleship of the Sea national director Martin Foley said, “The application of immigration rules to these men has taken no consideration of their circumstances. It is appalling that overseas fishing crews who are stranded in the UK through no fault of their own are treated like criminals and subjected to treatment that has demeaned and humiliated them. I intend to raise this matter with the Home Office and the local MP.”

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Seafarers

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New legal charter for seafarers

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eafarers’ Rights International has launched a Charter of Good Practice for the Provision of Legal Services to Seafarers. “For seafarers, seeking the advice of a lawyer can be one of the most stressful events of their career,” says Deirdre Fitzpatrick, executive director of SRI. “Not only are they dealing with the effects of the incident that has led them to that point, but they are also pursuing a course of action which too often seems fraught with confusion, difficulties and worries about expense. “The first hurdle often is to find a reputable lawyer who is knowledgeable about seafarers’ rights’ issues, and who is willing and able to represent the seafarer at a reasonable cost. “The Charter is a set of professional ethics to bind lawyers working in any jurisdiction around the world, taking into account the particular concerns of seafarers. It provides reassurance that the seafarer client will be treated in a certain way. “As part of our work, we frequently encounter seafarers in need of legal assistance. Whilst we do not recommend one lawyer or law firm over another, we hope it can assist seafarers to have access to a list of lawyers who have signed up to and accepted that they are bound by the principles in the Charter.

VIKING launch

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IKING Life-Saving Equipment has launched a new dual-approved thermal life jacket with broad appeal for the offshore and commercial shipping industries operating in harsh, cold environments. The company’s new thermal life jacket, PV9720 (pictured below), has been tested and approved according to new stringent life jacket performance standards as well as existing thermal requirements. VIKING’s vice-president Benny Carlsen says the new life jacket is just part of the company’s drive to provide superior solutions to a changing market. “Our new thermal life jacket has just been launched and it’s already been warmly welcomed on-board offshore supply vessels, accommodation platforms, pipe-laying barges, passenger ferries and other, for example companies engaged in oil and gas activities in the Barents Sea.” The PV9720 life jacket is specially designed to protect against loss of body temperature with a built-in neoprene torso covering the core body, head and crotch area. A new slim profile design ensures easy donning – while reducing storage space with approximately 20 per cent at the same time.

“Subscribers to the Charter are lawyers professionally licensed to practice in their respective jurisdictions. We are delighted to say that the response to the Charter so far has been excellent and over 100 lawyers from 50 different law firms across 34 countries worldwide have committed to it.

Crewsure

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rewsure provides medical and personal accident insurance directly to crew and is underwritten by the Munich Group, one of the world’s leading insurance companies. The benefits provided are tailored to meet the needs of crew and the latest requirements of the Maritime Labour Convention 2006 (MLC). It recently announced that it has appointed G2 Crew Services, the recently formed partnership between Griffin Global Group Limited and Gulf Agency Company Limited to act as its global correspondent. “Crewsure complements our strategy of assisting clients in both the marine and offshore sectors to set new standards for the duty of care provided to their crew,” says Simon Morse, executive chairman of Griffin. “Historically the primary focus of marine services’ companies has been the owner, the vessel, or the cargo; and while contractually Crewsure’s client is the employer; the ‘door-todeck’ service offered by us in partnership with GAC provides benefits directly to individual members of crew when in need.” Robert Johnston, managing director of Crewsure, explains: “The aim of Crewsure is to improve the welfare of crew by replicating the same type of health insurance that is provided to key employees based ashore, rather than simply mitigating owners’ risks to large claims. By extending the breadth of cover, reducing the excess, simplifying the claim process and providing local on-the-ground support in over 1,000 ports we can significantly transform the level of service provided to on-board personnel while containing the cost of cover well within existing levels.

“SRI will keep the list of subscribing lawyers and law firms under review and we call on other lawyers with relevant expertise to visit our website and to contact us if they wish to subscribe to the Charter. We hope also that other bodies in the industry will work with us to maximise the number of expert lawyers to whom seafarers can have ready access.”

We are pleased to have appointed G2 Crew Services as our correspondent recognising the potential of the Crewsure product and its valuable role in handling crew in need of medical support and evacuations around the world.” •

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The new SOLAS-approved thermal protective life jacket is the only one on the market designed, tested, verified and approved to both the latest life jacket performance requirements described in MSC.200(80) and the thermal protection performance standards of MSC/Circ.922, the company claims.

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Safety

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The Bulk Carrier Casualty Report was presented to IMO members at the Maritime Safety Committee meetings in June.

Nautilus warns on safety

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autilus International has warned that the UK is in danger of more maritime disasters as a consequence of declining safety standards around the coast. The union’s warning followed the publication of the Marine Accident Investigation Branch (MAIB) report into the 2011 sinking of the Cook Islandsregistered cargoship Swanland in the Irish Sea, which led to the deaths of six crew. Investigators found that the ship had suffered a catastrophic structural failure as a result of factors that included poor maintenance, corrosion, overloading and poor distribution of its 3,000-tonne limestone cargo.

Warning signs Recent casualties have led to renewed calls for rigorous investigations of ship losses and more action on safety

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he International Association of Dry Cargo Shipowners, INTERCARGO, has called for IMO member states to fully investigate ship losses and very serious casualties and to make accident investigation reports available in the public domain, to ensure that the largest possible audience can learn from the findings.

(GISIS) Marine Casualties and Incidents module from 2008 to 2011.

Objectivity, subjugating legal restrictions in deference to safety, adopting IMO principles and making casualty investigation reports available in a timely fashion should also be key objectives.

Speaking of the research findings, Rob Lomas, Secretary General of INTERCARGO, said: “The importance of clear, concise and consistent reporting of casualties and serious incidents cannot be stressed enough.

As a result of continuous monitoring of the worrying aspects of very serious casualties over the years and following the tragic loss of the bulk carrier Harita Bauxite in February this year, Intercargo conducted a thorough examination of data stemming from the IMO Global Integrated Shipping Information System

The research revealed that many serious bulk carrier incidents, in which both loss of life and vessel were recorded, were, in the majority of cases, either not accompanied by an investigation report or the report was not available for download.

“INTERCARGO firmly believes making such investigation material available as widely as possible in the public domain in future, will help to prevent further casualties and tragic and unnecessary loss of life”.

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The MAIB said it hoped the report would act as a catalyst for action by the International Maritime Organization to tackle serious safety problems in the general cargo sector – with almost 250 general cargo ship losses worldwide between 2002 and 2011, accounting for the deaths of more than 800 seafarers. Nautilus General Secretary Mark Dickinson described the report as “a shocking indictment of the UK government’s open coast policy and, as a consequence, we have the ludicrous sight of a 28-year-old substandard ship from the Cook Islands operating in our waters. “Sadly, however, we fear that this case is just the tip of a big iceberg and this will not be the last incident of this kind. There are far too many ships like this trading around the British Isles, posing a huge threat not just to their crews, but to other ships and to the marine environment. “It’s high time the UK government took effective action to deal with these growing risks rather than claiming they can do nothing,” Dickinson said. “The government needs to end the cutbacks to the Maritime and Coastguard Agency to ensure that there are sufficient staff and resources to inspect these ships and there should be genuinely deterrent penalties imposed on operators who so brazenly flout international minimum standards to gain commercial advantage. “Those who charter these ships are not without blame and need to consider the consequences of their actions. And the government ought

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to be looking at ways in which it can support home-grown shipping companies operating British-registered ships with British crews so as to directly influence the standards of shipping in our waters,” he concluded.

Paris MOU results

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he Paris MoU Committee has approved the 2012 inspection results and adopted new performance lists for flags and Recognised Organisations. These lists took effect from 1 July 2013.

The white, grey and black list presents the full spectrum, from quality flags to flags with a poor performance that are considered high or very high risk. It is based on the total number of inspections and detentions over a three-year rolling period for flags with at least 30 inspections in the period. On the list for 2012 a total number of 78 flags are listed: 45 on the white list, 19 on the grey list, and 14 on the black list. The white list represents quality flags with a consistently low detention record. Compared with

last year, the number of flags on the white list has increased by two flags to a total number of 45 flags. New on the white list are the US and Thailand, which were still on the grey list last year. France has been placed highest on the list in terms of performance. The next in line of the best performing flags in 2012 are Germany, Hong Kong, Sweden and Greece. Flags with an average performance are shown on the grey list. Their appearance on this list may act as an incentive to improve and move to the white list. At the same time, flags at the lower end of the grey list should be careful not to neglect control over their ships and risk ending up on the black list next year, the Paris MOU said in a statement. On this year’s grey list, a total number of 19 flags is recorded. Last year, the grey list recorded 20 flags. New on the grey list is the Syrian Arab Republic, which was on the black list last year. The poorest performing flag is Bolivia (very high risk), followed by Tanzania, Togo, Sierra Leone, Honduras and Moldova (medium to high risk). New on the black list are the flags of Honduras and Dominica. A flag’s ranking is taken into account when targeting ships for inspection and ships flying flags listed on the black and grey list are liable for banning from the region after multiple detentions. The Paris MoU also agreed on the performance listing of Recognised Organisations (ROs). ROs have been delegated with statutory responsibilities by flag states. This list uses the same method of calculation as the flag state table, but counts only those detentions that the Paris MoU considers to be directly related to a statutory survey carried out by the RO and a minimum number of 60 inspections per RO are needed before the performance is taken into account for the list. In 2012, 30 ROs were recorded on the performance list. Among the best performing were: American Bureau of Shipping, Det Norske Veritas and Lloyd’s Register. The lowest performing were: Phoenix Register of Shipping (Greece), INCLAMAR (Cyprus) and Register of Shipping (Albania). From 1 July, the performance lists will be used for calculating the ship risk profile and flags on the grey list and black list are subject to the more stringent banning measures in force since 1 January 2011. The Paris MoU Committee has approved the 2012 inspection results and adopted new performance lists for flags and Recognised Organisations.

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Safety

Pegasus extends the current hull integrity management package to include combined functionality with the condition monitoring package GL HullManager

Pegasus package upgrade

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he latest version of classification society Germanischer Lloyd’s (GL) thickness measurement software Pegasus has been released. To verify the structural integrity of a vessel, hull thickness measurements must be periodically taken, with each measurement point documented.

GL developed Pegasus to improve the preparation, recording, assessment, storage and reporting of such measurements and this latest release of Pegasus extends the current hull integrity management package to include combined functionality with the condition monitoring package GL HullManager.

The number of required measurement points can number up to 20,000 – all repeatedly measured over the life of the vessel, creating a vast amount of essential data that must be effectively managed and assessed.

3D models utilised in GL HullManager can be used directly for recording thickness measurements with Pegasus, while thickness measurements recorded with Pegasus can be easily integrated and used in GL HullManager.

The accumulation of an accurate longterm database of thickness measurement results allows more precise scheduling and planning for repairs, as well as predicting future corrosion. Release 2.0 of Pegasus offers an integrated software solution that supports thickness measurements independent of whether or not a 3D structural model is available. Even partially incomplete 3D structural models are supported by using tabular input for the missing parts. Independent of which method is used for recording, assessments such as hot spot lists and statistics, as well as reports in IACS format are presented in a unified manner. New features in version 2.0 include: integration of 3D model-based and table-based recording of measurements and assessment functionality; a revised navigation panel that gives a better overview of the measurement content and program functionality; and support for tablebased measurement recording and assessment for bulkers and tankers built according to IACS Common Structural Rules. • 3D models utilised in GL HullManager can be used directly

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Corporate viewpoint POLICY & FORUMS 44

A new approach to maritime security

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Ship Security International promises quality, confidence and value – without compromise

For more information, conatact: General enquiries/Indian Ocean: Tel: +44 (0)20 3141 2100 Enquiries/West Africa: Tel: +44 (0)20 3141 2180 Email: ssi@ssi-ltd.com Web: ssi-ltd.com

he Somali piracy phenomenon has witnessed an unprecedented growth in the number of Private Maritime Security Companies (PMSCs) in recent years and has even attracted land-based security providers into the maritime sector – all seeking to exploit the commercial opportunities this has presented. Such growth coupled with the view that Somali piracy is, for the time being at least being successfully contained, suggests that entering the PMS business now is taking a considerable commercial risk. Yet Ship Security International (SSI) has chosen to do just that. So why and what difference does it bring to the table? The starting point for SSI is in a different place to most other PMSCs. Rather than asking, “How can we deliver onboard security in a commercially viable operation?”, this new business has created its own vessel protection model based on asking what shipowning clients want. In other words, SSI’s proposition was how it can supply a reliable, rapid response, flexible security service that is unhesitatingly acknowledged as of the highest quality and value for money. The answer lies in embedding operational expertise in rigorous systems and procedures that resonate with the aims of clients and optimise the commercial value of their assets. Central to this provision is SSI’s continual adherence to the highest standards of due diligence, accountability, legal assurance and external scrutiny. The make-up of the small but dynamic management of SSI’s team gives a clue to why it has achieved this and are establishing industry-leading practices and benchmarks. It has brought more than security expertise to the table – it has brought commercial shipping experience. As part of the management team at Tankers International for the best part of a decade, SSI’s Chief Executive Dr Andy Hodgson was instrumental in helping to extract the maximum value from the pooling mechanism of the commercial operations of very large crude carriers (VLCCs), and in creating SSI, he has applied many of the principles of pooling to the

provision of maritime security. He explained: “In commercial shipping, the savings associated with pools can be notoriously difficult to quantify. With the current maritime security model in the Indian Ocean, savings from a pooling mechanism are easy to calculate – and the size of these savings are really significant.”

“We wanted to give the shipowner all the advantages of running a security operation in-house: quality, confidence in that quality and value for money” Integral to this novel approach was the introduction of a membership scheme whereby costs are pooled and members reap the rewards of economies of scale and logistical efficiency savings paying the lowest net cost for security without impacting the technical delivery of the security product. Here, too, few stones have been left unturned in the creation of the technical package and its delivery.

Teams are provided with the very best kit on the market

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Both Richard Walker, the Strategic Director, and Duncan Higham, the Operations Director, are former Royal Marine officers who between them have been responsible for and involved in the tactical delivery, operational and strategic planning of counterpiracy operations. Andy Hodgson explains: “In order to achieve low pricing without reducing the quality of the service we took an innovative approach. We started by designing a high-quality technical package and then provided a commercial wrapping that takes advantage of the benefits of pooling mechanisms to reduce the cost. “We wanted to give the shipowner all the advantages of running a security operation in-house: quality, confidence in that quality and value for money, but without the disadvantage -liability”. Gaining the confidence of potential clients is paramount and the business credentials have been further enhanced by the composition of the extended management team and professional advisers, in particular, the appointment of in-house legal counsel Lt Col Nigel Moreland. Moreland is currently serving in the Army and not only has he been previously intimately involved in the operational legal oversight of NATO’s counter-piracy effort, but continues to advise commanders on the application of rules of use of force (RUF) in Afghanistan. Richard Walker added: “We believe that legal oversight, transparency and

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Corporate viewpoint

Personnel are given the best tools for their job

clear governance are what differentiate the really good providers from the rest. We have also approached the selection and training of our operators with similar rigour and believe that in this respect we have no equal in the industry. This should be a source of real confidence to those clients that decide to use us.” It is apparent that in every aspect of constructing SSI’s offering nothing has been left to chance. From its deliberate employment of a former surgeon and general practitioner to provide consistent oversight of the medical (physical and mental) health of its selected operators to a comprehensive set of Standard Operating Procedures. Even the programmers of the bespoke management information system and also Nick Farrant, SSI’s business adviser at chartered accountants Francis Clark, are experienced in shipping and associated businesses. The selection process of the SSI team leaders (TLs) and maritime security officers (MSOs) is also surprisingly rigorous, as Walker describes: “The whole recruitment process is competency-based focusing leadership, effective intelligence, powers of communication, courage and values are all tested. Potential MSOs go through a half-hour interview with two directors followed by chart and navigation work. For TLs, three directors interview and the decision to employ has to be unanimous. This is followed by psychometric testing

and submission of a written essay with no final decision made until the completion of a two-day induction and training course, during which all applicants are assessed in a team environment.” As the former board president for the assessment and selection of Royal Marines Officers, Walker clearly knows a thing or two about getting the right people selected. Although only in its second year of operation there is no shortage of experience in the SSI management team. The senior management share over 117 years of relevant military and commercial shipping experience including many senior positions of NATO’s counter-piracy operation Ocean Shield. “With SSI, we wanted to create a formidable bank of knowledge and expertise from the tactical level up to the very highest strategic level. Having the lead planner and the legal advisor for Ocean Shield, in addition to the former NATO Joint Force Command Operations Centre Director on the team certainly ticks that box,” Andy Hodgson states emphatically. The SSI commitment to quality doesn’t just extend to the personnel. Duncan Higham talks about the equipment with which the security teams are issued: “When we deploy our teams we are confident that we are providing them with the very best kit on the market. Whether it is the visual aids such as thermal imaging equipment,

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Gen2+ night vision, binoculars, encrypted radios, firearms or the protective equipment – it is all bought in the UK and is of the highest quality and effectiveness that UK licencing allows. We acknowledge our responsibility not only to our clients, but also to our personnel and we need to give them the best tools for the job when going into a dangerous environment” The waters off Nigeria, Benin and Togo currently provide just such an environment. Earlier this year, SSI started providing an unarmed service protecting shipping along the coast of West Africa and it is for this service that SSI has invested heavily in technological solutions to counter the piracy threat.

“The senior management share over 117 years of relevant military and commercial shipping experience, including many senior positions of NATO’s counterpiracy operation Ocean Shield” According to the IMB Piracy Reporting Centre, attacks on vessels underway in West Africa increased by 120% in the first half of 2013 when compared to the same period last year and this is reflected in the nature of enquiries from customers. Piracy emanating from Somalia may have been grabbing most of the headlines over the past few years, but it is surely

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in West Africa where the biggest challenges for ship owners reside. Increasing regulatory requirements are now making their mark on the industry and despite the considerable pressures on smaller operators, SSI has not taken a backward step and has fully embraced the inevitable momentum towards the adoption and improvement of standards. Despite being established for just over a year, the company has already been ISO 9001 certified and is committed to securing accredited certification to ISO 28000 with ISO/PAS 28007, the new industry standard. SSI is also a certified industry member of the Security Association for the Maritime Industry and a member of the Security in Complex Environments Group (SCEG), playing an active role in SCEG’s Maritime Security Working Group. “We fully support greater regulation,” said Walker. “Shippers want weapons on board to defend their people and their assets, but they equally want to know who are carrying them, that they are legally procured and held, that the operators are trained to the highest standard and that there are clear rules of force. There must be clear criteria of what they can expect from armed guards at sea. We are very happy that on every occasion we have been exposed to client due-diligence, we have passed with flying colours and the early feedback concerning the delivery of our service has been highly complimentary.” SSI is a young company and the team is under no illusion that it is not in a price-sensitive industry where there is a general reluctance for shipowners to change suppliers. However, its adherence to transparency, good governance, due diligence and quality assurance makes it confident it can attract shipping clients who are committed to the safety of their people at sea. Walker concluded: “Piracy isn’t going away anytime soon, but it is changing and will continue to do so. To be successful going forward, a PMSC must be agile enough to adapt to those changes quickly while maintaining a high level of service. “We have structured SSI to do just that.”

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ICS secretary-general, Peter Hinchliffe, says crews must not fear reprisals for reporting near-accidents

“Seagull’s distance training courses on MLC has been implemented and used by several shipping companies allowing them to produce evidence that crew, officers and office personnel have been properly trained and informed of the new MLC regulations,” says Roger Ringstad, managing director of Seagull AS. The first of the modules, CBT #191 MLC 2006 – Introduction, was launched in 2010 with analysis of the convention’s background, structure and content, the role of the ILO, and inspection criteria and certification. This was followed by CBT #192 MLC 2006 – Onboard Responsibilities, which provides details of how to achieve, manage and maintain compliance with MLC 2006 on-board ships. The module is aimed at all senior officers on-board ship, and particularly those at STCW management level. It also addresses validity of certification and the consequences of noncompliance by the vessel.

Crew safety Seagull delivers a wake up call about the Maritime Labour Convention, while the ICS aims to create a maritime ‘safety culture’

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orwegian training specialist Seagull is urging seafarers and shore-based staff alike to make themselves fully aware of their rights and obligations in the event of non-compliance with the Maritime Labour Convention 2006 (MLC). Failure to comply with the new legislation could lead to vessels being detained, the company warns. Finland, Greece, Malta, France, Nigeria, South Africa and Barbados have each ratified the MLC recently, ensuring that it will come into force, as planned, on 20 August 2013, replacing 37 existing International Labour Organization (ILO) maritime conventions, and related recommendations, that were adopted since 1920.

MLC establishes minimum requirements for almost all aspects of working conditions for seafarers and sets out seafarers’ rights to decent conditions of work. These include conditions of employment, hours of work and rest, accommodation, recreational facilities, food and catering, health protection, medical care, welfare and social security protection. Seagull has responded by developing a DNV SeaSkill Certified MLC 2006 Distance Learning Course package to help shore-based personnel, masters and crew to comply with the convention. The package is divided into three target groups: shore-based personnel, senior officers and masters, and junior officers and ratings.

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The latest module CBT #193 MLC 2006 – Shipowner’s Responsibilities is aimed at owners, ship managers and operators and offers details of the requirements to achieve, manage and maintain compliance with the convention. It addresses the areas of responsibility for shipping company office staff dealing with seafarers’ employment conditions and crew facilities on-board ship. It also covers flag state inspection and certification issues and the consequences of nonratification. A prerequisite for this module, as with CBT #192, is completion of Seagull #191 or other familiarisation with MLC 2006. Each of the three modules lasts approximately one hour.

Creating safety The International Chamber of Shipping (ICS) has published new guidance for shipowners on how shipping companies and crews can implement an effective ‘safety culture’. The guidelines, which are being distributed free of charge throughout the industry, were launched at an ICS-sponsored reception in June for governments attending the IMO’s Future of Ship Safety Symposium in London. ICS secretary-general, Peter Hinchliffe, explained: “Our brochure is intended to provide some basic advice to companies on the successful implementation of an effective safety culture.

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Training

“This covers the vital need for all concerned, at sea and ashore, to understand the relationship between unsafe acts and serious incidents that may result with loss of life. In particular our brochure emphasises the need to change behaviour and to avoid negative attitudes and complacency.” The new ICS brochure explains that there are three essential components to developing a safety culture: commitment from the top, measuring performance, and then modifying behaviour. The brochure also stresses the importance of accident and ‘near miss’ reporting, and the establishment of a ‘just culture’ approach whereby shipping company personnel are encouraged to provide essential safety related information whenever something might have gone wrong, but without fear of punishment.

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Capacity building Whilst alongside in Djibouti port, staff from the EU Naval Force Flagship, NRP Álvares Cabral, and members of the Djiboutian Navy and of the Djiboutian Coast Guard came together on board the Portuguese ship to conduct Local Maritime Capacity Building training to exchange maritime and medical knowledge and experiences. The activities conducted during this visit were focussed on first aid, navigation and the use of Mercury – a piece of software for co-ordination and information sharing within the High Risk Area. The training involved both classroom-based lessons and practical tasks in all three areas. The Portuguese frigate NRP Álvares Cabral joined the EU’s counter piracy mission – Operation Atalanta on 6th April, and is the current EU NAVFOR Flagship.

Peter Hinchliffe added: “Repeated analysis demonstrates that serious accidents in shipping are nearly always due to a failure to follow established procedures. Our goal is to ensure that all company personnel believe in safety, think safety and are committed to safety. Hopefully our new brochure will contribute to this objective.” The new ICS brochure is available via ICS member national shipowners’ associations, but can also be downloaded free of charge at www.ics-shipping. org/SafetyCulture.pdf •

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Corporate viewpoint POLICY & FORUMS 48

Improving quality, reducing cost

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With plenty of first-hand experience with pirates MPB offers a range of practical solutions

Marine Pirate Busters info@mpbsgroup.com info@marine-pirate-busters.com +27 21 856 1111 (24/7) +27 82 294 4840 +27 87 150 8518 (VOIP) www.marine-pirate-busters.com www.mpbsgroup.com

omali pirates were not successful during the first half of 2013, but they received substantial ransoms and can still fund many operations. Armed security is the most effective counter measure so far and we must not change this yet, but we need to look at cost, quality and some remaining vulnerabilities. Last year a tanker was nearly hijacked while waiting for armed guards, probably because their armed guards could not embark where they needed to. Some countries make it difficult to use armed guards and pirates know where to look for ships without armed guards because of this. Private Maritime Security Companies (PMSC’s) found ways around these restrictions, but as Nick Roscoe from Marsh explains in the Summer 2013 edition of Maritime Security International, not all these solutions are legal and may compromise insurance. There are several good hints about quality in that viewpoint, which is available online. The tanker mentioned above, was boarded and a war ship arrived within 3 hours, but what happens if help is not immediately available? Our citadel design was tested on an un-armed transit in a relentless, 30 hour pirate assault.

Ten pirates were jailed and because of this success one could easily argue that armed guards are no longer required, but after significant damage (see pictures), unarmed transits still are an unnecessary risk. “We actively defended every weakness the pirates could find. At times they tried at five different points to penetrate; we could not win this fight without an organised team effort, multiple skills and the help of the well trained crew.” “Navigation was extremely tough with manual steering and very few

navigation aids, but a US war bird helped us through the night.” “They could not get rid of the pirates until the next afternoon, but their presence worked in our favour. It was nice to know we were not fighting alone in the middle of nowhere.”

This vessel was out of action for 6-weeks and the damage was estimated in excess of USD 1 million. Hardening is a specialist field and of utmost importance. Your vessel will not always have armed guards onboard, like this tanker experienced, or when sailing in certain West African territories. Let’s talk about quality. On the East African side, three unarmed teams were overcome by pirates and one fishing boat with armed guards was hijacked. On the West African side, things are much worse. Local armed guards and crew get killed. Clearly this is unacceptable, but what is the minimum acceptable quality? The quick answer, we feel, is that the Master should be your gauge. Armed guards are subordinate to the Master, therefore choose guards that will fit well in this hierarchy. It is far more important to have close knit teams that work well together than over qualified guards who are not allowed to exercise authority. The BIMCO Guardcon contract makes this very clear, so don’t ask for more than your contract specification. If the team has to be mixed, try to limit the dilution to 1 in 4. A ship can sail with a few cadets, not if half the crew are cadets. Using locals can help reduce cost and add the capability to use force in local territories, provided the local guard is suitably qualified and authorised. It is not a simple matter to get flag state approval for these local guards as they are not part of the PMSC and may not meet the PMSC’s quality standards,

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but if they meet the standards and are vetted, they could be an asset. The cost of firearms handling and storage is a substantial portion of the bill, but this does not add any value. If anything it can add risk of delay, or in some cases, the risk of not having armed guards when needed most. Another major headache ship owners are faced with, is the vetting of a PMSC. This is an extremely time consuming procedure, but one that cannot be done away with. Fortunately, some flag states took a bold step in simplifying this process. One fantastic example of such a flag state is Panama. Should you choose a Panama accredited PMSC, most of your vetting has already been done and is government backed. Irrespective of which flag state your fleet sail under, consider a PMSC with a government backed accreditation scheme. Here is a link to Panama approved PMSCs, we are number 27 on the list: www.mpbsgroup.com/Panama.pdf To enhance the quality of our service we are now tracking our teams with real-time satellite M2M (machine to machine) technology. One of the benefits is that we can see exactly where our teams are, helping us to avoid unnecessary delays during OPL operations. The second major benefit is that by being able to monitor our teams during transits, we can detect any anomalies with the watch keeping and can thus intervene if necessary. The third, very important benefit of this tracking is that it comes equipped with an emergency button. By a simple push of this button, the signal goes directly to a control centre. Help and support is instantly available without struggling to dial a number in a pressurised situation. We know immediately if any of our ships are in trouble. Within minutes we can alert our other teams in the same area. We constantly strive to better our service and we honestly believe the possibilities to improve are endless! Although there is a need to reduce cost, compromising on quality is not the solution.

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Ports

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Shipping companies using a regular route within the EU and transporting mainly EU goods can already benefit from lighter customs procedures under the Regular Shipping Services procedures. The new proposals will upgrade this to make the procedures shorter and more flexible. Companies will be able to apply in advance for an authorisation for member states where they may want to do business to save time if that business opportunity arises. Almost 90% of ships carry both EU and non-EU goods and stop frequently at EU and non-EU ports, for example in Norway, Northern Africa and Russia. For these ships, the Commission is proposing to significantly improve customs procedures by putting in place a system that can distinguish between EU goods on board, which should be swiftly discharged, and non-EU goods on board, which must go through the appropriate customs procedures.

Simple steps Cutting customs procedures for ships in European ports and concerns over port safety have been under the spotlight in recent months

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he European Commission has outlined procedures to ease custom formalities for ships – reducing red tape, cutting delays in ports and making the sector more competitive. According to the Commission, companies involved in short sea shipping face heavy administrative burdens with resulting costs and delays while waiting for customs clearance. The new commission proposals mean that shipping will face fewer administrative hurdles and thus be more attractive as a mode of transport, the commission believes. According to Vice-President Siim Kallas, who is responsible for transport: “Europe is faced with major challenges in terms of rising congestion and pollution. We need short sea shipping to fulfil its

potential and provide a low cost, environmentallyfriendly transport solution, taking more goods off lorries and off our congested roads. We are proposing innovative tools to cut red tape and help make the shipping sector a more attractive alternative for customers looking to move goods around the EU.” Commissioner Algirdas Semeta, responsible for taxation and customs union, said: “These Blue Belt proposals will bring the single market to the seas. The proposed measures will greatly benefit shipping as they will reduce costs, simplify administration, facilitate trade and create a level playing field between all types of transport. At the same time, this will simplify customs’ work so they can better target security risks and focus on protecting our citizens and businesses.”

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The Commission will also be putting forward proposals to create a harmonised electronic cargo declaration before the end of the year. The ‘eManifest’ allows the shipping company to provide in all manifests (intra-EU and extra-EU) information on the status of goods to customs officials. According to the European Shipowners Association on the basis of information received by their members, savings from simplifying administrative procedures can go up to around €25 per container. The aim of creating a Blue Belt area is to ensure ships can operate freely within the EU internal market with minimal administrative burdens, taking into account safety and security considerations as well as environmental protection, and customs and tax.The plan is to extend the procedure to extraEU voyages by the use of better monitoring and reporting systems. The Blue Belt proposals go hand in hand with the Ports Policy Review adopted on 23 May 2013, which aims to promote the competitiveness of Europe’s sea ports.

Ukraine warning

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teamship Mutual has issued a warning to members over recent reports received by the International Group of P&I Clubs that cargoes of iron ore concentrate/fines presented for loading at the port of Yuzhny, Ukraine have been rejected because they exhibited moisture content in excess of the Transportable Moisture Limit (TML), as defined in the IMSBC Code.

Maritime Security International 29/07/2013 16:35


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Ports In some cases, following independent testing undertaken outside of Ukraine, it appears that the TML was found to be significantly lower than stated on the respective cargo declarations to the extent that the moisture content was above the retested TML and, as a result, the loaded cargoes were discharged back to shippers in port. Large quantities of iron concentrate and smaller quantities of iron ore fines are shipped in bulk from the port of Yuzhny, as well as from the Ukrainian ports of Odessa, Ilyichevsk and Nikolayev. These are Group A cargoes under the IMSBC Code and are therefore liable to liquefy if the moisture content exceeds the transportable moisture limit (TML). The IMSBC Code requires the shippers to provide the master or his representative with a cargo declaration prior to loading containing key information about the cargo including the correct Group, the TML and the moisture content. In addition, the TML and moisture content figures must be evidenced by certificate(s) issued by the laboratory that conducted the tests. In the Ukraine, shipper’s cargo declarations are usually supported by certificates issued by the Central Cargo Bureau.” The International Group of P&I Clubs is discussing the issue with the Ukrainian authorities over concerns on standards of equipment, levels of training and expertise of the laboratories in Ukraine at the present time. “The situation is complicated by a new system recently introduced by the Yuzhny port authority that may have adverse consequences and potentially restricts access to the port for surveyors to attend vessels at short notice,” Steamship Mutual said in its advisory note. “Surveyors were previously issued with annual passes in order to enter the port. This arrangement has recently been stopped and all annual passes have now been cancelled. Surveyors must now apply for permission to enter the port for each attendance. Under the new system, applications will need to be filed with the port authority three to four days in advance of each survey and the application will only be processed on working days. It is unclear if surveyors will be granted urgent access in the event of an emergency/incident”.

Operational errors

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T Club’s Regional Director for Asia Pacific, Phillip Emmanuel, warned recently that very high percentage of the insurer’s claims related to ports were

due to some kind of operational error. The vast majority could have been avoided through good management practice he told delegates at the industry forum, ASEAN Ports and Shipping in Ho Chi Minh City, Vietnam. TT Club’s latest analysis of 9,500 claims over the past seven years, valued at US$400m, confirmed an ongoing trend in avoidable damaging events that resulted in claims. Emmanuel showed that the majority (68%) were due to poor operations and processes and a further 14% resulted from maintenance related issues. Only 18% were caused by weather related issues, seemingly out of the control of the operator, but an amount of these could have been avoided through more adequate preparation. “Effective procedures, training and safety technology will reduce risk and bring other commercial benefits, such as lower insurance premiums and higher customer satisfaction,” advised Emmanuel. The main area of risk, unsurprisingly, was in the operation of mobile equipment such as quay cranes, lift trucks, rubber-tyred gantry cranes and straddle carriers. These make up two-thirds of the operational claims by value.

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technologies to help avoid crane collapses and the impact of wind damage. The reality with bigger ships, he said, was that crane drivers needed a lot of technical support or binoculars so as to be able to see what they were doing at the bottom of the hold. Regular structural examination of cranes is statutory in most jurisdictions, but not necessarily followed through, he said. As cranes grow older or are stretched to accommodate larger ships, then risks are more substantial from an engineering perspective, he warned. Ships needed to ensure they had sufficient tugs to deal with the size of the ship, he said. The windage on a containership of 16,000 teu is massive, raising the prospect of the ship getting out of control. Although it might make sense for a ship to go off the berth in stormy conditions, for those staying alongside “when was the last time a port actually checked the bollard strength to ensure that the size of the ship that is moored can actually be held in storm conditions?” he asked. Master and pilot communications are critical to any operation, Storrs-Fox said, as are communications between the port and the terminal. “Everyone needs to be talking to one another.” •

For example, quay crane boom-to-ship collisions are common at 236 incidents in the past seven years, worth US$15m and representing 31% of quay crane claims. TT Club suggests that these accidents could be greatly reduced by fitting boom anti-collision sensors. Stack collisions are also common and costly, accounting for 19% (US$10m) of quay crane and 82% (US$23m) of yard crane claims. This sort of incident can also be minimised through good management practice, often by the use of a stack profiling system. Regarding the enduring problem of theft, Emmanuel suggested: “Prevention is a combination of a physically secure site, rigorous checks and double-checks on paperwork and well-trained and well-motivated staff. “ As far as ports are concerned, claims could include collapses, wind damage, boom to ship collisions, stack collisions, weight, twistlock and cell guide issues, Peregrine Storrs-Fox, Risk Management Director at the TT Club, told a recent seminar organised by London Shipping Law Centre. With all of these claims, he said, they can be prevented with risk management procedures and

Summer 2013

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Peregrine Storrs-Fox, Rsk Management Director at the TT Club

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Corporate viewpoint POLICY & FORUMS 52

Your Guardian at sea

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With the most innovative anti-piracy measure to be introduced to the shipping world in years, Marine & Auto Security Solutions is putting crew safety first

arine & Auto Security Solutions is the designer and manufacturer of Guardian – the most innovative antipiracy measure to be introduced to the shipping world for many years. Designed for ease of installation and effective at preventing access to the decks of ships, Guardian is rapidly replacing razor wire with many blue-chip shipping companies across the world. Produced in three different locations across the globe from a specifically designed compound that forms a high- density rigid barrier with extreme UV protection, it will outlast razor wire by five years, saving time money and ensuring crew safety and owners’ peace of mind. Replacing razor wire Guardian, soon to be in BMP5, is the most effective replacement for razor wire and will fit any size or shape of ship, easily covering awkward railings, chocks and fairleads, allowing for speedy and safe removal. Crews will no longer end up covered in a multitude of cuts from razor wire, risking infections and costing in time and money to ship managers. It also saves thousands of man hours installing and removing razor wire. There is no need to remove Guardian at every port – simply remove the sections required for loading or unloading and for tying the ship up. This takes just minutes, with no risk of cuts and its the same to replace on leaving port.

Guardian is also 100% recyclable. Unlike razor wire at the end of its long life Guardian can be recycled by regrinding the compound and using it to make other products, thus lessening the impact on the environment and the risk to wildlife that razor wire causes when it is washed overboard. Crew safety We at MASS feel that crew safety must be priority and that in ensuring the safety of the ship from pirate attack, we ensure the safety of the crews from kidnap, imprisonment and torture, ensuring that they return home safely to their families at the end of

“Our motto of ‘safeguarding seafarers worldwide’ is an intention, not just a catchy phrase”

their rotation. Proof of the effectiveness of Guardian was shown during an attack by pirates off the coast of Nigeria on 4 May 2013. The attack on CMA CGM Africa Four was unsuccessful due mainly to the installation of Guardian.

Client base We at Marine & Auto Security Solutions are very proud to claim among our client base: 1. The largest shipping company in the world. 2. The largest container shipping company in the world. 3. The third largest container company in the world. 4. The third largest tanker company in the world. 5. The largest oil and gas drilling company in the world. This is a great achievement for a company whose first installation took place in September 2012. In addition, we have agents in the Middle and Far East and are constantly striving to improve our ability to service our growing list of clients requirements. We firmly believe in attention to detail and are happy to discuss with clients any special requirements they or their ships may have. Our motto Our motto of “safeguarding seafarers worldwide” is an intention, not just a catchy phrase. The crews of ships worldwide do a great job supplying us all with what we want. They have the right to do their job in as safe an environment as can be provided. We are proud that our clients have chosen Guardian to help provide that environment.

For more information, contact: Tel: +44 (0) 2393784751 Mobile: +44 (0) 7519133188 E-mail: david@massltduk.com Web: www.massltduk.com

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Deterrents

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Another product produced by Vessel Projection Systems is the anti-boarding devices which use razor wire. Multiple canisters are fastened to the outside of the ship’s rail or bulwark, port and starboard, 15-18 metres apart. They are strapped in place using stainless steel hooks. When activated, the canisters each jettison 20 metres of razor wire, which is swept aft by the ship’s speed through the water. The multiple lengths of wire form diagonal moving barriers, stretching from the rail on the main deck to the waterline. Once these are deployed pirate skiffs will find it very difficult to come alongside, and if they do manage to do so, they will find multiple moving and unstable coils of wire that have to be crossed to gain the deck.

Dock defence While anti-piracy and terrorism deterrents obviously apply at sea, there are also a number of products available for defending onshore facilities

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s Vessel Projection Systems points out “there are situations where a vessel is under threat while lying at anchor, or even when lying alongside a dock inside a harbour. In these instances, the captain needs to have some sort of deterrent that can be activated immediately, and which does not rely on the ship’s speed through the water for its effectiveness.” One non-lethal deterrent the company provides is the ‘Climb Stopper’. This is a 220 litre steel tank of pepper spray (oleoresin capsicum). The tank is placed in a convenient and fitted to a pair of electric pumps which pressurise 22mm pipes running along the outside of the bulwarks at main deck level, guarding the ship around the stern and along each side to the bow. These

pipes have nozzles at two metre intervals, which create an overlapping spray of capsicum. Any intruder trying to climb the ship’s side is soaked with the pepper spray in a matter of seconds, and will no longer be able to continue boarding. The electric control of the pumps can be wired to any point on the ship, so that the device can be activated from inside the ship, protecting the crew from exposure. The tank allows the nozzles to spray continuously for 2 minutes, but the system can be turned on for short bursts by fitting an interrupter. The Climb Stopper can be linked to an infrared ‘beam barrier’ set up along the side decks and afterdeck, allowing the system to activate automatically if an intruder tries to gain access to the deck from a small boat.

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Each canister ignites an orange smoke flare below it, perfectly legal in a ‘Mayday’ situation, and captains may also request the fitting of tear gas canisters, which would further disorientate and deter would-be boarders. The canisters can be stored in the bosun’s locker, and can be easily fitted before entering the areas the captain feels are dangerous. The canisters are robust and the razor wire is treated for rust, so they are designed to last up to 4 years without a service.

Diver detection

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orwegian defence contractor Kongsberg is marketing the DDS 9000 sonar system, aimed at providing better performance than earlier diver detection systems. The company says, “Developments in sonar hardware have been matched by the significantly advanced DDS Processor and DEFENDER III software for signal processing, detection, tracking and classification, fusion, and display.” According to the company, “The DDS 9000 meets the US Department of Homeland Security’s costper-foot of protected shoreline requirement and is suited to military and civilian applications.” Kongsberg has delivered over 50 systems, some of which are in use with US Navy, US Coast Guard and other military and government agencies. Extensive testing and field trials with divers have validated performance of the DDS 9000 and DEFENDER III. The DDS 9000 is based on the proven SM 2000 sonar design, which has evolved into a ‘MOTS’ – militarized off-the-shelf – version, which is based on the needs of military customers. Extensive verification testing includes underwater shock testing to military standards.

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Corporate viewpoint POLICY & FORUMS 54

Future vision F

FLIR has launched the MU/MV-Series Gyrostabilised, ultra long-range multi-sensor thermal night vision system, suitable for the harshest maritime conditions

For more information, contact: FLIR Commercial Systems Luxemburgstraat 2 2321 Meer -Belgium Tel: +32 (0) 3665 5100 Fax: +32 (0) 3303 5624 E-mail: flir@flir.com Web: www.flir.com

LIR Systems markets a full range of thermal imaging cameras for the most demanding marine applications. FLIR thermal imaging cameras are rapidly finding their way to pleasure craft and yachts, commercial vessels, work boats, fishing boats, cruise ships and many other types of vessels as users discover the power and benefits of thermal imaging. Unlike other night vision systems that require low amounts of light to generate an image, thermal imaging cameras require no light at all to be effective. They are therefore ideal for picking out channel markers, shipping lane traffic, land outcrops, bridge pilings, debris, exposed rocks, other vessels and indeed any hazardous floating object. Other applications include long-range threat detection and man-overboard searches. The latest models from FLIR are the new MU/MV-Series. The MU Series is a powerful, gyro-stabilised multi-sensor, longrange, thermal night vision system. The top model in the range, the FLIR MU-602CLW, features four different payloads in the same system. • A thermal imaging camera with optical zoom and a cooled Indium Antimonide (InSb) detector, which produces crisp thermal images of 640 x 480 pixels on which the smallest of details can be seen and allows for long-range detection. An object the size of a small vessel can be detected at a distance of no less than 15,000m. It comes with a 14 X optical zoom on the thermal image. • A wide field of view thermal imaging camera equipped with an uncooled Vanadium Oxide (VOx) detector. This module also provides images of 640 x 480 pixels and is ideal for detecting objects at short distance or when docking in port. • A visible colour camera equipped with a 28 X optical zoom. • A black and white low light camera equipped with a 18 X optical zoom that can be used when at least some moonlight or starlight is present. The user can switch between the different cameras at the touch of a button.

The FLIR MV-Series offer a thermal imaging camera equipped with an uncooled vanadium Oxide (VOx) detector producing thermal images of 640 x 480 pixels and offers an affordable multisensor solution. The thermal imaging camera zooms between a 24.5° x 4.1° field of view. The FLIR MV-604C is equipped with a thermal imaging camera and a visible colour camera, while model MV-604CL also includes a black & white low light camera. All versions of the FLIR MU/MV-Series come with a number of useful features: • Pan/tilt: cameras can pan 360° continuously and tilt +/-90°, providing excellent situational awareness. • Active gyro-stabilisation, which provides steady imagery, even in rough seas. This is critical for getting the most out of the FLIR MU/MV Long-range imaging capability. • Radar tracking: allows operators to use the FLIR MU/MV Series to identify and track specified radar returns, enhancing vessel safety in low visibility conditions. • Video tracker: The user can select a given target that can be automatically tracked by the video tracker. Selecting and engaging in tracking mode is easily done by the touch of a button. Once the tracker is engaged, the camera will follow the object as long as it can be seen. • Picture-in picture mode: with the picture-in-picture mode (PIP), two sensors can be

The FLIR MU/MV Series comes with a remote joystick control unit (JCU) to operate the pan/tilt and to access all features. Additional JCUs, which can be used to control the FLIR MU/MV from different locations on board a vessel, are optionally available. The JCU is the primary method of control for the FLIR MU/MV Series. It can be used to move the camera (pan or tilt), zoom the camera in and out, switch between different camera images, adjust the image quality and access the on-screen menus. The Series’ control panel is fully sealed for use in a maritime environment. The joystick provides precise proportional speed control. All versions of the MU/MV Series have been designed to be highly rugged for use in even the most harsh maritime environment. The vital core is protected against humidity and water and a builtin heater is included to defrost the camera’s protective window, ensuring a clear lens and perfect thermal images, even in extremely cold environments. The FLIR MU/MV Series JCU comes with ‘Power over Ethernet (PoE)’. They can easily be installed on board any vessel. Various options exist to connect the FLIR MU/MV Series. They can be configured for standalone use or as part of a TCP/IP network.

Thermal imaging systems need no light to be active

Maritime Security International MSI book summer 2013.indb 54

displayed on a single display. The user can select which sensor to display as full screen. Digital detail enhancement (DDE): assures a crisp thermal image even in scenes with extreme temperature dynamics.

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Deterrents Fire hazards

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orfolk-based Delta Fire have now completed the production of two bespoke foam skids, designed to protect a fuel storage facility in Venezuela, South America. Delta Fire manufacture high-tech foam protection packages made to individual customer specifications from design, schematics and manufacture to testing, installation and commissioning, providing a single-source solution to a wide range of industries around the world. The remit for this latest Venezuelan project was to provide protection to fuel storage tanks and bunds – walled or banked areas containing fuel storage tanks – as efficiently and cost-effectively as possible.

rough seas; ECSI-exclusive long-range day/ night cameras and thermal imaging systems that can see a small boat 10 nautical miles away in the daytime (5nm away at night using laser and infrared illuminators), and detect a single human thermal image at a range of 8nm; and a long range acoustic device (LRAD) that generates high-clarity voice commands, as well as focused deterrent tones at distances up to 1nm. Over 25 shipping lines currently use LRAD devices aboard their vessels. Balinor is the exclusive worldwide distributor of APT and says it provides “the most advanced and reliable radar, visual, thermal and underwater detection and tracking technologies available today, with sophisticated software, intuitive user interfaces, and long-range communication and deterrence systems to

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detect, identify, track, record, and if necessary, repel unwanted visitors.” APT coordinates all of these technologies through SECURE Command and Control stations that provide automated target identification according to predefined ‘rules’, with set-and-forget target tracking. The technology behind APT was developed to support sensitive and demanding military applications, from search-and-rescue in hostile environments to protecting some of the most secure installations in the world, including nuclear and petroleum industry facilities. The company says because of its ability to detect and identify potential threats at exceptional distances, APT provides a crew with vital extra time to react and respond to possible encounters. •

The completed system made for the Venezuelan facility consists of a four-point fire protection design, with both foam protection systems for the bund and tank backed up by a comprehensive coverage from 10 stainless-steel fire monitors. These are fitted with bronze nozzles to provide on-site water cooling. A further package of hose cabinets, equipped with Delta’s Nova Type 3 Fire Hose and Attack 500 Fire Nozzles, completes the package. The first foam skid was made to prevent the spread of fire from one tank to another in the fuel bund by using low expansion foam. The second skid provides foam to the top of the fuel tanks, through a series of delta top pourers. These protect the flammable liquid storage by using a preset flow of foam onto the tank’s shell, by gradually cooling and pouring gently onto the fuel surface. Delta Fire have provided specialist systems for international naval fleets, offshore platforms and petrochemical plants. Its clients include BAE Systems, Shell, BP, Total, ConocoPhillips, AMEC, Bechtel, Reliance, and ADNOC (Abu Dhabi National Oil Company) to name just a few.

APT system

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lectronic Control Security Inc in partnership with Balinor International, has developed the APT system which offers long-range detection, identification, setand-forget tracking, and nonlethal deterrence of threats at sea. The APT System Solution provides automated, seamless integration of leading-edge smalltarget radar that can detect swimmers and small boats at exceptional distances, even in

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Corporate viewpoint POLICY & FORUMS Strategically reducing marine travel costs 56

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“Our team of consultants appreciate the demands and complexities of this time-critical industry and it is their focus that has enabled us to become a leader in maritime logistics”

he emergence of new security companies seemingly springing up every week has led to many organisations reviewing their overall expenditure and never before has ‘travel’ come under so much scrutiny. After salaries it is often the next single highest expense and, with increased competition in the maritime security industry, some companies are having to review their pricing structure and as a result are demanding more from their travel budgets. Traditional travel agencies operating in the marine and offshore sectors have been forced to evolve and now find themselves assisting with anything from the movement of weapons to the management of airline rewards programmes on behalf of their clients. At SAT Marine, our team of consultants appreciate the demands and complexities of this time-critical industry and it is their focus that has enabled us to become a leader in maritime logistics. We understand that your business is not simply a nine-to-five operation – and neither is ours. We provide 24-hour assistance, the major part of which is handled in-house by your own dedicated team. SAT Marine’s sales director, Paul Sutton, explains: “The feedback we receive is that our clients prefer to deal with a small, UK-based team that they recognise and not be diverted to an overseas call centre. All our consultants are familiar with our clients and this helps to create reassurance during out of hours as they are booking travel for them on a daily basis.” Incorporated in 1983 and recognised as a leading independent travel provider

to the maritime industry, we are dedicated to ensuring an efficient and reliable crew change anywhere in the world – on time and on budget. Our customers enjoy unparalleled flexibility and speed of response from experienced marine travel specialists who, through our membership of SAMI, possess an in-depth knowledge of your business. We appreciate that a quick turnaround is essential as any delay could be detrimental to them securing future contracts. Over the past few years, the movement of weapons, ammunition and opera-

“Customers enjoy unparalleled speed of response from experienced marine travel specialists”

tions kits has become a priority for many companies and has resulted in SAT Marine establishing a specialised team to assist with everything from the initial planning to the eventual transportation. Ever-changing legislation and constantly revised airline policies require a dedicated team on hand in order to stay ahead of the game, especially in this highly-specialised area. Your team of experienced consultants will have at their disposal special rates for those working in the Oil

SAT Marine Tel: 01204 477466 E-mail: res@satmarine.co.uk Website: www.satmarine.co.uk

& Gas and Maritime industry. These fares offer substantial savings against normal tariffs, come with fewer restrictions and penalties and include the benefit of extra baggage allowance. There are some airlines that do not offer marine fares and, for these carriers, we have obtained our own specially-negotiated rates with the savings achieved being passed directly to our customers. Our travel services include: • Air travel • Hotel reservations • UK and European rail • Worldwide travel alerts • Passport and visa assistance • Movement of weapons and armour • Worldwide car hire • Detailed management information SAT Marine’s account management team is committed to achieving the best results for your business and regular communication is key to our success. We strive to develop strong, productive and long-lasting partnerships with all our clients resulting in maximum efficiency and bottom-line savings for your company. Our account management services include: • Regular client reviews with your own personal SAT Marine account manager • Service level agreements ensuring that our consultants bring best practice to the way you travel • Travel policy compliance and assistance with policy development • Data analysis including the identification of cost saving opportunities with suggested course of action in order to maximise savings • Management of your corporate frequent-flyer programmes, bringing company benefits every time your employees travel • CO2 tracking, allowing you to continually measure your carbon footprint • Corporate social responsibility For more information contact Paul Sutton on 01204 477440 or e-mail: paul.sutton@satmarine.co.uk

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Smuggling

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Pope Francis recently spoke out against a worldwide culture of indifference to people suffering

Protecting the identity and rights of human trafficking survivors not only helps convict traffickers but also guards against retrafficking.

Money laundering initiative

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NODC executive director Yuri Fedotov attended an international meeting of high-level officials dealing with security in Vladivostok, Russia, on 2 and 3 July 2013. During the meeting he called for intensified international cooperation to combat money laundering and promote transport security.

Pope speaks out Drugs, human trafficking and slavery continue to plague the maritime industry, as Pope Francis warns of the ‘globalisation of indifference’

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he United Nations Office on Drugs and Crime (UNODC) has commissioned a country assessment of service providers and criminal justice representatives who deal with victims of human trafficking in India. The report is the result of consultations with officers of anti-human trafficking units, key ministries and civil society, as well as government and NGOrun victim shelter homes. It also provides a brief situational analysis of 13 forms of human trafficking, such as trafficking for organs, forced marriages, and adoption rackets, and highlights broad trends across the country. The report, made possible with support from the European Union, details initiatives taken by the

national, as well as 21 state-level governments in India, to counter trafficking; lays out constitutional and legal provisions, including landmark judgments; and describes government-sponsored protection schemes. Data from the National Crimes Record Bureau of India on missing persons is also presented. In addition, the report identifies key areas that require attention and concerted action to strengthen services for trafficking survivors, such as the provision of special juvenile police units and victim shelters. The assessment was carried to assist officials, service providers and stakeholders to develop a comprehensive response for victim assistance and protection services in the area of human trafficking in the country.

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“Combating money laundering and ensuring transport security are challenges in themselves. They are also key to untangling the web of illicit drugs and transnational organized crime,” he said. “Money laundering enables criminals to profit from illegal activities such as drugs and weapons smuggling and human trafficking. Criminals also rely on gaps and corruption in the supply chain. We can only tackle these global threats if we work together.” He added: “A cooperative, networked approach is critical in this fight. Information must be shared across borders, in and between regions. An effective criminal justice response requires international coordination.”

Forced labour

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elegates at a recent Vatican conference heard that forced labour in the maritime world is still common place. Contrary to the popular view, it is not restricted to developing countries, but also occurring in countries such as New Zealand, Russia, Turkey, South Korea, Ireland and Scotland. Fr Giacomo Martino, consultor to the Pontifical Council for Migrants and Itinerant Workers, highlighted industrial fishing vessels as a particular area of concern: “Crew on fishing vessels permanently positioned on the high seas are unlikely to report abuse, injury or death or otherwise seek help for their own protection,” he said. “Fishers often have to surrender identity documentation to their master so mobility in port is restricted, their isolation is further compounded by the difficulty or lack of communication with family whilst at sea, due to the lack of access to mobile or satellite phones.” Martino, a former port chaplain and Italian national director of global seafarers’ charity Apostleship of the Sea, said a further factor contributing

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Corporate viewpoint POLICY & FORUMS 58

Top team work H

HR Maritime Consultants provides top-level teams of security consultants that offer the highest standards of service

R Maritime Consultants (HRMC) is a well-established, well-respected market leader in the provision of maritime security and risk management. HRMC provides maritime security services using specialist personnel with international experience. The operational platform is owned, operated and supported by long-serving members of the British armed forces (principally the SAS, SBS, SFSG and Royal Marines). The human resources utilised by HRMC are of an exceptional grade, recognised as such the world over. In tandem with this level of experience, HRMC offers its clients a discreet, bespoke service. HRMC achieves the highest standards of service through rigid quality control mechanisms and highly selective recruitment. WHO IS HRM? • ISO 9001 • SAMI CERTIFIED STAGE 1 • PANAMA REGISTERED • CATLIN INSURANCE PREFERRED PROVIDER • GRAY PAGE VETTED MISSION STATEMENT To provide risk management and maritime security services to government, corporate and private clients worldwide via our team of specialist security professionals. We offer clients a discreet, bespoke service, achieving the highest standards through rigid quality control mechanisms and highly selective recruitment

For more information, contact: HR Maritime Consultants Ltd Suite 15, Rural Enterprise Centre Vincent Carey Road Hereford, HR2 6FE Tel: + 44 (0) 1432 37992 6/7 E-mail: enquiries@ hrmaritime.com Web: www.hrmaritime.com

VISION Our vision is to provide competitively priced, unsurpassed security and risk management solutions to our clients, building sustainable and professional business relationships within the global maritime community. BUSINESS PRINCIPLES • To maintain a consistently high level of service • To provide a credible, discreet and honest service every time • To promote the highest operational, professional and ethical standards at all times • To provide fully independent advise

to our clients. • To actively pursue and promote higher standards within the industry, achieved by remaining compliant with industry standards at all times WHAT MAKES HR MARITIME CONSULTANTS DIFFERENT? • 5 YEAR VETTING ON ALL MSO’s • ALL MSO’s ARE PSYCHOMETRICALLY TESTED • HRMC HAVE 24HR OPERATIONS AND LEGAL SUPPORT • MARITIME TRAINING CENTRE HRMC trains maritime operators, in its Asian training camp, which offers a variety of live firing ranges, including the only offshore maritime ranges that utilise ship- to-ship live firing. This course is the most comprehensive training package in the security industry that certifies its students in the use of a range of weapons, from pistols to heavy calibre machine guns. As a highly transparent, thoroughly accredited and competitively priced risk management and maritime security provider, HR Maritime Consultants has our client’s best interests at the heart of every decision made on their behalf. We always strive to maintain and build a strong working relationship. We understand that our people are our strongest asset and through a combination of pre-deployment training and post-task individual evaluation, we are able to maintain only the very highest standards achievable among our deployed operational teams. WHAT WE PROVIDE? • UK MSOs ONLY • COMMERCIALLY EXPERIENCED MANAGEMENT • ROBUST SOLUTIONS • COMPLIANCE • TECHNICAL ENHANCEMENTS

PROFESSIONAl TEAMS HRM recruits only professional maritime teams that are committed to continuous professional development. They must: • Undergo a five-year vetting process as laid down by HRM’s recruitment policy • Have served an unblemished minimum of five years with in the British armed forces • Hold an MCA-accredited STCW’95 certificate • Hold an MSC-recognised ship security officer qualification • Hold a British seaman’s discharge book • Hold a British seaman’s card • Have a medical recommendation from a UK GP • Hold a UK ENG 1 seafarers medical • Hold an in date yellow fever vaccination card • Pass UK Criminal Records Bureau checks • Hold a certified maritime firearms qualification • Hold a proficiency in designated security duties • Trauma trained medic in each deployed team

SUPPORT • Armed and unarmed maritime security teams supporting the global commercial fleet • Maritime Asset security to off-shore hydrocarbon insulations • Maritime security to near-shore and off-shore seismic survey operations

Maritime Security International MSI book summer 2013.indb 58

• 24-hour UK-based operational response centre • Security consultancy support to vessels and off-shore hydrocarbon facilities • Assistance and advice with vessel audits in support of company security officers • In-depth crew and staff training, conducted at the client’s requested location • Regional threat and risk assessments supported by in-depth and relevant intelligence reporting • Citadel placement advice

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Smuggling to the vulnerability of these people is the irregularity of their salary, together with a lack of transparency, and the fact that often the workers are paid, literally, with a share of the catch, which encourages them to work excessive hours.

in, or for a quick phone call home, to disappear immediately inside the metal sheets like cockroaches struck by light; always strangers in every port.”

The conference heard that fishermen are particularly susceptible to exploitation by certain ship owners, brokers and recruitment agencies because of a background of poverty, inexperience and a degree of naivety amongst some migrant workers.

D

Martino also lamented the lack of significant progress since the publication in 2001 of ‘Ships, Slaves and Competition’ by International Commission on Shipping chairman Peter Morris. This report stated that 10-15 per cent of global seafarers work in conditions of modern slavery. The report also detailed accounts of seafarers disappearing after arguments with officials or the existence of black lists for those who joined trade unions. Beyond the fishing sector, Martino highlighted the issue of some owners operating vessels with the minimum number of crew and the fragmentation of national groups, which increased seafarers’ sense of isolation. Additional problems such as lack of health care and social insurance mean that the life of a seafarer is far from the romantic idea of a life of adventure in distant lands. Martino told delegates of his hope that the Maritime Labour Convention 2006 (MLC), which comes into force this August, will establish minimum standards for social security, conditions of employment and welfare conditions on board. The Vatican conference also heard of the continuing phenomenon of piracy, particularly in Somalia, in which hundreds of ships, and thousands of seafarers, have been systematically attacked, taken, and brutalised; with many seafarers kidnapped for several months in atrocious conditions without food and adequate water, sometimes being physically and psychologically tortured. Martino told the conference that unlike others areas of forced migration, seafarers and fishers do not appear as a true “migration issue” because they do not physically have the time to “bother us”. They are “like ghosts touching our cities daily, emerging from ships for the procedure of signing

Migrant deaths uring the first visit of his papacy, Pope Francis spoke against a “globalisation of indifference” for migrants who have perished whilst crossing from North Africa to the Italian island of Lampedusa. During his half-day visit to the island the Pope laid a wreath in the sea to remember the tens of thousands of migrants who have lost their lives whilst crossing the Mediterranean. Pope Francis said that today the world is no longer attentive such to tragedies, “perhaps we think ‘poor guy,’ and we continue on our way, it’s none of our business; and we feel fine with this.’ He also said there are “people for whom the poverty of others is a source of income”. Pope Francis noted that “we have fallen into a globalization of indifference. We are accustomed to the suffering of others, it doesn’t concern us, it’s none of our business” This indifference he said also extended to those behind the scenes “who anonymously make socioeconomic decisions that open the way to tragedies”. Since the early 2000s, the island has become a primary European entry point for migrants, mainly from Africa. Following the Arab unrest, the number of immigrants far surpassed the number of islanders. Martin Foley, national director of the Apostleship of the Sea said “Unfortunately, the ‘globalisation of indifference’ that Pope Francis highlighted is something our port chaplains continue to encounter. The not insignificant number of cases of abandonment, stowaways, non-payment of wages, and other abuses show that indifference and the exploitation of others as a source of income are still present in the maritime world.”

Misreporting

P

ress reports of the Dutch police arresting three divers as they tried to remove a metal cylinder from the hull of a tanker have highlighted the misconceptions of maritime security within the shipping industry and further afield, according to specialist maritime intelligence company Gray Page in its Think Tank section.

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“While coverage of (and commentary on) the event itself demonstrates the role that international commercial shipping plays in the global criminal marketplace, uninformed journalism also has the effect of contributing to widespread confusion over the nature of threats faced by ship owners, operators and charterers in their day-today commercial activities,” Gray Page said. Press reports suggested that attaching receptacles to the hulls of ships was a new development, which might be used in British ports, and which had never been seen in Europe before. “Naturally, these descriptions provide a worrying picture for the European shipping community, which may be left with the impression that they now face a new threat from drug traffickers utilising such a technique. However, while such worry-inspiring journalism may sell papers, for those with a vested interest in securing their maritime investments, such information is misleading. “Despite the fact that this latest interdiction may constitute a ‘first’ in terms of narcotics captured by Dutch law enforcement in this form, the method has been in use for years, if not decades; and while the technique is correctly attributed to major Latin American drug-trafficking organisations, it is by no means a ‘new method’. Neither would it constitute a greater threat to British ports any more than it would an Irish, German or Italian port,” Gray Page said. “Traffickers employ a variety of maritime means to achieve their aims including everything from private yachts to general cargo ships. However, in recent years a growing number of major seizures destined for Europe have been made from maritime containers which often arrive in Spain via West Africa, before onward transit to other European hub ports. Since 2003, at least 27 drug seizures have been recorded, including 12 in 2011 measuring nearly six metric tons of cocaine,“ Gray Page continued. The threat, possibly daily, to container operators undertaking business between Europe and West Africa is still much higher than that from illegal attachments to a ship’s hull. “It behoves private shipping interests to understand the current nature of threats which they face, rather than depend on past examples or sensationalised journalism for relevant information on potential threats. Like criminal and terrorist organisations themselves, the techniques used by such groups are constantly evolving along with responses by law enforcement, and while such techniques are often ‘recycled’ over time, it pays to be aware of current and most common trends.” •

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Organised by

In association with

29 October 2013 Radisson Blu Scandinavia, Copenhagen, Denmark Principal sponsors

Ready for Revival In this intensive one-day conference, experts will address the current state of the tanker market, discuss the headline issues and weigh up hopes for revival through the following presentations and panel discussions: Finance - Tight credit and tight bottom lines Shipowners, bankers and brokers will give their thoughts on the state of credit availability and liquidity in the tanker market

Ballast Water Treatment - A victory for common sense This afternoon session will explain the details of the recent BWMC amendments and investigate the real costs and consequences of installing and operating a ballast water management system. EEDI, SEEMP and MRV - The practicalities of emissions reduction Shipowners and operators will share their experiences with EEDI compliant eco-ships and SEEMP implementation

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Official Media

InterManager

MSI book summer 2013.indb 60

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Offshore

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At the same time, EU member states will have to prepare external emergency response plans covering all offshore drilling installations within their jurisdiction. These plans will specify the role and financial obligations of drilling companies, as well as the roles of relevant authorities and emergency response teams. MEPs acknowledge the Arctic waters’ important role in mitigating climate change and the need to ensure environmental protection of the Arctic and encourage member states who are members of the Arctic Council “to actively promote the highest standards with regard to environmental safety in this vulnerable and unique ecosystem, such as through the creation of international instruments on prevention, preparedness and response to Arctic marine oil pollution”.

Safety first Safety of oil and gas installation is on the European agenda, with the advent of a new directive Plus: oil spills, Russian breakthrough, BP

T

he EU Parliament has given the green light to a new directive on the safety of offshore oil and gas operations. The new rules will require oil and gas firms to prove their ability to cover potential liabilities deriving from their operations and to submit major hazard reports and emergency response plans before operations can start.

All operators will need to ensure they have access to “sufficient physical, human and financial resources to minimise and rectify the impact of a major accident”. No licence will be granted unless the applicant has provided evidence that “adequate provision has been or will be made to cover liabilities potentially deriving from its offshore oil and gas operations”.

“We need more important standards when it comes to risk management. We believe the rules we are currently coming up with can be used as a template at international level,” said Ivo Belet, who steered the legislation through Parliament, which was adopted by 572 votes to 103, with 13 abstentions.

Before starting operations, drilling companies will be required to submit to the national authorities a special report, describing the drilling installation, potential major hazards and special arrangements to protect workers. Companies will also have to provide an internal emergency plan, giving a full description of the equipment and resources available, action to be taken in the event of an accident and all arrangements made to limit risks and give the authorities early warning.

Referring to the Arctic, Belet noted: “The EU has no territorial waters in the North Pole area so it’s difficult for us to envisage a moratorium on gas and oil exploration in this area.”

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Member states with offshore waters that have no offshore oil and gas operations under their jurisdiction and landlocked countries with companies registered in their territories will need to apply only a limited number of this directive’s provisions. Member states will have two years to transpose the directive into their national laws, while for existing installations, the deadline for transposition will be five years.

Oil spill response tests

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ests undertaken by Parat Halvorsen on oil spill response equipment (OSR) for offshore supply vessels reveal significant deficiencies with systems using hot water coils. The company undertook a series of trials after a number of lower cost hot water coil alternatives entered the market. According to Kim Kristensen, Marine and Offshore, Parat Halvorsen: “We have shown empirically that steam injection is the one viable solution proven to keep heavy oil viscous enough for easy loading and offloading.” Any spilled oil is recovered by OSR-equipped vessels and stored in tanks until it can be delivered to recovery stations on land. The recovered oil has to be heated to maintain a sufficient viscosity for offloading. Parat Halvorsen offers a heating solution based on steam injection from an onboard boiler. To verify whether alternative hot water-based solutions work, Parat installed a compact heating coil and a steam injection nozzle in a test tank at its facilities in Flekkefjord. The tests measured performance of both solutions in water and in heavy oil. The empirical results showed that heat transfer in heavy oil using the hot water coil was just 10% of that achieved by the same coil in water.

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Offshore “The results from the tests clearly showed that using a heating coil is not a viable option,” said Kristensen. “When we started the steam injection system, live temperature logging recorded the way the oil was evenly heated in a matter of minutes. “Our advice to shipyards and owners is to exercise caution on OSR equipment selection, basing choices on correct, up-to-date information. We believe that the laws of physics are against hot water coil-based systems, particularly in cold, harsh weather conditions such as those in the North Sea.” Companies should thoroughly evaluate equipment performance, Kristensen added, “or they may find that any price differential is more trouble than it is worth”. Parat has also patented part of the hot water circulation loop used in normal operations interconnecting heat recovery and heat consumers to ensure continuous operation. If an oil spill incident should occur, the vessel operator can bypass the boiler in the hot water loop and re-mobilise the boiler to generate steam for the ORO tank heating system.

Breakthrough in Russia

M

aritime safety and environmental systems manufacturer Martek Marine has achieved a breakthrough first sale in Russia to national oil and gas explorer Gazflot.

Navgard, which comes with a two-year warranty, uses real-time data logging, providing essential evidence in the event of an incident. Unlike some competitors that use simple key switches, Navgard requires a master password to disable, also noting when the system is switched on and off so that checks can be made to ensure it is being used continuously. When MV Karin Schepers grounded in 2009, the accident report noted that a BNWAS was present, but had been switched off by crew. IMO regulations require all ships to fit a BNWAS before July 2015.

BP fraud hotline

B

P has launched the Gulf Claims Fraud Hotline to help protect the integrity of the claims processes relating to the Deepwater Horizon oil spill.

The hotline is a reliable resource for people who want to do the right thing and report fraud or corruption, the company said in a statement. “Reports should be made of any fraudulent or corrupt activity, no matter where in the claims process it occurs – whether in the solicitation of the claim by attorneys, accountants or other claims preparation services, the preparation of the financial records and claim application, or the processing of the claim – and no matter whether the claim was filed with BP, the Gulf Coast Claims Facility (GCCF), or the Court Supervised Settlement Program (CSSP).”

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The launch of the hotline comes as federal law enforcement officials are clamping down on cases of fraud and other abuses in the claims process. In recent months, US attorneys in Florida, Alabama and Louisiana have secured guilty pleas and convictions against multiple individuals for attempting to defraud the claims process and take money to which they are not entitled under the law, BP said. The Court has appointed Louis Freeh, former federal judge and Director of the FBI, as Special Master. Judge Freeh is leading an independent investigation of the CSSP with wide latitude to look for “possible ethical violations or misconduct”. BP says the Gulf Claims Fraud Hotline is particularly timely because the CSSP spends substantially less than the GCCF spent to combat fraud. “This seems inappropriate given that the GCCF’s fraud detection program enabled it to identify more than 7,000 claims as ‘multi-claimant scams or even efforts at criminal fraud’. The GCCF referred more than half of these to the US Department of Justice for criminal investigation.” “While BP continues to take steps to stamp out fraud and corruption and assure the integrity of the claims process, it remains committed to the Gulf and to the payment of legitimate claims for real losses. So far, BP has spent $14bn on response and clean-up to help restore the environment. The company has also paid more than 300,000 claims totaling over $11bn to help restore the Gulf economy.“ •

In another first, Martek’s calibration gases will be used on a pair of jack-up rigs in Yushno Sakhalin rather than on merchant vessels. Gazflot has a fleet of nine vessels, including jack-up rigs, icebreakers and research ships. The Russian energy major has also placed orders for six of Martek’s Navgard bridge navigational watch alarm system (BNWAS) and signed a six figure system expansion contract. The sale follows the type approval of Martek’s Navgard by the Russian Register and the appointment of Ian Bennett, an experienced Russian-speaking oil and gas industry executive, as Martek’s regional sales manager. Commenting on Martek’s first Russian sale, Bennett said:“We’ve already seen a huge takeup in our systems aboard merchant vessels needing to meet the requirements of SOLAS Chapter V Regulation 19, but we’re also now seeing increasing interest from the offshore market. Approved by all the major classification societies, Martek’s Navgard is the easiest, quickest and lowest cost system to install.”

Martek’s Navgard

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Events POLICY & FORUMS 64

13-15 August 2013, Brazil

8-10 October 2013, India INMEX India 2013

Navalshore – Marintec South America 2013 Navalshore – Marintec South America, universally acknowledged as the strategic event for the maritime value chain in Brazil, provides opportunities for your company to drive new revenue with a highly qualified audience. In 3 high-impact days of networking, you will have direct access to all the key people who are part of the decisionmaking process for the purchase of new products and vendor selection: project designers, engineers, operations, production, purchasing and directors. www.ubmnavalshore.com.br

9-13 September, London International Shipping Week The highest level networking event of the year is promised with leaders from across the whole spectrum of the

28-31 October, London Security in Challenging Environments Week SCE Week is the global meeting place for security leaders active in the world’s most complex operating environments. Over four days in October, three separate forums will bring a wealth of experience and expertise in one place to demonstrate what success looks like in today’s security industry. www.hansonwade.com

www.londoninternationalshippingweek.com

13-14 November, London Transport Security Expo

6th Annual Invest in International Shipping & Marine Services Forum The shipping industry is going through difficult times but in spite of this unpredictability there is the opportunity for innovation and global collaboration. This event aims to provide investors with a comprehensive review and current outlook of the various shipping and marine services markets, and raise the profile of listed shipping and marine services companies amongst the UK and wider European investment communities.

2-3 October 2013, Malaysia Offshore Patrol and Security Asia Pacific Offshore Patrol and Security Asia Pacific is an international conference and exhibition dedicated to the maritime security marketplace. The conference attracts an international array of delegates from navies, coast guards, maritime police and civilian authorities. www.ops-asia-pacific.com

8-9 October, Mexico

Transport Security Expo brings together the world’s leading experts from government, military, law enforcement and security services face to face with the aviation, maritime and public transport industries, to assess the threat level, examine the countermeasures in place and, where necessary, recommend alternate strategies to deal with these threats. Transport Security Expo comprises an extensive conference and workshop programme, supported by one of the largest dedicated technology exhibitions held internationally each year. www.transec.com

www.forums.capitallink.com/shipping/2013london

26 November 2013, Turkey Turkish Maritime Forum 2013 A nation repositioning itself in maritime trade Seatrade and TradeWinds present the Turkish Maritime Forum, a new approach to Turkish shipping, designed for a nation repositioning itself in maritime trade. www.turkishmaritimeforum.com

3-4 December, London World BORDERPOL Congress.

Trans Security Expo

Border management and protection is no longer a local or regional issue, it is a global challenge.

www.transsecexpo.com

www.borderpol-event.org

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www.inmexindia.com

shipping industry.

26 September, London

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.

South Asia’s largest Maritime Exhibition & Conference will take place from 8 – 10 October 2013 at the Bombay Exhibition Centre, India. The event provides key players with an unprecedented opportunity to connect with thousands of buyers, build strategic partnerships and gain a solid understanding of the present and future trends in the region’s buoyant maritime and shipping market.

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Rebranded and relaunched for 2013 26 NOVEMBER 2013 INTERCONTINENTAL ISTANBUL

View the conference programme online

A TradeWinds and Seatrade event

Sponsored by

Supported by

SAMI www.seasecurity.org

Official media

Supporting media

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NETWORKING OPPORTUNITIES | CONFERENCE | WORKSHOPS | EXHIBITION

MCSA MARITIME & COASTAL SECURITY AFRICA 2013

Piracy around Africa costs the international shipping industry $9 - $12 billion per year and continues to rise.

Secure your profits by staying ahead of developments in this ever-changing environment.

25 – 27 November 2013

Cape Town International Convention Centre Cape Town, South Africa www.maritimesecurityafrica.com

To secure your participation today, contact Marcel du Toit on +27 21 700 3545 or marcel.dutoit@spintelligent.com for a customized proposal. Platinum sponsor:

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6/20/2013 8:37:55 AM 29/07/2013 16:36

Maritime Security International - Summer 2013  

A comprehensive in-depth coverage of all the main security issues that effect ports, offshore and the shipping industry as a whole.