Marine Operations Note: 01/2022 - Authorization of private maritime security companies (PMSC) providing privately contracted armed and unarmed security personnel on board Liberian flagged ships in the high risk area (HRA).

MARINE OPERATIONS NOTE – 01/2022

SUBJECT: Authorization of private maritime security companies (PMSC) providing

privately contracted armed and unarmed security personnel on board Liberian flagged ships in the high risk area (HRA).

References: (a) MSC.1/Circ.1405/Rev.2

1. MSC.1/Circ.1406/Rev.3
2. MSC.1/Circ.1443

(d) ISO 28007-1:2015

1. MSC.1/Circ.1408/Rev.1
2. Marine Notice ISP-001 Rev. 10/21

Purpose

The utmost priority of this Administration is the safety and security of its registered ships and the seafarers manning these ships when transiting the HRA. In this regard, the Administration recognizes that shipowners may employ the use of privately contracted armed and unarmed security personnel to secure their ships considering the continuing risk of global piracy incidents.

This Marine Operations Note promulgates the Liberian Administration’s requirements and procedures for authorization of PMSC for providing armed and unarmed security personnel on Liberian flagged ships. Only PSMC authorized in accordance with the provisions of this Marine Operations Note will be permitted to provide Privately Contracted Armed and Unarmed Security Personnel on Liberian flagged ships commencing September 1, 2022.

The authorization of PMSC does not endorse or institutionalize their use or address any legal issues that might be associated with the use of privately contracted armed or unarmed security personnel on board ships.

Background

The Maritime Safety Committee (MSC), at its eighty-ninth session (11 to 20 May 2011), approved interim recommendations to flag States and interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel on board ships in the HighRisk Area (HRA).

At MSC 90, The Committee also developed interim guidance to private maritime security companies providing privately contracted armed security personnel on board ships in the HRA in MSC.1/Circ.1443; and to take into account consequential amendments arising from the development of the interim guidance, subsequently revised the interim recommendations to flag States (MSC.1/Circ.1406/Rev.2) and the interim guidance to shipowners, ship operators and shipmasters on the use of privately contracted armed security personnel (PCASP) on board ships in the HRA (MSC.1/Circ.1405/Rev.2).

At the intersessional meeting of the Maritime Security and Piracy Working Group in September 2011, interim recommendations for port and coastal States regarding the use of PCASP on board ships in the HRA were approved (MSC.1/Circ.1408), which were subsequently revised at MSC 90 to take into account minor consequential amendments arising from the development of the interim guidance to PMSC set out in MSC.1/Circ.1443.

The interim recommendations to flag States regarding the use of PCASP on board ships in the HRA were again revised at MSC 95 (MSC.1/Circ.1406/Rev.3) to take into account publication of International Standard ISO 28007 on certification of PMSC.

In recent years there has been a significant increase in the number of shipowners and operators choosing to employ privately contracted armed or unarmed security personnel for protection against piracy and armed robbery in the HRA. To ensure the PMSC and PCASP securing and protecting Liberian registered ships from piracy and armed robbery are well regulated, beginning September 1, 2022, all PMSC wishing to employ privately contracted armed or unarmed security personnel on board Liberian registered ships will be required to assessed and authorized by the Administration.

Applicability

This Marine Operations Note applies to all PMSC’s seeking to provide privately contracted armed and unarmed security personnel on board Liberian registered ships.

Definitions

Authorized Service Provider means an entity authorized by the Administration to provide Privately Contracted Armed Security Personnel to Liberian flag vessels.

Best Management Practices means practices to deter piracy and Enhance Maritime Security when transiting the Red Sea, Gulf of Aden, Indian Ocean and Arabian Sea and the new Global Counter piracy Guidance for Companies, Masters and Seafarers.

Coastal State means the State of nationality of the area of transit within coastal waters

Company means the owner of the ship or any other organization or person such as the manager, or the bareboat charterer, who has assumed the responsibility for operation of the ship from the owner of the ship and who on assuming such responsibility has agreed to take over all the duties and responsibilities imposed by the International Safety Management Code.

Firearms means portable barrelled weapon from which projectile(s) can be discharged by an explosion from the confined burning of a propellant and the associated ammunition, related ancillaries, consumables, spare parts and maintenance equipment used by security personnel at sea

High Risk Area means area considered as a higher risk of piracy attack and needs additional security requirements may be necessary.

Incident means an event that has been assessed as having an actual or potentially adverse effect.

Maritime security services mean services which range from intelligence and threat assessment to ship hardening and the guarding and protection of people and property (whether armed or unarmed) or any activity for which the company personnel may be required to carry or operate a firearm in the performance of their duties

Private Maritime Security Companies (PMSC) means Private contractors employed to provide security personnel, both armed and unarmed, on board for protection against piracy.

Privately Contracted Armed Security Personnel (PCASP) means armed personnel employed by Private Maritime Security company.

Risk assessment means overall process of risk identification, risk analysis and risk evaluation

Rules for the use of force means a clear policy drawn up by the Private Maritime Security Company (PMSC) for each individual transit operation which sets out the circumstances in which force, to include lethal force, in the delivery of maritime security services may be used in taking account of international law and the law of the flag state

Security Management System means a risk-based security framework

Security means a process to pre-empt and withstand intentional, unauthorized act(s) designed to cause harm, damage or disruption

Security related equipment means protective and communication equipment used by security personnel at sea

Team leader means a designated leader of the personnel contracted to provide security services aboard the ship

Requirements for authorization of PMSC

The assessment criteria in this Marine Operations Note is to establish that the PMSC meets minimum criteria or minimum requirements in references a), c) and d) above before being authorized to provide PCASP on board Liberian registered ships.

1.0 Security Management System

1.1 PMSC shall hold valid accredited certification to ISO 28007-1:2015 or equivalent accreditation verifying the PMSC has a documented security management system that addresses at least the elements listed below:

.1 understanding the PMSC and its context;

.2 understanding the needs and expectations of interested parties;

.3 leadership and commitment;

.4 senior management experience and competence;

.5 organizational roles, responsibilities and authorities;

.6 structure of the organization and place of registration;

.7 code of conduct for personnel involved in the relevant activity;

.8 financial stability of the organization and bank references;

.9 outsourcing and subcontracting;

.10 insurance cover, in particular covering third-party risks;

.11 company ownership and management structure of the organization;

.12 actions to address risks and opportunities;

.13 security objectives and plans to address them;

.14 legal, statutory and other regulatory requirements;

.15 authorization and licensing of firearms and security related equipment;

.16 selection, background screening and vetting of sub-contractors;

.18 training and awareness of personnel;

.19 communication and awareness;

.20 documented information and records;

.21 operation planning and control;

.22 command and control of security personnel including security team, size, composition and equipment;

.23 guidance on rules for use of force;

.24 incident management and emergency response;

.25 incident monitoring, reporting and investigation;

.26 Scene management and protection of evidence;

.27 Casualty management;

.28 Health safety environment;

.29 Client complaints, grievance procedures and whistle blowing;

.30 Performance evaluation including measurement analysis, internal audit, management review, nonconformity and corrective action; and

.31 Countries in which operations are conducted or managed, including countries through which PCASP may transit.

2.0 PMSC background information

2.1 PMSC shall be able to provide documentary evidence which includes:

.1 maritime experience;

.2 written procedures on management including team-leading skills, chain of authority, change in command, responsibilities in life-saving;

.3 understanding of flag State, port State and coastal State requirements with respect to carriage and usage of firearms;

.4 availability of written testimonials/references from previous clients in the maritime industry;

.5 Firearms are procured, stored, carried, used, transported, embarked and disembarked legally;

.6 understanding of piracy threats in the HRA including the military operations in the area, and the means to maintain current knowledge;

.7 understanding of Best Management Practices (BMP) and in particular, ship protection measures; and

.8 access to competent maritime legal advice (e.g. in-house counsel/external legal advisers) on a 24/7 basis.

3.0 Selection and Vetting of PSMC

3.1 PMSC shall demonstrate that they have verifiable, written internal policies and procedures for determining suitability of their employees. PMSC shall be able to provide documentary evidence which includes:

.1 criminal background checks;

.2 history of employment checks;

.3 military and law enforcement background checks, where applicable;

.4 records of medical, physical, and mental fitness of personnel (including regular drug and alcohol testing);

.5 verifiable systems in place to ensure continued suitability for employment of their personnel;

.6 documentary evidence of relevant experience and certification in the use and carriage of firearms to be deployed; and

.7 systems for provision of security identity documentation, travel documents and visas. 4.0 Training of PCASP

4.1 PMSC shall be able to provide documentary evidence which includes:

.1 comprehensive and detailed records of training, both initial and refresher training;

.2 that subject to any additional requirements of the flag State, PCASP have received, as a minimum, shipboard familiarization training, including communication protocols;

.3 that personnel have been trained and qualified to documented company standards in the appropriate use of force following recognized principles/guidelines recognized by the flag State;

.4 that personnel have been trained to operate the specific firearms and other security equipment that will be used on the ships on which they will be deployed;

.5 that personnel have been given medical training to a recognized international standard; and

.6 that personnel have been given appropriate training and/or briefing (ISM) Code and BMP, with specific reference to the ship type, where that ship will be operating, and

the provisions of the International Ship and Port Facility Security (ISPS) Code, International Safety Management.

5.0 Insurance cover

5.1 PMSC shall provide evidence that they hold and will maintain for the duration of the contract:

.1 public and employer's liability insurance cover to an appropriate level and as required by the shipowner; and

.2 personal accident, medical expenses, hospitalization and repatriation insurance.

5.2 PMSC shall insure their personnel to carry and use firearms on such voyages for accident, injury and damage arising from the use of firearms and liability for any claim that might arise from the carriage and/or negligent or intentional misuse of firearms.

6.0 PCASP team size, composition and equipment

6.1 It is important that there is an appropriate hierarchy, experience and skill mix within the onboard PCASP team. The team leader shall be competent in ship vulnerability and risk assessments and be able to advise on ship protection measures. At least one of the PCASP personnel shall be qualified as the team medic;

6.2 The PMSC shall provide as applicable, the PCASP team with proper equipment taking into account the length of the estimated time of the ship transit, latest threat assessment, the agreed duties of the PCASP team (will they act as additional lookouts, utilize day- and night-vision equipment, assist with rigging self-protection measures?) and the size and type of ship.

6.3 The PMSC shall employ as applicable, appropriate firearms pertaining to the type, carriage and use of firearms by PCASP, in order to provide an accurate and graduated level of deterrence, at a distance.

7.0 Command and control

7.1 The PSMC command and control structure shall provide:

.1 a clear statement recognizing that at all times the Master remains in command and retains the overriding authority on board, and an agreed procedure in the event of the Master being unavailable;

.2 a clearly documented set of ship and voyage-specific governance procedures, inter alia, covering procedures for the conduct of exercises and real incidents;

.3 a documented list of duties, expected conduct, behavior and documentation of PCASP actions on board; and

.4 transparent two-way information flow and recognizable coordination and cooperation between the shipowner, charterer, PCASP, PMSC and the ship's master, officers and crew throughout deployment.

8.0 Management of firearms and ammunition from embarkation to disembarkation

8.1 The PCASP team shall demonstrate responsible management and use of weapons and ammunition at all times when on board.

8.2 Issues to be considered shall include:

.1 documented compliance with the applicable flag, coastal and port State legislation and relationships governing the transport, carriage, storage, provision and use of firearms, ammunition and security equipment to and from the points of embarkation and disembarkation or ports/places at which the ship may call as part of its intended voyage whilst the PCASP team is on board. PCASP shall be able to prove that actual inventory carried matches all documented declarations including compliance with any applicable export/import licenses;

.2 appropriate containers for firearms, ammunition and security equipment at the point of transfer to and from the ship, in full legal compliance with national jurisdiction and port State laws;

.3 documented standards and procedures for a complete inventory of all firearms, ammunition and security equipment available upon arrival aboard the ship (inventory should detail make, model, caliber, serial number and company end-user certificate and proof of purchase of all firearms and accessories; and details of ammunition natures and amount);

.4 effective control procedures for separate and secure onboard stowage and deployment of firearms, ammunition and security equipment;

.5 areas where firearms may or may not be carried, together with the weapon state (e.g.

unloaded and magazine off, magazine on and safety catch on and no round chambered) and what conditions will initiate a change in that state shall be confirmed;

.6 detailed and exercised orders for when firearms may be loaded and made ready for use shall be confirmed, trained and documented during certain periods as listed in the PCASP contract, to ensure the highest of safety and operational capabilities for use of firearms aboard the ship; and

.7 The inventory shall be reconciled on disembarkation of all firearms and ammunition from the ship.

9.0 Rules for the use of force

9.1 PMSC shall ensure that all PCASP have a complete understanding of the rules for the use of force as agreed between shipowner, PMSC and master and fully comply with them. PCASP should be fully aware that their role in regard to the above is exclusively for the protection of life of persons on board and the ship from armed pirate attacks. PMSC shall provide a detailed graduated response plan to a pirate attack as part of their teams' operational procedures.

9.2 PMSC shall require their personnel to take all reasonable steps to avoid the use of force. If force is used, it shall be in a manner consistent with applicable law. In no case shall the use of force exceed what is strictly necessary and reasonable in the circumstances. Care shall be taken to minimize damage and injury and preserve human life.

9.3 PMSC shall require that their personnel not use firearms against persons except in selfdefense or defense of others.

10.0 Reporting and record-keeping

10.1 In the event that the PCASP use force, PCASP team leaders shall be advised to photograph (if appropriate), log, report and collate contemporaneous written statements from PCASP present at the incident in anticipation of legal proceedings.

10.2 In addition to incident reporting it is recommended that following a tour of duty, the PCASP team should submit a full report to the shipowner/ship operator, via their employers if required, giving full details of the deployment, operational matters, any training and/or ship hardening conducted, and offering advice as to any further enhancements to security that may be considered.

11.0 Application for Authorization of PMSC

11.1 PMSC who provide privately contracted armed or unarmed security personnel to Liberian registered vessels shall submit an application to Security@liscr.com providing the following:

.1 valid accredited certification to ISO 28007-1:2015 or equivalent accreditation verifying the PMSC has a documented security management system that addresses at least the elements described in paragraph 1 above;

.2 verifiable documentary evidence of meeting the requirements described in paragraphs 2 to 10 above related to:

.1 PMSC background information;

.2 Selection and Vetting of PSMC;

.3 Training of PCASP;

.4 Insurance cover

.5 PCASP team size, composition and equipment

.6 Command and control

.7 Management of firearms and ammunition from embarkation to

disembarkation

.8 Rules for the use of force

.9 Reporting and record-keeping

.3 Complete the checklist provided in the Appendix

12.0 Authorization of PMSC and issuance of authorization document

12.1 Upon satisfactory completion of the PMSC assessment taking into consideration all of the above criteria, the Liberian Administration will authorize the PMSC for a period of 1 year, which may be renewed upon application and satisfactory re-assessment for the same period.

12.2 Authorized PMSC’s are also required to enter into an authorization and reporting agreement with the Administration.

12.3 A list of PMSCs authorized by the Administration may be obtained by contacting the Administration at Security@liscr.com or on Liberian Registry website www.liscr.com under ‘the “Maritime” , “Maritime Security Department” tab and “List of Authorized PMSCs”.

12.4 To enable the use of authorized PMSC personnel on Liberian registered ships, the Liberian Administration will require a copy of the PMSC authorization document to be carried on board the ship.

12.5 Shipowners/Operators intending to use a PMSC that is not authorized by the Administration will require that the PMSC apply for assessment and authorization using the procedure described above. Upon receipt and pending assessment of the application, the Administration may agree to provide provisional authorization to the PMSC for a period of one (1) month and for a single service only.

Fees

13.0 The Administration will assess the following administrative and documentation fees for the review of the application for authorization as a service provider and for the issuance of the Authorization Document, and the subsequent annual renewal of the Document.

Review of Application for Authorization – US$ 500.00

Initial Assessment and Authorization – US $4000.00

Renewal Assessment and Authorization (annually) – US $4000.00

Amendment to authorization document (change of name or address) - $350

Provisional assessment and Authorization (for 1 month and single service) - $1000.00

If you have any questions on this Marine Operations Note, please contact security@liscr.com or call +1 703 790 3434 and ask for the Security Department.

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APPENDIX PMSC ASSESSMENT REVIEW QUESTIONNAIRE

DEFICIENCIES OR OBSERVATIONS

Additional Sheets may be added if needed