1. Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
Stake holders: Ship’s Crew, Commercial operators, Insurance companies, Navies, PMSCs, Ministry of Shipping, Flag state of the vessel, Port of call / Country affected and Ministry of Defense / External Affairs
Why do we need Private Maritime Security Contractors / Guards in Indian Ocean?
What’s the business of Anti-Piracy? How many millions spent, High cost attached to cargo being received by Indian Ports, Insurance , War Risk Additional Premium.
How do PMSC work, International Code of Conduct for Private Security Service Providers (ICoC)
Incidents on Indian Coast and negative impact on Fishing Business / Dhows
Indian Laws applicable for Maritime Security Contractors / Guards.
Action plan for next 6 months as deemed inevitable by Govt of India.

2. Gulf of Aden: Data of Attacks vs Hijacking at Sea (Year wise)
Maritime Security Desk
Gulf of Aden: Data of Attacks vs Hijacking at Sea (Year wise)
The threat of piracy from the Somali coast has led to the creation of PMSCs. They provide security to the merchant marines in pirate-infested waters.

3. Legal regime for Private Maritime Security Contractors/ Guards
Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
Few facts world wide:

4. Maritime Security Desk 13.12.2014
Why do we need Private Maritime Security Contractors / Guards in Indian Ocean?
The number of piracy incidents off Somalia, Year 2011 – 237 and Year 2014: 4
Revision of the IBF High Risk Area in the Gulf of Aden and Indian Ocean agreed on 25 March 2011 London, United Kingdom
Given continuing pirate attacks on merchant ships despite the presence of a number of international navies, the Joint Negotiating Group (JNG) and the International Transport Workers Federation (ITF) agreed in London, United Kingdom to extend the geographical coverage of the IBF High Risk Area and terms and conditions applying in said area with effect from 0001Z on 1st April 2011 the Extended Risk Zone is as follows:
“The western border of the Zone runs from the coastline at the border of Djibouti and Somalia to position N, 45 E; from N, 45 E to Mayyun Island in the Bab El Mandeb Straits. The eastern border is set at 78 E, the southern border is set at 10 S and the Northern Border set at 26 N.”

5. Maritime Security Desk
How does the PMSC work
When vessel is given orders to transit GoA, Armed guards are provided by Owners / Charterers. Guards board from floating armouries’ such as the Seaman Guard Ohio which violate coastal state laws with impunity. Boarding off Galle, disembarking off Oman etc….. Armed Guards from India are paid about USD 100 ~ 200 per day whereas from Europe / America are paid USD 500 ~ 900 per day.
Per transit Cost: USD 50,000
Transit allowance for Seafarers , Follow BMP4, Best Management Practices for Protection against Somalia Based Piracy
Compliance with  International Code of Conduct for Private Security Service Providers (ICoC).
Training and professional Judgment of Armed Guards. Coordination with ship staff who has been through various drills and also undergo Ship Security Course. Terminals Ship and Ports have ISPS code.

6. Business of Piracy Maritime Security Desk 13.12.2014
The total cost to the global economy caused by piracy is estimated at about $18 billion a year in increased trade costs, as well as a significant decline in tourist arrivals and fishing yields since 2006.
USD 1 billion per year is the money made by Private Security Companies / Guards per year (20,000 trips x USD 50,000)
Pirates off the coast of Somalia and the Horn of Africa have made between $339 million and $413 million in ransom profits over the past seven years.
PMSCs (private maritime security companies) are an integral part of the shipping industry. Demand for PMSCs in other regions, most notably in West Africa, is also rising and ship operators are eagerly waiting for the new ISO/PAS standard.
Over the past couple of years, the only international standard available to PMSCs was the International Code of Conduct for Private Security Service Providers (ICoC). While the ICoC Association is an independent organisation based in Switzerland, the US government has played a major role in drafting the document itself.

7. Maritime Security Desk
India has less than 10 companies, UK has 208 companies
No registration with Govt of India for Indian PSMC
No floating armoury on Indian Coast
No policy for PSMCs, no code of conduct as per Indian Standards

8. Legal regime for Private Maritime Security Contractors/ Guards
Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
Case Study :
February 2012, Italian marines aboard an oil tanker MT Enrica Lexie, travelling from Singapore to Egypt, fired on a Indian fishing trawler St Antony, approximately 21 nm off the coast of Kerala, mistaking it as a vessel engaged in piracy. Two Indian fishermen were killed. The Italian defence ministry portrayed it as a successful anti-piracy operation. The Italian vessel had a crew of 34, which included 19 Indians.
October 12, 2013 an American vessel MV Seaman Guard Ohio, belonging to the US firm AdvanFort, was apprehended by the Indian Coast Guard off Tamil Nadu Coast for unauthorized presence in India’s territorial waters. The crew and guard of the American vessel, which included Indians, were taken into custody. Thus in a matter of 20 months, two major incidents off the Western Coast of India have taken place, both triggering enormous diplomatic bad blood.

9. Maritime Security Desk
DHOWS: Case Study
Dhows are smaller wooden ship that traditionally are active in sea route trade between Gujarat and Dubai, Somalia, Ethiopia and Africa.
Since March 2010, as many as 350 dhow operators of Gujarat are denied permission by central Shipping ministry’s arm Marine Mercantile Department(MMD) to sail beyond Oman’s Salala port citing danger of Somalian pirates.
According to an estimate by Kutchi Vahanvati Association, the state of Gujarat has as many as 350 dhows. While 125 of them are operated from Kutch, another 225 are operated mainly from Porbandar, Veraval and Jamnagar ports.
The owners of Dhows complain that for last one year MMD has completely stopped issuing permission to sail beyond southern Oman based Salalah port citing danger of Somalian pirates.
Dhow owners say that while regular ships are allowed to sail beyond Salalah, dhow crafts are denied permission which is hurting their business on larger scale.
DeshGujarat Newspaper stated that the business of transporting goods through Dhow has been affected by 75%. Only 25% Dhows are on work while others are lying idle.
He said there are 10,000 people directly employed in Dhows.

10. Admiralty Offences (Colonial) Act, 1849
Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
What laws in place!
The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III), which took place between 1973 and 1982.
Admiralty Offences (Colonial) Act, 1849
Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (the SUA Act, 2002). This Act, vide S.1(2) extends to the Territorial Waters, the Continental Shelf, the Exclusive Economic Zone and
any other Maritime Zone of India within the meaning of
the Maritime Zones Act, 1976.

11. Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
A conjoint reading of UNCLOS III and the Indian statutes in force reveal that though there is no specific mention of the terms “terrorists” or “non-state actors” in their provisions, the statutes are wide enough and do empower the coastal state to enact laws to ensure the security of its shores.
The question whether the Indian courts have jurisdiction to try the two Italian marines involved in the shooting was specifically addressed before the court by the relatives of the dead fishermen. They pointed to Sec.3 of the Indian Penal Code and to two specific statutes in force in India: the Admiralty Offences (Colonial) Act, 1849 and the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (the SUA Act, 2002).

12. Legal regime for Private Maritime Security Contractors/ Guards
Maritime Security Desk
Legal regime for Private Maritime Security Contractors/ Guards
Can we have Laws in pursuant with changing times. Study group for the Admiralty Offences (Colonial) Act, 1849 and the Suppression of Unlawful Acts against Safety of Maritime Navigation and Fixed Platforms on Continental Shelf Act, 2002 (the SUA Act, 2002).
Can we have Short Service Commission personnel from Defense develop a support system for Indian Navy/ Army in places such as Afghanistan, South China Sea, West Africa and Gulf Of Aden / Indian Ocean.
Can we set rules of business in Indian Ocean? Geographical coverage of the IBF High Risk Area and terms and conditions applying in said area with effect from 01st Feb 2015 , shift to Longitude 63deg East.
Can we have Registration process of PMSCs in India?
Can we have floating Armoury’s under Coast Guard in India?
Dhows have been banned from trading by GOI in High Risk area. Can we start that?
Thank You