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ERTIF
FICAT
TE IN MAR
RITIME SE CURIITY
MODULE
E1
Maritim
me Con
ntext an
nd Regulatory
y Frame
eworks
E
Edited by
b
Charles Swan
nson Ms
sc FSyI CSyP
Indepen
ndent Secu
urity and Training
T
Co
onsultant
With
W con
ntributio
ons from
m:
Bob Reev
ve
MA in Intternational Security
Secu
urity Consu
ultant
Welcome to the free tria
al of Module 1 of
o Certificate in
n Maritime Sec
curity
We hope you enjoy the module and find it beneficiall. Once you ha
ave read throug
gh the contentss, if you are interested in
completing
g the rest of the
e course you can
n enrol online viia the website:
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dsmaritimeaca
ademy.com/msec
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e or need more
e information, please
p
do not hhesitate to contact us on:
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edtrademarksofftheSocietyincorrporatedbytheLloyd'sAct1871bbythenameofLlloyd's
CONTENTS
Page No.
LEARNING OUTCOMES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
1.
INTRODUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
2.
HISTORICAL OVERVIEW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3.
3.1
Flag States. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2
3.3
4.
4.1
4.2
Ships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4.3
4.4
Ship Types . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
4.5
Cargo Carried . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
4.6
4.7
4.8
Marine Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
4.9
P&I Clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
4.10
5.
5.1
Piracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
5.2
Piracy Today. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5.3
Terrorism . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
1-1
Contents
Module 1
5.4
5.5
5.6
5.7
5.8
Crime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.8.1
Cargo Theft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
5.8.2
5.8.3
5.8.4
Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5.9
Cyber Crime. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
6.
7.
8.
9.
10.
10.1
10.2
11.
12.
CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
1-2
Module 1
Contents
LIST OF FIGURES
Figure 1: Maritime zones pursuant to the UN Convention on the Law of
the Sea. Source: after Symonds et al., 1998 . . . . . . . . . . . . . . . . . . . . . . . . 9
Figure 2: General Purpose Carrier (Photo: Dirk Steffen 2007) . . . . . . . . . . . . . . . . . 13
Figure 3: Chemical Oil Tanker (Photo: Dirk Steffen 2007) . . . . . . . . . . . . . . . . . . . . . 14
Figure 4: Bulk Carrier (Photo: Dirk Steffen 2007) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Figure 5: Caribbean Cruise Liner (Authors private collection). . . . . . . . . . . . . . . . . . 15
Figure 6: Container Ship (Photo Credit: Author Juergen Lehle. Wikimedia
Commons: GNU Free Documentation License) . . . . . . . . . . . . . . . . . . . . . 16
Figure 7: Greek Fast Ferry (Authors private collection). . . . . . . . . . . . . . . . . . . . . . . 17
Figure 8: The complex network of global cargo ship movements Pablo
Kaluza, Andrea Klzsch, Michael T. Gastner and Bernd Blasius,
J. Royal Society: Interface . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Figure 9: Panamanian motor vessel Gatun during the largest cocaine
seizure in United States Coast Guard history (20 tons), off the
coast of Panama . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Figure 10: Major cocaine and heroin routes. Source: Washingtonpost.com . . . . . . . 31
Figure 11: Over a thousand men, smuggled into Oman, return to Pakistan
by boat after they were arrested and imprisoned (Picture by Ansar
Burney Trust: http://www.ansarburney.org) . . . . . . . . . . . . . . . . . . . . . . . . 32
Figure 12: Example of ReCAAP ISC Incident Reporting Map . . . . . . . . . . . . . . . . . . 48
Figure 13: Signatories of the Djibouti Code of Conduct. . . . . . . . . . . . . . . . . . . . . . . 49
1-3
LEARNING OUTCOMES
1-4
Identify the different types of ship and the patterns of global trade
1.
INTRODUCTION
1-001
This course is designed both for those who have some experience in either
security or the maritime industry or both. It assumes a position of no knowledge
from the student to begin with and so some students may already be familiar
with some of the content.
1-002
Maritime security then is usually associated with ships and with ports but it
should not be forgotten that the maritime industry is part of a larger security field,
that of supply chain security which seeks to secure goods through the life of a
product from producer to end user. The total value of goods stolen in transit
worldwide is estimated to be in the order of $3050 billion, about 8% of which
are in maritime transit.1 Of these over 90% of maritime cargo theft occurs in
ports. Maritime security, in the sense of the security of ships at sea and in port,
has always existed but has tended to be low profile and geographically specific.
In Europe and the United States generally the security of ships at sea has not
been a major issue since the days of European and Barbary piracy. Consequently
the security of ships both in port and at sea in the past was largely casual or
virtually non-existent.
1-003
In some parts of the world however a very different security regime was required.
For example ships that travelled the Malacca Straits and West African ports
were all too familiar with the dangers of piracy and robbery at sea and developed
various measures to mitigate those threats. But often there was little security
methodology beyond the experience and wits of the master and crew.
Occasionally other threats emerged that required mitigation. The hijacking of
ships by large numbers of refugees rescued at sea was one threat, and terrorism
another with the high profile attacks on the QE2 and Achille Lauro as shall be
discussed later. But the organisation and standardisation of security beyond
single ships or specific fleets was virtually unknown.
1-004
It took 9/11 and the threat of potential attacks on ships or using ships as
weapons before international legislation, the International Ship and Port Facility
Security Code (ISPS Code), created the first ever common framework and
principles for ship and port facility security. It also marked for the first time ever
the expansion of IMO authority beyond the hull of a ship and into ports, previously
areas of national sovereignty. To what degree the ISPS Code has helped
individual seamen or ships is arguable but whatever it has done or not done, it
has created the beginnings of a far-reaching international organisation that
enables the control and tracking of ships more than ever before, together with
the potential to react to attacks upon them.
1-005
This course is aimed primarily at ship security but it would be remiss to totally
ignore the associated port facility and port security which has grown out of the
ISPS Code and this is covered where appropriate.
The Detection and Prevention of Cargo Theft, Trends and Issues in Crime and Criminology No. 214 (September
2001), published by the Australian Institute of Criminology.
1-5
2.
HISTORICAL OVERVIEW
International trade among all the nations and regions of the world is nothing new.
From the Phoenicians, Egyptians, Greeks, Carthaginians, Chinese, Vikings,
Polynesians, Celts, Spanish, Portuguese, Italians, British, French and Dutch, the
history of the world is a history of exploration, trade and conquest by sea. The
effects of the growth of sea trade still resonate in modern war and diplomacy too.
Afghanistan was a prosperous hub for the trade routes between east and west
for centuries until the great Silk Road was made obsolete by the ships of
European empires. Even
in the Golden Age of maritime piracy a merchant ship would face better
odds on the high seas than by trying to sneak a caravan through the
rapacious emirs of Transoxiana.3
1-007
2
3
4
Today, international trade has evolved to the point where no nation can be fully
self-sufficient and around 90% of all trade is carried by ship. Every country is
involved in the process of selling what it produces and buying what it lacks: none
can be dependent only on its own resources. Modern ships are technologically
advanced, sophisticated and often huge. Containerships nudge the 14,000 TEU4
barrier, too big to navigate the Panama Canal yet capable of speeds of 25 knots;
huge oil tankers and bulk carriers carry vast quantities of fuel, minerals, and
grain and other commodities around the world. Ships themselves are high value
assets, some costing over US$100 million to build.
Helmut Sohnen, What Bankers always wanted to know about shipping but were afraid to ask, Address to the Foreign
Banks Representatives Association, Hong Kong, 27 June 1985. Reprinted in Fairplay, London 1 August 1987.
Tanner, S., Afghanistan, a Military History from Alexander the Great to the Taliban, Revised Edition, Da Capo Press,
Philadelphia, USA, 2009.
Twenty-foot Equivalent Unit, a measure used for capacity in container transportation, i.e., a Twenty-foot long container
equals 1 x TEU, a forty-foot long container equals 2 x TEU.
1-6
3.
1-008
1-009
In fact the maritime industry is one of the most highly regulated industries in the
world. Ships are subject to a range of laws and regulations, international,
national and regional. In addition ships no longer operate in isolation. They are
nowadays, through satellite communications and tracking, connected constantly
and directly to shipping companies and government agencies as well as being
part of a wider supply chain organisation. From construction through to breaking
the history of a ship is now traceable and transparent.
1-010
Classification Societies.
3.1
FLAG STATES
1-011
1-012
Other countries require much closer ties with the state. For example a US Flag
vessel is required to employ an American crew, will probably pay higher taxes
and fees, requires more rigid training for crews, and more stringent licensing
requirements for crew documents. The regulations regarding fire fighting, life
saving, safety, navigation, and communication equipment are often more
rigorous than other flag states and the procedures regarding the stowage and
carriage of hazardous goods are more restrictive than international laws.
1-013
At the other end of the scale are the Open registries, once called Flags of
Convenience of which Panama and Liberia are the two biggest and best known.
Open or International registries registered just over a 55% share of the
worlds fleet in 2009. These are states which register ships essentially as a
business, although it should be noted that in a spirit of market liberalism nearly
all registries now compete for business with each other. In return for a fee ships
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can be registered, often more cheaply and under less stringent conditions
(although all ships have to comply with minimum international standards) than
some other flags. These states do not have to be maritime states (even Mongolia
has a ship registry) or sovereign nations (the Isle of Man has its own registry).
1-014
War and politics affect the shipping industry just as much, perhaps more, than
other industries. Panama became an open registry because the Second World
War and the US Neutrality Act kept American flagged ships away from Europe.
The US Government gave its permission and American ships reflagged to stay
in business. The Panama Flag was born.
1-015
Thus the flag of a ship is no guide to either ownership (which can be difficult to
establish through a complex system of chartering) or nationality of the crew.
Registering ships has become a part of business and owners change Flag (and
Class, see below) to suit the political and economic circumstances.
1-016
Under Articles 90 and 91 of the United Nations Convention of the Law of the Sea
(UNCLOS) Flag States have been given the right to sail ships on the high seas
and the right to fix conditions for registering ships under their flag and giving
their nationality to these ships. Under Article 94 the Flag State is under the duty
to exercise effective jurisdiction and control over administrative, technical and
social matters on their ships on the high seas.
1-017
The flag of a ship has never been a total guarantee of security but a hundred
years ago the flag of a ship provided some protection. A British flagged ship
could trade relatively secure in the knowledge that if attacked, retribution from
the Royal Navy would be swift and decisive. Since the Second World War the
degree of protection of ships by Flag States changed, not just because of the
decline of British sea power, but because of a massive swing to open registries
which by their very nature are often unable to protect their ships or even provide
consular support to crews in trouble. But Open Registers can also surprise.
According to the International Chamber of Shipping (ICS) top performing flags
in maritime safety include the Bahamas, Cyprus, Liberia and the Marshall
Islands, as well as national flags, e.g. Norway and the UK. But they also note the
worst flags include Cambodia and Mongolia, who simply take registration fees.5
Most open registers rely almost totally on Classification Societies acting on their
behalf as Recognized Organizations to verify the vessels compliance with
international and/or national statutory regulations and it is in this role that
Classification Societies are often responsible for approving and verifying ship
security plans and procedures.
3.2
1-018
Every state with a coastline is a coastal or littoral or port state. All foreign
ships are entitled to a right of innocent passage through the territorial waters
of a coastal state (special conditions apply to government ships, warships and
submarines), but are subject to that states laws for the safety of navigation, the
Simon Bennett, Secretary, International Chamber of Shipping Experiences and Challenges in Maritime Safety UN ICP,
24 June 2008, www.un.org/Depts/los/consultative.../9_bennett_presentation.pdf. accessed 09 July 2009.
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regulation of maritime traffic and other relevant laws regarding environment and
so on, and may be detained or arrested for breaching the coastal states laws.
1-019
Figure 1
Maritime zones pursuant to the UN Convention on the Law of the Sea
Source: after Symonds et al., 1998
1-020
1-021
Coastal States also have limited authority in the other Maritime Zones defined
by UNCLOS. The Contiguous zone extends a further 12 nautical miles or 24
nautical miles from the territorial sea baselines limit, the contiguous zone, in
which a Coastal state could continue to enforce laws in four specific areas:
pollution, taxation, customs, and immigration.
1-022
Exclusive economic zones (EEZs) extend from the edge of the territorial sea out
to 200 nm from the baseline. Within this area, the coastal nation has sole
exploitation rights over all natural resources. In casual use, the term may include
the territorial sea and even the continental shelf. The continental shelf is defined
as the natural prolongation of the land territory to the continental margins outer
edge, or 200 nautical miles from the coastal states baseline, whichever is
greater. A states continental shelf may exceed 200 nautical miles until the
natural prolongation ends. However, it may never exceed 350 nautical miles from
the baseline; or it may never exceed 100 nautical miles beyond the 2,500-metre
isobath (the line connecting the depth of 2,500 metres). Coastal states have the
right to harvest mineral and non-living material in the subsoil of its continental
shelf, to the exclusion of others. Coastal states also have exclusive control over
living resources attached to the continental shelf, but not to creatures living in
the water column beyond the exclusive economic zone.
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3.3
1-023
Classification Societies are major players in the maritime industry. They are
usually not for profit Non-Governmental Organisations (NGOs). Their origins lie
in the second half of the 18th century when marine insurers, based at Lloyds
Coffee House in London, developed a system for the independent inspection of
the hull and equipment of ships presented to them for insurance cover. In 1760
a Committee was formed for this express purpose, and Lloyds Register was
born. At that time, an attempt was made to classify the condition of each ship
on an annual basis. The condition of the hull was classified A, E, I, O or U,
according to the excellence of its construction and its adjudged continuing
soundness (or otherwise). Equipment was G, M, or B: simply, good, middling or
bad. In time, G, M and B were replaced by 1, 2 or 3, which is the origin of the
well-known expression A1, meaning first or highest class.
1-024
1-025
1-026
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establish and apply technical requirements for the design, construction and
survey of marine-related facilities, principally ships and offshore structures.
These requirements are published as classification rules. Classification societies
maintain significant research departments that participate in the on-going
development of technical safety standards.
1-027
The owner of a ship that has been designed, built and tested in accordance with
the appropriate rules of a class society may apply for a certificate of classification
from that society. The society issues this certificate if it is verified (upon
completion of relevant plan approval and surveys) that the ship complies with the
rules. However, classification societies are not guarantors of safety of life or
property at sea or the seaworthiness of a vessel. This is because the Classification
Society has no control over how a vessel is operated and maintained in between
the periodic surveys which it conducts. A Classification Society does not design,
build, own, operate, manage, maintain, repair, finance, insure or charter ships.
Safe operation and maintenance of a ship depends principally upon the
shipowner, the shipowners representatives and the crew, who operate, manage
and maintain the ship on a day-to-day basis.
1-028
Classification Societies are in a unique position. They are in effect judge and jury
on just about every issue that affect ships ability to trade, and at the same time
a commercial service provider, in competition with other classification societies
for business. Competition is fierce. Shipowners can pick or choose which
Classification Society classes which part of the ship, so for example a ship can
be classed with Det Norske Veritas for its seaworthiness, but with Germanischer
Lloyd for its ship security plan. Classification Society Surveyors often have little
time to carry out their work, being limited to the time a ship is in port, sometimes
only a few hours. The cost to shipowners of being delayed for want of
Classification Society certification is significant. All these pressures can lead to
a drop in standards. For this reason some national registers do not delegate
work related to safety and security to Classification Societies.
Directed Learning:
On the web, search for the classification society that best represents
your industry section or country and see if you can find what its policies
are in respect of ship security.
1-11
4.
1-029
It is very difficult to get a meaningful picture of world trade without going into
considerable detail. The facts and figures here are only to give a very brief
overview of world trade patterns, with the aim of providing a context for maritime
security issues.
4.1
1-030
More than 90% of global trade is carried by sea. Throughout the last century the
shipping industry has seen a general trend of increases in total trade volume.
Industrialisation, globalisation and liberalisation have fuelled trade and a growing
demand for consumer products. Technological improvements have also made
shipping an increasingly efficient method of transport. But shipping is not
immune to economic downturn. Until the latest recession, global trade was
booming, fuelled by growth in several countries including Brazil, Russia, India
and China. Shipping had gained from an upsurge in demand for the transport of
all kinds of raw materials, components, finished goods, fuel and foodstuffs.
4.2
SHIPS
1-031
Todays world fleet of propelled sea-going merchant ships of no less than 100
GT7 comprises 99,741 ships of 830.7 million GT with an average age of 22
years.8 They are registered in over 150 nations and manned by over a million
seafarers of virtually every nationality. The worlds cargo carrying fleet is 52,944
ships of 1,156.7 million dwt9 (791.1 million GT) and the average age is 20
years.
4.3
Flag State
1
2
3
4
5
6
7
7
8
9
Panama
Liberia
Bahamas
Marshall Islands
Singapore
Hong Kong, China
Greece
GT of Shipping (Millions)
183,503
82,389
46,542
42,636
39,885
39,100
36,822
GT: Gross ton: internal measurement of the ships open spaces. Now calculated from a formula set out in the IMO
Tonnage Convention.
LRF/Fairplay World Fleet Statistics 2008.
Dwt: Deadweight: the weight a ship can carry when loaded to its marks, including cargo, fuel, fresh water, stores
and crew.
1-12
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8
9
10
11
12
13
14
15
16
17
18
19
20
Malta
The Peoples Republic of China
Cyprus
Germany
United Kingdom
Norway
The Republic of Korea
Italy
Japan
United States
Denmark
Bermuda
Antigua and Barbuda
31,633
26,811
20,109
15,282
15,246
15,039
14,144
13,599
13,536
11,267
10,094
9,592
9,536
4.4
SHIP TYPES
1-032
Ships come in many shapes and sizes but can be generally classified as the
types set out below. In terms of maritime security the ship type is important
because it often defines the level of vulnerability to attack and which security
measures are practicable. For example a cable ship with low freeboard is an
easy target for boarding whereas a car carrier with high freeboard presents a
much more difficult target. Equally ships carrying inert bulk cargoes present very
different issues from ships carrying volatile or explosive cargo.
General Cargo Ships
General cargo ships are the largest single category. The trend among new ships
is more and more in favour of specialisation. It could be argued that handy-sized,
geared bulk carriers and versatile medium-sized containerships, of which some
have the ability to accommodate several different box sizes as well as palletised
cargo, are the natural successors of the old general cargo vessels.
Figure 2
General Purpose Carrier
(Photo: Dirk Steffen 2007)
1-13
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Tankers
Tankers make up the second largest category. There are many different types of
tanker, ranging from those carrying crude oil, through those built to transport
various refined hydrocarbon products, to highly specialised ships that carry
liquefied petroleum gas and natural gas. There are even tankers designed to
carry cargoes such as fresh water, wine or orange juice. Most large modern
tankers are in the 200,000300,000 tonnage range. These are massive vessels
and enormously expensive to build.
Figure 3
Chemical Oil Tanker
(Photo: Dirk Steffen 2007)
Bulk Carriers
Bulk carriers are the workhorses of the international shipping fleet. They can be
thought of as simple, relatively unsophisticated but nevertheless highly efficient
vessels that typically transport commodities such as grain, coal and
mineral ores. Bulk carriers are responsible for moving the raw materials that are
the lifeblood of the modern economy. The bulk carrier fleet has three
categories.
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Figure 4
Bulk Carrier
(Photo: Dirk Steffen 2007)
Figure 5
Caribbean Cruise Liner
(Authors private collection)
1-15
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Fun: those which the passengers see as a leisure destination in their own right
(i.e. cruise ships).
In both categories, the size, sophistication and the sheer number of passengers
that can be carried have reached mind-boggling proportions. Because of their
individuality, as well as their resonance with the great ocean liners of a bygone
era, these ships tend to be the best known and most recognised among the
general public at large.
Container Ships
The container is now ubiquitous and is the standard unit of cargo for just about
every form of manufactured item on the planet there are exceptions: cars, for
example, are transported in special ships designed solely for the purpose.
Todays giant containerships typically operate between purpose-built ports
served by massive cranes that can load and unload containers at astonishing
rates. Containership operators can offer fixed sailing schedules with tight delivery
margins and these ships are now an integral part of the modern, multimodal
transport and logistics industry.
Figure 6
Container Ship
(Photo Credit: Author Juergen Lehle. Wikimedia
Commons: GNU Free Documentation License)
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Figure 7
Greek Fast Ferry
(Authors private collection)
High-speed craft (HSC) are high-speed water vessels for civilian use, also called
fastcraft or fast ferries. The first high-speed craft were often hydrofoils or
hovercraft, but in the 1990s catamaran and even monohull designs have become
popular. Most high-speed craft serve as passenger ferries, but the largest
catamarans and monohulls also carry cars and even buses and freight.
Fishing vessels
The world totals for fish-catching vessels amounts to 22,358 ships with a GT of
9,760,738 and an average age of 27 years. Other fishing vessels (fish carriers,
support vessels etc.) amount to 1,258 with a GT of 1,557,802 and an average
age of 24 years.10
Further subdivisions
The table below shows further subdivisions of ship types based on the
classifications used by David Hornsby in his book Ocean Vessels11 and which
demonstrates the variety of ship types that can be seen.
10
11
Abbreviation
Type of Vessel
B
BC
BO
Bu
Bv
Bw
C
Bulk Carrier
Bulk/Container Carrier
Bulk/Oil Carrier
Bulk Carrier Self Unloading
Bulk/Vehicle Carrier
Bulk woodchip carrier
General Cargo
1-17
Ca
CC
CO
CT
HL
HLS
HLC
HLR
L
LC
LGC
LNG
LPG
O
OBO
OO
R
RO
ROI
RR
T
Tfj
Ts
V
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Cable Layer
Cellular Container
Cargo/Part Container
Cargo Training
Heavy Lift vessel
Heavy Lift/semi-submersible
Heavy Lift/cellular container
Heavy Lift Ro-Ro
Livestock Carrier
Lighter/Containers
Liquefied Gas Carrier
Liquefied Natural Gas Carrier
Liquefied Petroleum Gas Carrier
Ore Carrier
Ore/bulk/oil Carrier
Ore/oil carrier
Refrigerated Cargo
Roll on-Roll Off
Roll on-Roll off/icebreaker
Refrigerated with Ro-Ro
Tanker
Tanker Fruit Juice
Storage Tanker
Vehicle Carrier
Directed Learning:
On the web, search for shipping companies who often publish details of
their fleets, including photographs or search http://www.shipspotting.
com/ for photographs of all types of ships.
4.5
CARGO CARRIED
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In the last 40 years the total amount of cargo carried by sea has quadrupled. In
2008 international seaborne trade totalled 8.17 billion tons of cargo between
some 160 countries, of which roughly a third was crude oil and oil products
(11,292 of a world total of 32,746).12
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A similar amount of dry bulk cargoes (iron ore, coal, grain, bauxite/alumina and
phosphate and other dry bulk) are carried, closely followed by mainly
containerised manufactured cargoes. The remainder is made up of grain (wheat,
maize, barley, oats, rye, sorghum and soya beans) and other cargoes.13
12
13
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4.6
1-035
The size of many ships is one factor that restricts their ability to trade. As a result
hub ports capable of berthing and unloading large ships have developed. It is
from these that most cargo is carried. These hubs are fed by smaller vessels
from other ports, creating a two-tier system.
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Singapore
Shanghai
Hong Kong
Shenzen
Busan
Dubai
Ningbo
Guangzhou
Rotterdam
Qingdao
1-037
30
28
24
22
14
12
11
11
11
10
Besides Rotterdam, Europe has three other ports in the top twenty:
Hamburg
Bremen/Bremerhaven
Antwerp
1-038
1-039
Taking exports and imports together, Western Europe has the most overall trade
(25%), followed by:
Location
13
Japan
10
Middle East
8
Mediterranean excluding Western Europe and South America (each) 7
West Africa and Oceania (each)
5
Caribbean and Central America
3
The remainder
<1
14
15
1-19
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Directed Learning:
On the UNCTAD website (http://www.unctad.org/en/docs/rmt2010_
en.pdf) find the United Nations Conference on Trade and Development
(UNCTAD) Review of Maritime Transport 2010, and familiarise yourself
with the latest developments in international seaborne trade
4.7
Figure 8
The complex network of global cargo ship movements Pablo Kaluza, Andrea Klzsch,
Michael T. Gastner and Bernd Blasius, J. Royal Society: Interface
1-040
While training several hundred classification society surveyors tasked with the
job of approving and verifying ship security plans on a series of maritime security
training courses worldwide, the author posed the question if you were a terrorist
planning to attack shipping where would you choose to attack? On every course
virtually the same scenario was repeated. The Suez or Panama Canals would
be the place. Why? Well to sink or damage a ship in either of those places would
affect not just the ship itself but the whole industry, so critical are those choke
points. The above map shows clearly those places where shipping routes and
ships are most concentrated around the world.
1-041
Today of course the spotlight is on the Red Sea and the Horn of Africa where
shipping is channelled on route to the Suez Canal. But choke points can be
local as well as international and should always be taken into account when
completing risk assessments for ships. Not all choke points are as dramatic or
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strategic in nature as the Suez and Panama Canals or the Red Sea. Any areas
where shipping is concentrated provide opportunity of target, one of the
preconditions for a successful piracy or terrorist operation. The English Channel,
Gibraltar Strait and Malacca Strait are all examples of places where high
volumes of shipping are concentrated and of course the approaches to any
major port provide opportunities of target. It should also not be forgotten that
modern technology can create virtual choke points with readily available
technology (such as AIS) providing information as to the location of ships
enabling them to be targeted.
1-042
4.8
MARINE INSURANCE
1-043
Marine insurance is coverage for goods in transit, and for the commercial
vehicles that transport them, on water and on land.
1-044
hull insurance that covers physical risk to the ship, like grounding or
damage from heavy seas, collision, sinking, capsizing, being stranded,
fire, piracy, and jettisoning cargo to save other property;
2.
3.
4.
1-045
1-046
Hull insurance primarily covers physical damage to vessels (hull) and the
machinery and equipment. The insurance also covers collision liability associated
with damage to other vessels and their cargoes resulting from collision with the
insured vessel.
1-047
Cargo insurance policies are written as separate coverage from hull insurance
because merchants typically ship cargo via vessels owned by others. Cargo
policies may be classified by whether they are designed to cover a particular
voyage; a specific time period; or a commodity such as grain, cotton, and iron
ore; or whether they are adapted to cover cargo general in its nature. Cargo
is insured by the owners of the cargo which can be a large number of parties
with a variety of different insurers. The principle of general average is
incurred for emergency situations when part of the ship or part of the cargo
16
The Detection and Prevention of Cargo Theft in: Trends and Issues in Crime and Criminology No. 214 (September
2001), published by the Australian Institute of Criminology.
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has to be sacrificed to save the whole. All parties share in the common loss
incurred.
1-048
War risk insurance is special coverage on cargo in ships that protects against
the risk of confiscation by a government in wartime. War risk insurance coverage
protects, at an additional premium, against the danger of loss in a war zone. The
war risk zones are established by the London-based Lloyds Market Associations
Joint War Committee (JWC), which has recently included the Gulf of Aden as a
war risk area due to piracy. About a decade ago, the Malacca Strait was similarly
designated a war risk area due to piracy. The JWC represents the interests of
underwriters writing war and related risks within the London ocean marine
insurance market.
4.9
P&I CLUBS
1-049
Hull insurance does not protect the vessel owner against liability for damage
to:
1-050
4.10
1-051
The Cost of Piracy Model17 calculates the additional cost of insurance to the shipping
industry using a lower bound estimate (10% of ships purchasing these insurance
premiums) and an upper bound estimate (70% of ships). From these calculations, it is
estimated that total excess costs of insurance due to Somali piracy are between $460
million and $3.2 billion per year.
1-052
According to the Cost of Piracy Project the total cost of piracy in 2010 is estimated to be
between $7 and $12 billion.
17
http://oceansbeyondpiracy.org/.
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Directed Learning:
Read the latest Cost of Piracy Report in full at:
http://www.saveourseafarers.com/assets/files/The_Economic_Cost_of_
Piracy_Summary.pdf
1-23
5.
1-053
1-054
Similarly, crime reported to port state authorities may or may not be recorded or
even acknowledged, particularly where a particular port state does not wish to
discourage trade by building a reputation as being high risk. Even if it is recorded
this information is often not readily available. Local police records do not
generally define a theft on board a ship as a maritime crime, but simply as a
crime within that forces jurisdiction. Crime internally on board ships is often not
reported to flag states and where registered with an open registry, that registry
may not have the capability or interest to deal effectively with the incident.
1-055
Mark Twain popularised the saying Lies, damned lies, and statistics and while
this might be a little coloured, security professionals should always view maritime
crime statistics with a healthy caution, particularly where terrorism and piracy
are concerned, because politics and vested interests will follow not far behind
and as in war, the truth, or at least the whole truth, is often the first casualty.
5.1
PIRACY
1-056
In the City of London not far from where today bankers sip their skinny lattes
and gaze out over the Thames, dreaming up ways to separate people from their
money once swung on gibbets the bodies of executed pirates, men who had
been guilty of similar thoughts, but in the violent fashion of their time. There is
much debate as to exactly what constitutes piracy but sea robbery probably
describes best (if not fully) what most pirates did and do. Robbery of course is
theft involving violence or the threat of violence. The intent to rob, animus
furandi, has been an important part of the development of law of piracy. Piracy
has never been a harmless crime. Piracy went hand in hand with slavery for
many centuries. With no international law to protect seafarers, states often used
pirates for their own ends. Roman Catholic pirates preyed on heretical Protestant
nations ships, Christians on Moors, and Turks on everyone. Navies, pirates
and their legal brethren, privateers, were often one and the same, or were able
to switch instantly to suit the circumstances.
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5.2
PIRACY TODAY
1-057
The number of acts of piracy and armed robbery against ships reported to the
IMO to have been allegedly committed or attempted in 2010 was 489, against
406 during the previous year, an increase of 20.4% from the figure for 2009. The
areas most affected (i.e. five incidents reported or more) in 2010 were East
Africa and the Indian Ocean (249 Incidents in total) followed by the Far East and,
in particular, the South China Sea (134 incidents), West Africa (47 incidents),
South America (35 incidents).
1-058
During 2010 it was reported to the IMO that 2 crew members were killed and 27
crew members were wounded, while 1,027 crew members were reportedly
taken hostage. Fifty-seven vessels were reportedly hijacked, with one vessel
reportedly still unaccounted for.18
1-059
In the first four months of 2011, 214 incidents were reported to the IMO.
1-060
1-061
1-062
1-063
With over 80% of the maritime trade bound for Europe through the Gulf of Aden
and the Suez Canal, clearly Europe is most affected by piracy attacks there.
Piracy poses significant burdens on governments and the maritime industry as
they take steps to protect themselves from attack. Costs involved include a
military presence in high-risk areas, rerouting of ships, higher insurance
premiums, hiring private security guards, and the hardening of ships by
installing physical barriers and counter measures. Since 2012 there has been an
increase in the number of shipping lines employing armed security personnel
from Private Maritime Security Companies (PMSC), and whilst this is not a
comfortable strategic approach from all governments, shipping lines are facing
a dangerous situation whereby military cover is diminishing. Ultimately, these
costs are passed to the tax payer and the end user.
1-064
Ships have two choices: avoiding the area by rerouting vessels via the Cape of
Good Hope, or accepting and mitigating the risk by enhancing vessel security.
Rerouting may be a viable option for lower value cargoes, such as some bulk
commodities. However, for high value consumer goods or items needed for justin-time manufacturing, the added delay may be unacceptable to the shipper.
18
MSC.4/Circ.169, 1 April 2011, Reports On Acts Of Piracy And Armed Robbery Against Ships, Annual Report 2010
/15_MSC_4.Circ.169%20-%202010.pdf
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1-065
For example, routing a tanker from Saudi Arabia to the United States via the
Cape of Good Hope adds approximately 2,700 miles to the voyage. This longer
distance will increase the annual operating cost of the vessel by reducing the
delivery capacity for the ship from about six round-trip voyages to five voyages,
or a drop of about 26%. The additional fuel cost of travelling via the Cape of
Good Hope is about $3.5 million annually.
1-066
The cost of avoiding risk becomes more complex in the liner19 trades. A long
route change would result in the need for an additional vessel in order to
maintain the scheduled service and capacity commitments of the liner operation.
For example, a routing from Europe to the Far East via the Cape of Good Hope,
rather than through the Suez Canal, would incur an estimated additional $89
million annually, which includes $74.4 million in fuel and $14.6 million in charter
expenses. In addition, the rerouting would increase transit times by about 5.7
days per ship. This would result in the need for an additional vessel to maintain
the service frequency. However, these costs do not consider the disruption in the
logistics chains.
1-067
The cost of the war risk insurance for ships transiting the Gulf of Aden is
estimated at US$20,000 per ship, per voyage, excluding injury, liability, and
ransom coverage.
1-068
It is estimated that the increased cost of war risk insurance premiums for the
20,000 ships passing through the Gulf of Aden could reach as much as $400
million.20
1-069
5.3
TERRORISM
1-070
1-071
19
20
21
22
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5.4
1-072
1-073
In the 1950s Cuban groups were trained by the US Navy in navigation and
underwater demolitions. Earlier they had been armed and equipped by the CIA.
Until 1968 the US government supported a guerrilla navy that operated against
Cuban ports and Soviet shipping in the Caribbean. The fleet comprised small,
fast boats armed with 57 mm recoilless rifles and machineguns. They were
responsible for a number of attacks on Soviet shipping.27 Maritime terrorism is
not then such a stranger as is sometimes suggested.
5.5
1-074
The September 11 (9/11), 2001 attacks by Al Qaeda on the United States have
provoked increasing concern that terrorists may attack targets in the maritime
environment. Applying the model of the 9/11 attacks to the shipping industry,
security experts have highlighted the danger of similar and potentially much
more devastating attacks carried out by ships. With the increasing importance
of offshore facilities to the worlds supply of energy, the vulnerability of marine
facilities, and no shortage of inspiration provided by security experts and
fiction writers alike, it seems the authors of the 1985 RAND report were
correct: terrorists will turn their attention to harbours, offshore platforms, and
ships at sea.28
23
24
25
26
27
28
http://www.rand.org/.
Chalk, Peter, The Maritime Dimension of International Security; Terrorism, Piracy, and Challenges for the United
States, Rand Corporation, http://www.rand.org/pubs/monographs/MG697/, 2008.
Brian Michael Jenkins (with Bonnie Cordes, Karen Gardela and Geraldine Petty), Chronology of Terrorist and Other
Criminal Actions Against Maritime Targets, 19601983, Published by the Rand Corporation 1984.
Frente Popular de Liberacin de Sagua el Hamra y Ro de Oro (Popular Front for the Liberation of Saguia el-Hamra
and Ro de Oro) is a Sahrawi rebel national liberation movement working for the independence of Western Sahara from
Morocco.
Warren Hinkle and William W. Turner, The Fish is Red: The Story of the Secret War Against Castro, New York: Harper &
Row, 1981.
Brian Michael Jenkins (with Bonnie Cordes, Karen Gardela & Geraldine Petty), Chronology of Terrorist and Other
Criminal Actions Against Maritime Targets, 19601983, Published by the Rand Corporation 1984.
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1-075
They have already done so. The attacks on the Limburg and USS Cole
demonstrate that. But not as much as might be expected. There are plenty of
targets. About 53,000 ships ply their trade internationally29 and this does not
include naval and other government vessels, fishing vessels, leisure craft,
riverine trade and non-international ferries.
1-076
The UK alone has some 350 port facilities subject to the ISPS Code. Port
Facilities contain Liquid Nitrogen Gas (LNG) terminals, refineries, re-gasification
plants, and petrochemical installations. Vital pipelines and cables criss-cross the
seabed. Such attacks as have been carried out were usually the work of specific
groups working in specific areas (for example the LTTE30 in Sri Lanka) and not
connected with Al Qaedas broader aims. A few incidents do stand out as the
work of Al Qaeda (AQ) or its franchises, the attacks on the USS Cole and the
Limburg and an attempted attack on the USS Sullivan being the most frequently
cited.
1-077
1-078
5.6
1-079
The 1985 hijacking by the Palestine Liberation Front (PLF) of the Achille Lauro,
in which one person was killed, prompted the IMO to introduce the Convention
for the Suppression of Unlawful Acts against the Safety of Maritime Navigation,
1988 (SUA).31
29
30
31
http://www.marisec.org/shippingfacts/worldtrade/number-of-ships.php?SID=b21fb8572c97ed3ba21218f0938dc507.
The Liberation Tigers of Tamil Eelam (commonly known as the LTTE, or the Tamil Tigers) was a separatist militant
organisation formerly based in northern Sri Lanka.
http://www.imo.org/OurWork/Facilitation/SUAConvention/Pages/Default.aspx.
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1-080
The SUA was adopted on 10 March 1988 and came into force on 1 March
1992. The main purpose of the Convention is to ensure that appropriate action
is taken against persons committing unlawful acts against ships. These
include:
1-081
5.7
1-082
Among the unlawful acts covered by the SUA Convention in Article 3 are:
1-083
A new 2005 Protocol to the SUA Convention adds Article 3bis which creates a
number of offences where a person intends to intimidate a population or to
compel a Government or an international organisation to do or to abstain from
any act by using any explosive, radioactive material or BCN (biological, chemical,
nuclear) weapon in a manner that causes or is likely to cause death or serious
injury or damage.
1-084
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unlawfully and intentionally injure or kill any person in connection with the
commission of any of the offences in the Convention;
participate as an accomplice;
1-086
And a new article requires Parties to take necessary measures to enable a legal
entity (this could be a company or organisation, for example) to be made liable and
to face sanctions when a person responsible for management or control of that
legal entity has, in that capacity, committed an offence under the Convention.
1-087
Under the new instrument, a person commits an offence within the meaning of
the Convention if that person unlawfully and intentionally transports another
person on board a ship knowing that the person has committed an act that
constitutes an offence under the SUA Convention or an offence set forth in any
treaty listed in the Annex. The Annex lists nine such treaties.
Directed Learning:
Browse the IMOs web pages on maritime security at:
http://www.imo.org/OurWork/Security/Pages/MaritimeSecurity.aspx
5.8
CRIME
5.8.1
Cargo Theft
1-088
Cargo is any commercial shipment. Cargo theft has been around for many years
and is often characterised by the presence of international organised crime.
Economic crises always increase the demand for black market goods. The
introduction of containers has done a great deal to reduce small scale thefts
from ships cargoes but they still occur regularly.
1-089
Because cargo theft statistics are often not a separate reportable category of
crime and because many companies dont report cargo crimes (to avoid bad
publicity, higher insurance rates, damage to reputation, embarrassment, etc.),
the exact losses arent known. Some industry experts estimate all cargo thefts
ring up as much as $30 billion in losses each year, but this includes that stolen
not just from ships and wharves but also from trucks, planes, rail cars, etc.;
anywhere from point of origin to final destination.
5.8.2
1-090
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easy for the smuggling of drugs and arms to take place. In the UK alone, the
drug industry is said to account for 8% of all yearly international trade the
same as oil or tourism. Its helped by the profit made from drugs like cocaine,
worth some 24,000 per kilogram as compared to the cost at source in Pakistan
of 850 per kilo. The UK heroin industry is said to be worth 2.3 billion with an
estimated 270,000 users.
Figure 9
Panamanian motor vessel Gatun during the largest cocaine seizure
in United States Coast Guard history (20 tons), off the coast of Panama
Figure 10
Major cocaine and heroin routes
Source: Washingtonpost.com
1-091
For ships, the high drug smuggling risks are said to originate from:
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Northwest Africa
1-092
But this is a constantly moving target. As police and other agencies close down
one operation, others spring up operating differently or using different routes.
5.8.3
1-093
1-094
1-095
Human trafficking is, by its very nature, a covert crime. This means its difficult
to establish the scale of the problem, although the harm it causes is clear. The
majority of people trafficked into the UK for sexual exploitation arrive overtly by
air or rail; or as foot, car, lorry or coach passengers on the many sea routes that
serve the UK and its international neighbours.
1-096
Figure 11
Over a thousand men, smuggled into Oman, return to Pakistan by
boat after they were arrested and imprisoned
(Picture by Ansar Burney Trust: http://www.ansarburney.org)
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5.8.4
Fraud
1-097
1-098
Frauds can be broadly classified into Documentary, Shipping and Charter Party
frauds:
1-099
Charter Party Fraud occurs when one or two contracting parties default,
leaving the others to bear the cost.
Deviation Fraud
Insurance Fraud.
1-100
1-101
Insurance Fraud is all too commonplace and covers everything from false claims
for damage and loss by recreational sailors, to the loss of whole vessels and
their cargoes.
5.9
CYBER CRIME
1-102
1-103
1-104
Additionally, certain other information crimes, including trade secret theft and
industrial or economic espionage are sometimes considered cyber-crimes when
computers or networks are involved.
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6.
1-105
The organisations described below are all major players in the maritime industry and individually or collectively are responsible for, or have considerable
influence on, the laws and regulations that govern the maritime industry. Ships
ignore these laws at their peril. The economic price of being found to be nonconformant with any of them is significant, resulting in delay and possible
detention in port. Security on board a ship cannot be blistered on to the normal
shipboard operation of a ship but must be fully integrated and integral to how
the ship is run. The influence and role of these organisations must be understood
when designing a security system whether it be writing a relatively simple
security plan or procedures, or mounting an additional counter piracy onboard
security team.
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32
Due to its unique international character, and the powers vested in its founding
Charter, the Organization can take action on a wide range of issues, and provide
a forum for its 192 Member States to express their views, through the General
Assembly, the Security Council, the Economic and Social Council and other
bodies and committees.
http://www.un.org/en/aboutun/index.shtml.
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1-108
The work of the United Nations reaches every corner of the globe. Although best
known for peacekeeping, peacebuilding, conflict prevention and humanitarian
assistance, there are many other ways the United Nations and its System
(specialised agencies, funds and programmes) affect lives. The UN works on a
broad range of fundamental issues, from sustainable development, environment
and refugees protection, disaster relief, counter terrorism, disarmament and
non-proliferation, to promoting democracy, human rights, gender equality and
the advancement of women, governance, economic and social development and
international health, clearing landmines, expanding food production, and more,
in order to achieve its goals and coordinate efforts for a safer world for this and
future generations.
1-109
An agency of the United Nations with 169 member states, the IMOs task is to
provide a regulatory framework for shipping, including safety, environmental,
legal matters, technical cooperation, maritime security and the efficiency of
shipping.34
1-110
It has always been recognised that the best way of improving safety at sea is by
developing international regulations that are followed by all shipping nations,
and from the mid-19th century onwards a number of such treaties were adopted.
Several countries proposed that a permanent international body should be
established to promote maritime safety more effectively, but it was not until the
establishment of the United Nations itself that these hopes were realised. In
1948 an international conference in Geneva adopted a convention formally
establishing IMO (the original name was the Inter-Governmental Maritime
Consultative Organization, or IMCO, but the name was changed in 1982 to
IMO).
1-111
The IMO Convention entered into force in 1958 and the new Organization met
for the first time the following year.
1-112
33
34
http://www.imo.org/About/Pages/Default.aspx.
www.imo.org/about.
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1-113
1-114
In the 1970s a global search and rescue system was initiated, with the
establishment of the International Mobile Satellite Organization (IMSO), which
has greatly improved the provision of radio and other messages to ships. The
Global Maritime Distress and Safety System (GMDSS) was adopted in 1988 and
began to be phased in from 1992. In February 1999, the GMDSS became fully
operational, so that now a ship that is in distress anywhere in the world can be
virtually guaranteed assistance, even if the ships crew does not have time to
radio for help, as the message will be transmitted automatically.
1-115
On 1 July 1998 the International Safety Management Code entered into force
and became applicable to passenger ships, oil and chemical tankers, bulk
carriers, gas carriers and cargo high-speed craft of 500 gross tonnage and
above. It became applicable to other cargo ships and mobile offshore drilling
units of 500 gross tonnage and above from 1 July 2002.
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1-117
The 2000s also saw a focus on maritime security, with the entry into force in July
2004 of a new, comprehensive security regime for international shipping,
including the International Ship and Port Facility Security (ISPS) Code, made
mandatory under amendments to SOLAS adopted in 2002.
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35
http://www.wcoomd.org/files/1.%20Public%20files/PDFandDocuments/About%20Us/DEPL%20OMD%20UK%20A4.pdf.
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1-120
The WCOs mission is to improve the effectiveness and the efficiency of its
Member Customs administrations across the globe. While three-quarters of its
Members are developing countries, the WCOs combined membership is
collectively responsible for managing and processing more than 98% of world
trade.
1-121
1-122
The ILO is a specialised agency of the United Nations that deals with labour
issues pertaining to international labour standards. Its headquarters are in
Geneva. The ILO has significant input into matters of maritime safety and
security.
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1-123
1-124
1-125
The European Union is not a super-state. The EUs ability to influence the
international order depends on its ability to bring together the whole of the EU,
most crucially the Member States, who while independent in foreign and security
affairs, are parties to a strategy for EU international policy.
1-126
The European Union remains essentially a civilian power that confines the use
of force to the most exceptional circumstances and broad international
legitimacy.
1-127
NATO was created in 1949. Its member countries are Albania, Belgium, Bulgaria,
Canada, Croatia, Czech Republic, Denmark, Estonia, France, Germany, Greece,
Hungary, Iceland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Turkey, United Kingdom
and the United States. Its fundamental role is to safeguard the freedom and
security of its member countries by political and military means.
1-128
1-129
NATO has very few permanent military forces of its own. Once members agree,
by consensus, to engage in an operation, they contribute forces on a voluntary
basis.
1-38
7.
1-130
1-131
Nautical Institute
1-132
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36
The World Shipping Councils goal is to provide a coordinated voice for the liner
shipping industry in its work with policymakers and other industry groups with an
interest in international transportation. The WSC plays an active role in the
development of programmes that improve maritime security without impeding
the free flow of commerce.
http://www.marisec.org/index.html.
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1-134
1-135
International Maritime
Bureau (IMB)
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1-40
Dedicated to the prevention of trade finance, maritime, transport and trade fraud
and malpractice, the IMB is a focal point for the international trading and shipping
industry and those associated with facilitating the movement of goods. The IMB
also manages the IMB Piracy Reporting Centre (PRC), which is dedicated to the
suppression of piracy and armed robbery against ships. The main objective of
the PRC is to be the first point of contact for the shipmaster to report an actual
or attempted attack or even suspicious movements thus initiating the process of
response. The PRC raises awareness within the shipping industry, which
includes the shipmaster, shipowner, insurance companies, traders, etc, of the
areas of high risk associated with piratical attacks or specific ports and
anchorages associated with armed robberies on board ships. They work closely
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with various governments and law enforcement agencies, and are involved in
information sharing in an attempt to reduce and ultimately eradicate piracy.
INTERCARGO
1-137
INTERCARGO is the short name for the International Association of Dry Cargo
Shipowners. Since 1980, it has represented the interests of owners, operators
and managers of dry cargo shipping.
INTERTANKO
1-138
INTERTANKO has been the voice of independent tanker owners since 1970.
Membership is open to independent tanker owners and operators of oil and
chemical tankers, i.e. non-oil companies and non-state controlled tanker owners,
who fulfil the Associations membership criteria. Independent owners operate
some 80% of the worlds tanker fleet and the vast majority are INTERTANKO
members. As of January 2010, the organisation had 250 members, whose
combined fleet comprises some 3,050 tankers.
International Shipping
Federation (ISF)
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1-41
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The Joint Hull Committee (JHC) was founded in 1910 and comprises underwriting
representatives from both Lloyds syndicates and the International Underwriting
Association (IUA) company market. It discusses all matters connected with hull
insurance, and represents the interests of those writing marine hull business
within the London market. It liaises widely with the broad maritime sector.
THE JOINT WAR COMMITTEE (JWC)
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8.
1-144
1-145
ISO accreditation.
1-43
9.
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Benefits:
CBP offers benefits to certain certified C-TPAT member categories, including:
Priority processing for CBP inspections. (Front of the Line processing for
inspections when possible.)
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Within months of 9/11 the US Customs Service had created the Container
Security Initiative (CSI). CSI proposes a security regime to ensure all containers
that pose a potential risk for terrorism are identified and inspected at foreign
ports before they are placed on vessels destined for the United States. CBP has
stationed multidisciplinary teams of US officers from both CBP and Immigration
and Customs Enforcement (ICE) to work together with host foreign government
counterparts. Their mission is to target and pre-screen containers and to develop
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2.
3.
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Through CSI, CBP officers work with host customs administrations to establish
security criteria for identifying high-risk containers. Those administrations use
non-intrusive inspection (NII) and radiation detection technology to screen highrisk containers before they are shipped to US ports.
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CSI is now operational at ports in North America, Europe, Asia, Africa, the
Middle East, and Latin and Central America. CBPs 58 operational CSI ports
now make approximately 86% of all maritime containerised cargo imported into
the United States subject to pre-screening prior to importation.
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CSI continues to expand to strategic locations around the world. The World
Customs Organization (WCO), the European Union (EU), and the G8 support
CSI expansion and have adopted resolutions implementing CSI security
measures introduced at ports throughout the world
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AEO status is an EU concept with two elements: customs and security. One of
the main elements is the security amendment of the Community Customs Code
(Regulation (EC) 648/2005) and the creation of the AEO concept.
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On the basis of Article 5a of the security amendments, member states can grant
the AEO status to any economic operator meeting the following common
criteria:
customs compliance;
appropriate record-keeping;
Building construction
Anti-tampering
10.
Brunei Darussalam
Kingdom of Cambodia
Kingdom of Denmark
Republic of Korea
Kingdom of Norway
Republic of Singapore
Kingdom of Thailand
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Figure 12
Example of ReCAAP ISC Incident Reporting Map
10.1
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The ISC was established under the ReCAAP Agreement, and was officially
launched in Singapore on 29 November 2006. It was formally recognised as an
international organisation on 30 January 2007. The roles of the ReCAAP ISC
are to:
37
analyse and prove accurate statistics of the piracy and armed robbery
incidents to foster better understanding of the situation in Asia
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The ReCAAP ISC facilitates exchange of information among the ReCAAP Focal
Points through a secure web-based Information Network System (IFN). Through
this network, the ReCAAP Focal Points are linked to each other as well as the
ReCAAP ISC on a 24/7 basis, and are able to facilitate appropriate responses
to any incident. The agency receiving the incident report will manage the incident
in accordance to its national policies and response procedures, and provide
assistance to the victim ship where possible. The agency will in turn, inform their
ReCAAP Focal Point which will submit an incident report to the ReCAAP ISC
and its neighbouring Focal Points.
10.2
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The Djibouti Meeting adopted the Code of Conduct concerning the Repression
of Piracy and Armed Robbery against Ships in the Western Indian Ocean and
the Gulf of Aden, which was signed on 29 January 2009. Djibouti, Ethiopia,
Kenya, Madagascar, Maldives, Seychelles, Somalia, the United Republic of
Tanzania, Yemen, Comoros, Egypt, Eritrea, Jordan, Mauritius, Oman, Saudi
Arabia and Sudan are all signatories of the Djibouti Code of Conduct.
Figure 13
Signatories of the Djibouti Code of Conduct
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The Djibouti Code of Conduct remains open for signature by other countries in
the region.
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The Code, which became effective from the date it was signed (29 January
2009), takes into account and promotes the implementation of those aspects of
UN Security Council resolutions 1816 (2008), 1838 (2008), 1846 (2008) and
1851 (2008) and of UN General Assembly resolution 63/111, which fall within
the competence of IMO. In particular, the signatories to the Code have agreed
to cooperate, in a manner consistent with international law, in:
(a)
(b)
the interdiction and seizure of suspect ships and property on board such
ships;
(c)
the rescue of ships, persons and property subject to piracy and armed
robbery and the facilitation of proper care, treatment and repatriation of
seafarers, fishermen, other shipboard personnel and passengers subject
to such acts, particularly those who have been subjected to violence; and
(d)
the conduct of shared operations both among signatory States and with
navies from countries outside the region such as nominating law
enforcement or other authorised officials to embark on patrol ships or
aircraft of another signatory.
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The signatories also undertook to review their national legislation with a view to
ensuring that there are laws in place to criminalise piracy and armed robbery
against ships and to make adequate provision for the exercise of jurisdiction,
conduct of investigations and prosecution of alleged offenders.
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11.
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1.
Combined Task Force (CTF) 150 operates in the Red Sea, Gulf of Aden,
Indian Ocean, Arabian Sea and the Gulf of Oman conducting Maritime
Security Operations.
2.
CTF 151 operates in the Gulf of Aden and Somali Basin to deter, disrupt
and suppress piracy, protecting the safe passage of maritime vessels of
any nationality.
3.
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NATO Shipping Centre (NSC) provides the commercial link with NATOs Maritime
Forces. The NSC is NATOs primary point of contact with the maritime community
and is used by NATO as the tool for communicating and coordinating initiatives
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and efforts with other military actors (most notably UK MTO, MSCHOA and
MARLO) as well as directly with the maritime community, and thereby supporting
the overall efforts to reduce the incidence of piracy.
UK ROYAL NAVYS MARITIME TRADE ORGANISATION (UKMTO)
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The UK Maritime Trade Operations (UKMTO) office in Dubai acts as the primary
point of contact for merchant vessels and liaison with military forces in the
region. UKMTO also administers the Voluntary Reporting Scheme, under which
merchant vessels are encouraged to send regular reports, providing their
position/course/speed and ETA at their next port while transiting the region
bound by Suez, 78E and 10S.
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12.
CONCLUSION
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In this module we have looked at the history of the maritime industry and, to
create an understanding of the legal and regulatory requirements of the industry,
how the regulatory framework for the maritime industry works. We then looked
briefly at the economics of the industry and the trade patterns that govern
shipping.
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In the introduction to the main threats to the industry we briefly analysed the
threats from terrorism and piracy as well as the more traditional types of crime
committed within and on the industry such as fraud and smuggling.
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Towards the end of the module we looked at some of the organisations that
govern, control and influence the day-to-day affairs of the shipping industry. We
also looked at some security initiatives that everyone with an interest in maritime
security should at least be aware of and some of the counter-piracy initiatives
and naval forces that are in operation today.
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This sets the scene for the rest of the course. In the next module we shall look
in more depth at the key legal concepts and issues of international law which
have always been and remain problematic today.
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Whats next?
We hope that you enjoyed this module and can see the quality of the materials provided and
how much you could gain from the rest of the course.
To secure your place on the course please enrol online:
http://www.lloydsmaritimeacademy.com/msec
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