Summary of Indian Ministry of Shipping Guidelines on Deployment of Armed Security Guards on Merchant Ships By Hamsa Devineni

The International Maritime Organizations (IMO) Maritime Safety Committee (MSC), in May 2011, approved an interim guidance on the use of privately contracted armed security personnel on board ships transiting high-risk piracy areas through MSC.1/ Circ. 1405 &1406. Both sets of guidance aim at addressing the complex issue of employing private armed security on board ships. In compliance with the IMO guidance, Indias Ministry of Shipping officially approved the deployment of armed guards aboard Indian merchant ships to protect them against piracy. The move comes on the back of recommendations from the inter-ministerial group (IMG) of officers constituted to handle the hostage situation on hijacked ships and also suggest preventive measures. The guidelines were issued after consultation with the ministries of external affairs, defense, home affairs, department of revenue, Indian Navy, Coast Guard & the Director General of Shipping. As per the new guidelines: Ship owners are allowed to engage private maritime security companies (PMSC) through a proper selection procedure. The guidelines require the ship owner to exercise due diligence in the selection and vetting of PMSC. The ideal size of the armed team would be five which includes four security guards, one team leader & one of the team members as a certified medic (medical personnel). However, the size of the security team & equipment necessary has been left to the discussion between ship owner and the PMSC. Armed merchant ships, Indian or Foreign, visiting Indian ports or transiting through the Indian Economic Exclusive Zone (EEZ) or the Indian Search and Rescue Region (ISRR) are required to obtain a Pre-Arrival Notification for Security (PANS) 96 hours prior to their arrival. All vessels are required to provide information to jurisdictional port authority, customs and regional coast guard authority & Indian Navy on the identity of security personnel on board, including a description of the number and details of firearms and ammunitions carried by them & the details of associated licenses issued or accepted by national administration where PMSC registered. Foreign Merchant vessels visiting Indian ports have additional guidelines.

The command and control structure between the Master and the armed security guards team must be clearly defined and documented. The security team on board must completely understand and comply with the rules for the use of force as agreed between the ship owner, master and the PMSC. The master of the vessel is required to report and record such incidents. Ships carrying armed guards on board must have a strong room to store firearms and ammunitions. Additional guidelines on management of firearms and ammunition from embarkation to disembarkation have been provided. Further, the guidelines facilitate embarking or disembarking of armed security guards in Indian ports.

The guidelines do not endorse the use of armed guards on merchant ships, but given the present danger to shipping from pirates, ship owners may deploy armed security guards subject to their risk assessment, particularly for ships which bear slow speed and have low freeboard. The guidelines may be supplemented by the ship owner/master as deemed appropriate or as dictated by the circumstances.