UNICS SECURITY SERVICES: Armed Guards-Ένοπλοι φύλακες

In January this year, the Security in Complex Environments Group (SCEG) asked City & Guilds (C&Gs) to develop an MSO qualification based on the competencies in the new international standard for Private Maritime Security Companies (PMSCs): ISO28007 [Guidelines for PMSCs providing privately contracted armed security personnel (PCASP) on board ships].

Development of the City and Guilds Maritime Security Operative qualification is well underway. Units have been drafted to meet stipulated learning outcomes based on ISO28007.

3rg has provided one of the three industry subject matter experts involved in the development process. City and Guilds presented the work to date to the wider SCEG membership on Thursday 7^th March.

Background points for the 8269 City and Guilds MSO Qualification:

This qualification is being developed for Maritime Security Operatives (MSOs) operating as PCASP.
It will be the only such qualification in Ofqual’s Qualification and Credit Framework based directly on the knowledge and competencies in ISO 28007.
It will assist PMSCs demonstrate the competence of their operatives both to their clients and when being audited as part of the ISO 28007 certification process.
The MSO 8269 qualification is expected to comprise four units with some 38 guided learning hours. C&Gs have assessed it should be set at Level 3 in Ofqual’s Qualification & Credit Framework (QCF). This reflects the complexity of the envisaged assessment of the required learning outcomes.
As a Level 3 Ofqual qualification, ex-servicemen will be able to use their MOD ELCAS funding.
C&Gs will start work on the assessment process later this month.
C&Gs are working with the MCA to ensure the MSO 8269 qualification also satisfies the syllabus for personnel in designated security duties (PDSD) as required by the STCW Convention (as amended in Manila 2010) Regulation VI/6.

Visit 3rg | Operational Risk Management and Specialist Security Training for more detail or contact us viainfo@3rg.co.uk or call the 3rg training centre on 01202 744582

LAW CONCERNING THE COMBATING OF MARITIME PIRACY

1 February 2013

A new law on maritime piracy was published in the Belgian official gazette on 30 January 2013. This law creates a legal framework for ships sailing under Belgian flag to protect them against the current wave of piracy in certain areas.

Before the law can effectively be applied, a number of issues will have to be dealt with by Royal Decree. This Royal Decree has not been published yet, its publication is expected next month.

The law creates a possibility for ships under Belgian flag to rely on a maritime security company. There has always been a certain reluctance in Belgium against allowing private armed guards on board of Belgian ships. Obviously the new law therefore imposes a number of conditions on the use of maritime security companies.

It is only possible for certain areas of the sea as will be defined by Royal Decree (art. 3). The master or the operator of the ship must comply with all IMO guidelines on piracy.

The agreement between the shipowner or operator on the one hand, and the maritime security company on the other hand will also have to meet certain legal requirements (art. 6). The agreement will need to have a statement about Belgian law, about the guidelines of the IMO, the use and the origin of weapons on board and information about the crew of the security company on board.

Certain conditions apply also for the maritime security company. For example, they will need to have a permit granted by Royal Decree (art. 3,6 and 12). It is prohibited for these companies to use subcontractors and they will need to have a special liability insurance.

The law also imposes some obligations regarding information and reporting. The shipowner (or operator) will have to report to the government every voyage during which he uses a maritime security company (art. 4). There is also an obligation to report every attack of piracy and every time the guards fire from the ship in the context of piracy (art. 5).

The law creates also clarity about the responsibilities on board. It is for example expressly stated that the security people on board is not considered to be as part of the crew of the ship (art. 8). The maximum number of persons on board may therefore in some cases be exceeded (art. 9).

The responsibilities of the master are not affected by this law (art. 7). The captain is still the highest authority on board and is therefore also the one who decides whether or not a piracy attack should be repelled, after advice of the supervisor of the security crew. He also keeps his authority to arrest people on board of the ship.

The law is a temporary law. It shall apply from 30 January 2013 to 31 December 2014, after which it will be evaluated (art. 30).

For further information contact Peter Van de Vijver and Philippe Van Dijck.

Published in: Legal insights

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Italian marines to return to India to face trial

Posted on March 22, 2013 by admin

Two Italian marines accused of killing two Indian fishermen will return to Delhi for trial, the Italian government said.

“The Italian government requested and received written assurances from the Indian authorities regarding the treatment of the marines and the protection of their fundamental rights,” the government said in a statement.

The marines — Massimiliano Lattore and Salvatore Girone – were permitted by the Supreme Court on February 22 to go to Italy for four weeks for voting in election.

But when they failed to return, the apex court ruled Italy’s ambassador was barred from leaving the country.

According to media reports, the Italian government said it had received assurances about the men’s treatment and their human rights.

The case had sparked a diplomatic row between India and Italy.

On 19 March, Congress President Sonia Gandhi asserted that no country will be allowed to take India for granted.

“The defiance of the Italian government on the question of the two marines and its betrayal of a commitment to our Supreme Court is outright unacceptable,” Gandhi said, addressing a meeting of the Congress Parliamentary Party here.

“No country can, should, or will be allowed to take India for granted. All means must be pursued to ensure that the commitment made by the Italian government to our Supreme Court is honoured,” Gandhi said in four-page speech at the CPP.

Her remarks are significant as Congress was under attack from the Opposition, which alluding to Gandhi’s Italian origin, has been targeting the government, questioning why accused having links with Italy escape Indian laws starting from the time of the Bofors scandal.

Sources in the party have maintained that Gandhi was keen that the government did not appear soft on the Italian marines issue.

After withholding posting of its Ambassador-designate Basant Kumar Gupta to Rome, government had said further steps will be taken after completion of the review of bilateral ties with Italy.

Taking a tough stand, Prime Minister Manmohan Singh had accused Italy of violating “every rule of diplomatic discourse” and asked it to send back the two marines undergoing trial for killing Indian fishermen, failing which there will be consequences on bilateral ties.

Source: Business Standard

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LAW CONCERNING THE COMBATING OF MARITIME PIRACY

Italian marines to return to India to face trial

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