Vessel set on Fire by ……Pirates!

The International Maritime Bureau (IMB) have just reported that pirates have set the Estelle Shipping-owned cargo ship, M/V Pacific Express, ablaze after they were unable to take control of the vessel.

The IMB report indicates that the armed pirates were aboard two skiffs about 300 nautical miles east of Mombasa, Kenya, when they attempted to seize the vessel. The Cyprus Maritime-managed Pacific Express crewmembers were all able to retreat to the on-board citadel and dispatched for assistance.

In response to the crew locking themselves away, the pirates then set fire to the ship in hopes it would thwart the crew from the citadel. The piracy flagship of NATO, Andrea Doria, was sent to answer the request. According to the Italian Navy, the pirates fled the scene when they noticed the Andrea Doria approaching.

NATO security teams then evacuated the 26 crew members who were in the citadel, including a Ukrainian ship master, and 25 Filipinos. The crew from the Pacific Express have boarded the Andrea Doria and will be transported to Mombasa. The M/V Pacific Express had been en route to Mombasa to drop off shipments of steel bars and coils before the attack. There updated reports as of yet.

New Guidelines for Armed protection at Sea

Further interim guidance on the use of privately contracted armed security personnel (PCASP) on board ships to counter Somali-based piracy has been approved by an IMO intercessional working group.

The Intercessional Maritime Security and Piracy Working Group of the Maritime Safety Committee, which met at IMO Headquarters in London from 13 to 15 September 2011, approved the following Maritime Safety Committee (MSC) circulars for dissemination:

MSC.1/Circ.1408 on Interim Recommendations for port and coastal States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area;

MSC.1/Circ.1406/Rev.1 on Revised Interim Recommendations for flag States regarding the use of privately contracted armed security personnel on board ships in the High Risk Area;

MSC.1/Circ.1405/Rev.1 on Revised Interim Guidance to ship-owners, ship operators and shipmasters on the use of privately contracted armed security personnel on board ships in the High Risk Area; and

a joint MSC and Facilitation Committee (FAL) circular on Questionnaire on information on port and coastal State requirements related to privately contracted armed security personnel on board ships, which is aimed at gathering information on current requirements.

The circulars provide interim guidance and recommendations to be taken into account when considering the use of PCASP if and when a flag State determines that such a measure would be lawful and, following a full risk assessment, appropriate.

As stated in the circulars, the interim guidance and recommendations “are not intended to endorse or institutionalize” the use of armed guards. Therefore, they do not represent any fundamental change of policy by the Organization in this regard. It is for each flag State, individually, to decide whether or not PCASP should be authorized for use on board ships flying their flag. If a flag State decides to permit this practice, it is up to that State to determine the conditions under which authorization will be granted.

The use of PCASP should not be considered as an alternative to Best Management Practices (BMP) and other protective measures. BMP4 has recently been issued by the shipping industry and will shortly be disseminated by IMO (as MSC.1/Circ.1339).