Latin American Panel 15-16 October 2009 Vina Del Mar, Chile

1. Latin American Panel15-16 October 2009Vina Del Mar, Chile Peter M. Swift

2. Piracy Overview

3. Piracy / Armed Robbery • Malacca Straits / South China sea • Nigeria / Gulf of Guinea • South America • Somalia – Gulf of Aden / W Indian Ocean

4. PIRACY - Somalia • 2008 Statistics - 111 reported piracy incidents - 69 attacks - 42 hijackings • 2009 Statistics (as of early October) - 155 reported piracy incidents - 122 attacks (80 fired upon) - 1 boarding - 32 hijackings

5. Gulf of Aden/Somali CoastINTERTANKO Activities Activities include: • Testimony to US Congress on International Piracy • Delegate with UN Contact Group and Working Groups on Piracy • Industry spokesperson at Djibouti meeting finalising regional code • Member IMO Correspondence Group revising MSC Guidance Circulars • Providing MNLO Secondee to MSCHOA • Development of Industry Best Management Practices • Participation in Naval Shared Awareness and De-Confliction (SHADE) Meetings

6. Gulf of Aden/Somali CoastINTERTANKO Activities Activities include: (continued) • Contributed to production of Anti--Piracy Charts • Developing Merchant Shipping Communication Plan • Developed Piracy Model Clauses • Providing regular Security Bulletins to Members • Providing Routing Guidance • Developing Industry Positions on Arming of Ships • Participating at Industry Seminars • Frequent contacts with national governments

7. United Nations Contact Group (CGPCS) • Contact Group steers the overall programme • WG 1 : measures to improve the coordination of, and information sharing between, the various naval forces present in the region and their interfacing with civilian shipping • WG 2 : programmes to facilitate the prosecution of those caught and suspected of piracy • WG 3: facilitates development of industry “Best Management Practices” to counter piracy and their application within the international shipping community • WG 4 : communications and outreach strategies for use within Somalia and to the wider international community as part of capacity building programmes - this latter to be in conjunction with other UN programmes already on the ground within the region

8. Piracy - Somalia • OCIMF/INTERTANKO/Industry Guide: Piracy - The East Africa/Somalia Situation Practical Measures to Avoid, Deter or Delay Piracy Attacks

9. Best Mangement Practices – Version 2

10. Piracy – Gulf of Aden/Somali Basin Guidance for Gulf of Aden / Somalia • Pre-transit: Assess Risk Plan self-protection/defensive measures Register Company and Ship with MSCHOA IF appropriate, join Group Transit • During transit: Stay alert Report regularly to UKMTO, Dubai (or to MARLO) Follow “best management practices”

11. Piracy – Industry positions Eliminating piracy is a SHARED RESPONSIBILITY between the maritime industry and governments, BUT Establishment of LAW AND ORDER on the high seas is the responsibility of governments Our first concern is for the safety and welfare of our seafarers, both at sea and in port, while also concerned for the security of our ships and their cargoes !

12. Role of Governments • Provide and maintain sufficient assets in the region (EUNAVFOR, NATO, CTF, National Navies) • Establish and ensure a coordinated approach (via SHaDE and Mercury) • Establish and ensure a single, or at least compatible, rules of engagement (CGPCS) • Develop necessary legal authorities to prosecute pirates (e.g. nationally or in third country such as Kenya) • Develop a long term solution to the Somalia problem on land (CGPCS)

13. IMO Action IMO Maritime Safety Committee (MSC) updated guidance to governments and industry • MSC.1/Circ.1333 - PIRACY AND ARMED ROBBERY AGAINST SHIPS, “Recommendations to Governments for preventing and suppressing piracy and armed robbery against ships” • MSC.1/Circ.1334 - PIRACY AND ARMED ROBBERY AGAINST SHIPS “Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships” and issued • MSC Circulars endorsing the BMPs from the GCPCS

14. Arming Ships – Industry position Armed guards or arming ships’ crews is NOT an INTERTANKO advocated approach • Legal issues for flag states and port states • Serious potential safety concerns • Major liability and insurance issues in the event of death or injury • Risk of collateral damage • Potential to provoke an escalation of fire power by the pirates

15. Arming Ships “ INTERTANKO believes that the use of armed guards, security forces or mercenaries onboard merchant ships has to be a matter for each individual owner or manager to assess as part of their own risk assessment, and as a consequence is unable to endorse any of those companies or individuals offering such services. “

16. Summary and Challenges • Both industry and governments recognize that eliminating piracy is a shared responsibility and each is doing their part • Significant progress has been made by both • BUT, more must be done to eradicate piracy and we must work together to do it • Maintaining assets and resources will be a challenge for both governments and industry associations over the medium/longer term • Adherence to Best Management Practices is still incomplete • Any escalation of activity/levels of violence will create new challenges • The “solution” to the Somali problem stills seems very distant • There is a risk that the “Somali” model is copied elsewhere

17. Muchas Gracias

18. Muchas Gracias Thank you For more information, please visit: www.intertanko.com www.poseidonchallenge.com www.shippingfacts.com www.maritimefoundation.com London, Oslo. Washington, Singapore and Brussels