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PIRACY– Current Legal and Practical Considerations October 2012

PIRACY– Current Legal and Practical Considerations October 2012. 24 hour emergency response +44 20 7283 6999. UK Arrests first “Pirate”. Energy Centurion 28 August 2012. Abu Dhabi Star – 5/6 September 2012. Gulf of Guinea. Orfeas – Position – Suspected hijacking 6 th October.

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PIRACY– Current Legal and Practical Considerations October 2012

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  1. PIRACY– Current Legal and Practical ConsiderationsOctober 2012 24 hour emergency response +44 20 7283 6999

  2. UK Arrests first “Pirate”

  3. Energy Centurion 28 August 2012

  4. Abu Dhabi Star – 5/6 September 2012

  5. Gulf of Guinea

  6. Orfeas – Position – Suspected hijacking 6th October

  7. Gulf of Guinea - Statistics

  8. Attacks/Approaches by month, 2008 to 2012

  9. Geo Strategic Situation 1000 NM 1000 NM 100 Two vessels attack 400m out 9th March 27 regional nations (14 with coastline) 3 chokepoins 16.8 million km2 80% of global energy reserves Religious center for 1.5 billion Muslims 23.000 ships passing the Gulf of Aden

  10. Rolling average based on last 6 ships released 250 DAYS +

  11. Average duration by weight • Free Goddess 22k dwt – 231 • L Velvet 5.9k dwt – 219 • Royal Grace 6.8k dwt - 207

  12. Target : Time v Price • Cant pay • Wont pay • Can pay

  13. Smryni – 138 days

  14. Are they pirates?

  15. Article 101 Definition of piracy Piracy consists of any of the following acts: (a) any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

  16. Mavi Marmara

  17. Fairchem Bogey

  18. Enrica Lexie

  19. SUA Convention Article 3 Any person commits an offence if that person unlawfully and intentionally performs an act of violence against a person on board a ship if that act is likely to endanger the safe navigation of that ship; or injures or kills any person, in connection with the commission or the attempted commission of any of the offences set forth in subparagraphs (a) to (f).

  20. Who has jurisdiction? Status of Forces Agreement State Immunity European Convention on Human Rights Enrice Lexie - Jurisdiction

  21. Ransom is it legal ? • Masefield v Amlin (2010) • Looked at whether ransom was contrary to public policy • International Ransom Task Force

  22. ARMED GUARDS • Intro • Shifting position of governments • Licensing and Permits • Choosing the Security Company • ISO 28007 • Legal Issues • Guardcon • Rules for the Use of Force

  23. Floating armouies

  24. Guardcon New BIMCO contract Published 26th March Multiple and single transits

  25. Master’s Authority and Division of Responsibilities Clause 8 - Master has ultimate authority and overall command - Team Leader invokes Rules for the Use of Force - Individual responsibility for any decision taken on the use of force - Reinforces Master’s right to order a cease fire - Self defence in accordance with applicable laws is preserved.

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