ARMS ON BOARD
Chain of command and authorisation to use force
• There are potentially extremely serious civil and criminal sanctions, if there are breaches of weapons licensing laws. • Given that there are significant international concerns about the proliferation of arms, with fears that weapons could end up being used in crime, terrorism, or in civil war, security companies, as well as shipowners, must be extremely careful. Appropriate legal advice needs to be sought to ensure that both the security personnel carrying weapons, and the company owning the weapons acquire all the necessary licences and consents. In particular, it should be noted that some jurisdictions, such as Egypt, have banned the presence of weapons and armed security teams on board when transiting their territorial waters. Be mindful of any unplanned changes to your route, which may bring the superyacht into the territory in which the existing weapons licences are inadequate.
Whether or not a superyacht can legally carry weapons depends on the type of superyacht, the laws of the port state you are visiting and the flag state that the superyacht is flagged with.
• Requirements state that the captain has the overriding authority and responsibility to make decisions with respect to the safety and security of the superyacht, as with any ship. However, there are questions as to how the captain’s overall responsibility for security issues interplays with the need for a professionally trained security team to take quick and immediate decisions in the heat of an attack. • It has been widely argued that security personnel have an inherent right to use force in instances where it is necessary in their self-defence, and that the members of the security team should have a discretion under the RUF to use force without the captain’s consent in these circumstances.
In international waters, the laws of the flag state apply. Superyachts requiring protection of armed security guards generally engage private security firms to provide such services. Armed guards are usually only on board the superyacht while it is in a high risk area.
protocols and measures to be taken in the event of an attack by pirates. These should provide a detailed, graduated response plan to pirate attacks as part of the security team’s operational procedures, with the aim of preventing boarding using the minimal force necessary to do so. In particular, the IMO guidance for the RUF states that firearms should not be used against persons ‘except in self-defence or defence of others against the imminent threat of death or serious injury, or to prevent the perpetration of a particularly serious crime involving grave threat to life’.
Use of force and rules for the use of force
• Currently, no international conventions or regulations state what force and measures can be used lawfully to defend against a pirate attack. As a result, in international waters, the laws governing the use of force will be those of the flag state of the superyacht, which must be complied with by the captain, crew and security personnel at all times. It is advisable that the flag state is consulted at an early stage in the owner’s consideration of the decision to place armed guards on the superyacht to ensure that any statutory requirements are met. • On board the superyacht, the security team must be bound by clear Rules for the Use of Force (RUF), which should clearly set out the
Weapons licences
• Making sure that all relevant licences are in place for carrying weaponry and ammunition on board during a voyage is a potential legal minefield, given that the laws of a number of legal jurisdictions may be involved. Laws and regulations governing weapons licences are frequently extremely complex, and potentially licences may be required from multiple government agencies.
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