The guide to Superyacht law - Fourth edition

ARMS ON BOARD 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. 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. 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 teammust be bound by clear Rules for the Use of Force (RUF), which should clearly set out the 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”.

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