[161013.EN.BIZ] Security Contractors Code Conflicts With ISO Standards, Says BIMCO

THERE are inherent problems in the signing of International Code of Conduct Association's (ICoCA) code by Private Maritime Security Companies (PMSCs), for shipboard armed guards, says BIMCO security chief Giles Noakes.

Mr Noakes said that the UN's International Maritime Organisation had already found ICoCA had already shown a lack of transparency over its application of land based armed guards.

"Indeed, the ICoCA will not be able to represent private maritime security companies directly at IMO and will have to rely on government's flag states represented there - only five governments of 160 represented in IMO are members of ICoCA, and no major flag states," said Mr Noakes.

Back in August 2009, Mr Noakes advocated "passive defence" to ward off pirates when he addressed a seminar at Hong Kong's United Centre in Admiralty.

Mr Noakes told his audience that arming crews or stationing armed men aboard is no answer, citing a host of legal problems and risk of accidents.

"Every fisherman there has Kalashnikov and he is likely to wave it just to get you away from his nets," he said. "Armed force belongs to the navies."

Today, he said there are serious grey areas. He found rules governing the use of force "rather too loose" and contradicts the newly accepted 100 Series RUF into ISO PAS 28007.

Thus, he said in his letter to Lloyd's List, ICoCA lacks the credibility and independence that the IMP and IOA developed in the ISO PAS 28007 in December 2012, and BIMCO's Guardcon available since March 2012 as standard contract to protect shipowners from potential liabilities when using armed guards.

"When signing up to the new ICoCA Articles of Association, PMSCs will create potential liabilities that are not addressed by Guardcon and indeed may be impossible to address; so placing the shipowner in an invidious position and unable to employ association signatories."

Mr Noakes says that although cost is an issue if the PMSC pass on costs, it is a small part of a larger problem where ICoCA lacks transparency and distracts stakeholders of the true value of the ISO PAS 28007.

Source : HKSG.