Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.
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These measures were taken from what many inter- QDWLRQDO VKLSSLQJ ÁHHWV FRQVLGHUHG WR EH ´EHVW SUDF- tices." Soon, the work of creating, revising, and dis- seminating industry-produced best management practices (or BMPs) to counter the threat of piracy off WKH FRDVW RI 6RPDOLD ZRXOG WDNH RQ D VXVWDLQDEOH HIÀ- cient, and prominent life of its own. A "Game Changer" for the U.S. Fleet Due to the quickly evolving situation off the Horn of Africa in 2008 and 2009, the Coast Guard and U.S. government interagency partners from the Depart- ment of State, Department of Homeland Security, Department of Transportation-Maritime Adminis- tration, Department of Defense, and Department of Justice immediately went to work to revise MARSEC Directive 104-6 to address this unique and dangerous situation. During the four-week period between the attack on the Maersk Alabama and signing MARSEC Direc- tive 104-6 (rev 2), the Coast Guard convened almost daily teleconferences with our U.S. government inter- agency partners to assess the vulnerability of U.S. vessels operating off the Horn of Africa and Gulf of Aden, and to decide what the second revision of MARSEC Directive 104-6 should include. As a result, it was decided that the threat off the Horn of Africa was so unique that a special annex was added that VSHFLÀFDOO\ DGGUHVVHG WKH WKUHDW Among many self-protection measures, the second revision to the MARSEC directive included require- ments for U.S. vessels to: • VXSSOHPHQW WKHLU FUHZ ZLWK SURIHVVLRQDO VHFXULW\ personnel (unless exempted due to low inherent vulnerability), • WR UHJLVWHU DQG SURYLGH PRYHPHQW SODQV WR WKH Maritime Security Center–Horn of Africa, • WR HVWDEOLVK FRQWDFW ZLWK 8 . 0DULWLPH 7UDGH Operations, • WR MRLQ HVWDEOLVKHG YHVVHO FRQYR\V WKURXJK WKH internationally recommended transit corridor in the Gulf of Aden, • WR HVWDEOLVK D ´VDIH KDYHQµ RU FLWDGHO LQ ZKLFK crewmembers could take safe refuge prior to and during a pirate attack. 7R UHÀQH DQG FROOHFW LQSXW RQ WKH QHZO\ GHVLJQHG security program, the U.S. Coast Guard and U.S. gov- ernment interagency partners hosted a roundtable meeting with affected maritime industry stakehold- ers in 2009, at Coast Guard headquarters in Washing- www.uscg.mil/proceedings ton, D.C. Some of the topics discussed in this meet- ing included the state of counter-piracy and the U.S. JRYHUQPHQW·V HIIRUWV WR KHOS SURWHFW 8 6 ÁDJJHG YHV- sels. This collaborative forum proved very effective in ÀQDOL]LQJ WKH UHYLVHG VHFXULW\ SURJUDP DQG LQ VKDS- ing accompanying guidance that would be needed to assist U.S. vessel operating companies in complying with its provisions. A Rapid Evolution To comply with the MARSEC Directive 104-6 (rev 2), 8 6 ÁDJJHG YHVVHOV VXEPLWWHG YHVVHO VHFXULW\ SODQ amendments to the U.S. Coast Guard Marine Safety &HQWHU; IRU DSSURYDO 2XW RI WKDW ÀJXUH KDOI RI WKH YHV- sels planned to operate in the Horn of Africa and/or Gulf of Aden area and many of them included provi- sions to use supplemental armed security personnel. This initial round of vessel security plan amendments was just the start of the "conversation" that the U.S. Coast Guard would have almost daily with the mari- time industry over the course of the next year regard- ing vessel security plan amendments for piracy. The Coast Guard and U.S. government interagency partners hosted several roundtable meetings since to discuss the state of counter-piracy and the U.S. gov- HUQPHQW·V HIIRUWV WR DVVLVW LQ SURWHFWLQJ 8 6 ÁDJJHG vessels, resulting in a series of port security adviso- ries that provided supplemental guidance to facilitate compliance with the MARSEC directive itself. 6SHFLÀF *XLGDQFH IRU 0DULQHUV Use of force. 7KH ÀUVW SLHFH RI JXLGDQFH DGGUHVVHV the maritime industry's concerns regarding the "use of force" that armed security teams may employ in defense of a vessel. Port security advisory (PSA) 3-09, "Guidance on Self Defense or Defense of Others," published in June 2009, restates and re-emphasizes existing international law in this area. While this PSA doesn't contain new standards with respect to the right of self-defense or defense of others, it provides examples that illustrate how the principles can apply to the issue of piracy.2 Weapons. PSA 4-09, published in May 2009, deals directly with compliance with U.S. and state laws and regulations, including the Gun Control Act, the 1DWLRQDO )LUHDUPV $FW DQG WKH ,QWHUQDWLRQDO 7UDIÀF LQ Arms Regulations when placing self-defense weap- ons aboard U.S. vessels. The Department of State's Directorate of Defense Trade Controls, U.S. Customs and Border Protection, and the U.S. Coast Guard all worked closely with the Department of Justice to out- line potential methods of compliance with underly- Spring 2012 Proceedings 25