Table 1 Flag state position on the use of PMSC armed security personnel
Flag state
Provision as it relates to allowing
security personnel on-board vessel
Authority
1.
Bahamas Neither prohibited nor recommended Bulletin No 128, No. 3 of 2015
2.
Belgium
Allowed by law
An Act respecting various measures
relating to the fight against maritime
piracy (2013); Belgium, Royal
Decree amending the Royal Decree
of 11 February 2013 laying down
maritime zones for the use of private
security guard against maritime
piracy (2016)
3.
China
No provision under national
legislation
4.
Denmark Ship owner may apply for one-year
permission to hire security personnel
in areas presenting a risk of acts of
piracy or armed robbery
Law 116, The amendment of the
Firearms Act and the Act on Warfare
5.
Germany Armed personnel are permitted from
PMSCs licensed according to the
German Trade Regulation Act
Trade Regulation Act (GewO) Art.
31 of 4 April 2013, the Sea Surveillance Act (SeeBewachV) of 11 June
2013, and the Implementation Act of
the Seas Surveillance Act
(SeeBewachDV) of 21 June 2013.
Federal Office of Economics and
Export Control (BAFA) (2014)
Licensing of Security Companies on
Board Ocean-Going Vessel; Federal
Office of Economics and Export
Control (BAFA) (2014) Licence
under the Weapons Act
6.
Greece
Security personnel and carriage of
weapons allowed on-board Greekflagged vessels
Joint Ministerial Decision
No. 641.36-2/12 of 24 April 2012 Ã
adopted in line with law no. Law
4058 of 22 March 2012
7.
Hong
Kong
Recommends the presence of security
personnel on board but does not
encourage the possession of firearms
Hong Kong Marine Department, ‘Security and Quality Advisory No. 14: Placing Security
Personnel on Board HK Registered
Ships’ (16 Feburary 2011)
8.
Italy
Vessel may utilise private personnel if
vessel protection detachment (VDP) is
not available.
Vessels must be operating in areas
identified by the Ministry of Defence
as high risks
Decree Law No. 107 of 12 July 2011,
concerning the extension of the
intervention of development cooperation, support of peace and stabilization processes, international missions
of the Armed and Police Forces, as
well as the implementation of the
Resolutions 1970 (2011) and 1973
(2011) adopted by the UN Security
Council; Decree of the Ministry of
Defense No. 55447 of 1 September
2011 (GU No. 212 of 12 September
(continued)
Private Maritime Security Companies Within the International Legal. . .
191
Flag state
Provision as it relates to allowing
security personnel on-board vessel
Authority
1.
Bahamas Neither prohibited nor recommended Bulletin No 128, No. 3 of 2015
2.
Belgium
Allowed by law
An Act respecting various measures
relating to the fight against maritime
piracy (2013); Belgium, Royal
Decree amending the Royal Decree
of 11 February 2013 laying down
maritime zones for the use of private
security guard against maritime
piracy (2016)
3.
China
No provision under national
legislation
4.
Denmark Ship owner may apply for one-year
permission to hire security personnel
in areas presenting a risk of acts of
piracy or armed robbery
Law 116, The amendment of the
Firearms Act and the Act on Warfare
5.
Germany Armed personnel are permitted from
PMSCs licensed according to the
German Trade Regulation Act
Trade Regulation Act (GewO) Art.
31 of 4 April 2013, the Sea Surveillance Act (SeeBewachV) of 11 June
2013, and the Implementation Act of
the Seas Surveillance Act
(SeeBewachDV) of 21 June 2013.
Federal Office of Economics and
Export Control (BAFA) (2014)
Licensing of Security Companies on
Board Ocean-Going Vessel; Federal
Office of Economics and Export
Control (BAFA) (2014) Licence
under the Weapons Act
6.
Greece
Security personnel and carriage of
weapons allowed on-board Greekflagged vessels
Joint Ministerial Decision
No. 641.36-2/12 of 24 April 2012 Ã
adopted in line with law no. Law
4058 of 22 March 2012
7.
Hong
Kong
Recommends the presence of security
personnel on board but does not
encourage the possession of firearms
Hong Kong Marine Department, ‘Security and Quality Advisory No. 14: Placing Security
Personnel on Board HK Registered
Ships’ (16 Feburary 2011)
8.
Italy
Vessel may utilise private personnel if
vessel protection detachment (VDP) is
not available.
Vessels must be operating in areas
identified by the Ministry of Defence
as high risks
Decree Law No. 107 of 12 July 2011,
concerning the extension of the
intervention of development cooperation, support of peace and stabilization processes, international missions
of the Armed and Police Forces, as
well as the implementation of the
Resolutions 1970 (2011) and 1973
(2011) adopted by the UN Security
Council; Decree of the Ministry of
Defense No. 55447 of 1 September
2011 (GU No. 212 of 12 September
(continued)
Private Maritime Security Companies Within the International Legal. . .
191