Security Companies (PMSC) providing privately Contracted Armed Security Personnel (PCASP) on board ships (and pro forma contract) (ISO/287000-1).
ISO/28007-1 aims at providing assurance that the PMSC industry is properly
regulated through internationally accepted standards. As a sub of the Specification
for security management systems for the supply chain (ISO 28000), a publicly
available requirement for ensuring security assurance in a supply chain, ISO/
28007-1 provides sector-specific guidelines which companies can implement to
demonstrate their capability to conduct the PMSC service of providing PCASP on
board vessels.
116 The standard contains a list of criteria to be used by duly accredited
bodies to assess the capability and compliance level of the company.
117 Following
such audit, art. 1 recommends that a certificate stating that the full guidelines of ISO
28007-1 was utilized, be issued as a sign that the company has attained
certification.
118
In conjunction with the major progress made by multi-stakeholder initiatives,
industry associations have assumed a growing role in developing and promoting
self-regulation. The Baltic and International Maritime Council (BIMCO)’s standard
contract for the employment of security guards on board ships GUARDCON provides for uniformity in contractual terms in the engagement of PMSCs.
119 It provides for detailed standards required of the security company in terms of
qualification of personnel placed on board vessels, recognition of the master’s
authority throughout the voyage, insurance cover for their risk, and permit and
licenses to allow them to lawfully transport weapons.
BIMCO has also drafted a Guidance on the Rule for the Use of Force (RUF) by
Privately Contracted Armed Security Personnel (PCASP) in Defence of a Merchant
Vessel (MV). The Guide reflects how the inherent right to self defence is interpreted,
the issue of chain of command on board a vessel, graduated and proportional
response to an attack as well as post incident formalities. The Guide does not form
part of GUARDCON but could become binding if it is included specifically as part
of the Contract.
The International Association of Maritime Security Professionals (IAMSP) a not
for profit organization founded in 2010 currently “self-regulates” private security
professionals operating within the maritime domain. The Association is committed
to among other objectives, developing the appropriate sound security standards,
guidelines and practice and promote professional conduct in all aspects of the
maritime security domain.
120 To achieve the set out goals, the Association issued
116 ISO 28007-1, Article 1.
117 ISO does not carry out certification. Rather the standards developed are utilized by external
certification bodies who are usually accredited by the International Accreditation Forum. For an in
depth discussion on the ISO and its potential to generate legal consequences, see Carreira Da
Cruz (2017).
118 ISO 28007-1, Article 1.
119 Williams (2014), p. 352; BIMCO Circular 5/12.
120 For more information on the mission and of the association visit http://iamsponline.org/.
194
O. A. Eruaga
ISO/28007-1 aims at providing assurance that the PMSC industry is properly
regulated through internationally accepted standards. As a sub of the Specification
for security management systems for the supply chain (ISO 28000), a publicly
available requirement for ensuring security assurance in a supply chain, ISO/
28007-1 provides sector-specific guidelines which companies can implement to
demonstrate their capability to conduct the PMSC service of providing PCASP on
board vessels.
116 The standard contains a list of criteria to be used by duly accredited
bodies to assess the capability and compliance level of the company.
117 Following
such audit, art. 1 recommends that a certificate stating that the full guidelines of ISO
28007-1 was utilized, be issued as a sign that the company has attained
certification.
118
In conjunction with the major progress made by multi-stakeholder initiatives,
industry associations have assumed a growing role in developing and promoting
self-regulation. The Baltic and International Maritime Council (BIMCO)’s standard
contract for the employment of security guards on board ships GUARDCON provides for uniformity in contractual terms in the engagement of PMSCs.
119 It provides for detailed standards required of the security company in terms of
qualification of personnel placed on board vessels, recognition of the master’s
authority throughout the voyage, insurance cover for their risk, and permit and
licenses to allow them to lawfully transport weapons.
BIMCO has also drafted a Guidance on the Rule for the Use of Force (RUF) by
Privately Contracted Armed Security Personnel (PCASP) in Defence of a Merchant
Vessel (MV). The Guide reflects how the inherent right to self defence is interpreted,
the issue of chain of command on board a vessel, graduated and proportional
response to an attack as well as post incident formalities. The Guide does not form
part of GUARDCON but could become binding if it is included specifically as part
of the Contract.
The International Association of Maritime Security Professionals (IAMSP) a not
for profit organization founded in 2010 currently “self-regulates” private security
professionals operating within the maritime domain. The Association is committed
to among other objectives, developing the appropriate sound security standards,
guidelines and practice and promote professional conduct in all aspects of the
maritime security domain.
120 To achieve the set out goals, the Association issued
116 ISO 28007-1, Article 1.
117 ISO does not carry out certification. Rather the standards developed are utilized by external
certification bodies who are usually accredited by the International Accreditation Forum. For an in
depth discussion on the ISO and its potential to generate legal consequences, see Carreira Da
Cruz (2017).
118 ISO 28007-1, Article 1.
119 Williams (2014), p. 352; BIMCO Circular 5/12.
120 For more information on the mission and of the association visit http://iamsponline.org/.
194
O. A. Eruaga