Global Marine Security – GLOMARSEC

Statements of Fact
International Maritime Organization MSC.1/Circ. 1443 of 25 May 2012

Global Marine Security, LLC (hereinafter GLOMARSEC), in reference to the International Maritime Organization MSC.1/Circ. 1443 of 25 May 2012 “Interim guidance to Private Maritime Security Companies providing Privately Contracted Armed Security Personnel on board ships in the High Risk Area”; makes the following statements of fact:

General

  • GLOMARSEC is a Limited Liability Company organized under the laws of the State of Florida, Document Number: L12000115979.
  • GLOMARSEC is owned and operated, in majority part, by Captain Frederick D. Mastin and Ernest W. Cathy, II.
  • GLOMARSEC is financially sound with no outstanding debt.  The bank of record is Wells Fargo Bank, NA
  • GLOMARSEC will provide full insurance cover of its employees and in particular cover third party risks.
  • GLOMARSEC is one of the few Private Maritime Security Companies with upper management consisting of a USCG licensed Unlimited Master, Oceans, with 20 years as Senior Panama Canal Pilot; joined by a U.S. Marine Corps Combat Veteran (Somalia) with 15 years of decorated Law Enforcement Officer service.  Additionally, the President and Vice President, Operations are joined by a past Senior Guard/Supervisor at the American Embassy in Kabul, Afghanistan and graduate of a multitude of specialized security and terrorism training schools with numerous awards in the security industry.
  • GLOMARSEC has an installed and working comprehensive quality standards systems and policy.  They will seek, an attain ISO-9000 certification during 2013.

Applicable Law

GLOMARSEC has an awareness and understanding of applicable laws of flag, port and coastal States with respect to the transport, carriage, storage and use of firearms and security-related equipment and the use of force. In particular GLOMARSEC has:
  • An understanding of applicable national laws with respect to the transport, carriage, storage and use of firearms and security-related equipment, noting that the approvals from the flag State will be obtained by the ship owners and ship operators and that the privately contracted armed security personnel engaged carry the required firearms license issued or endorsed by the flag State as prescribed; and
  • Access to competent maritime legal advice on a 24/7 basis, recognizing the complexity of applicable laws concerning the carriage and use of firearms and security-related equipment on board merchant ships.  GLOMARSEC utilizes the services of Hamilton, Miller & Birthisel, LLP with offices in Miami, Ft. Lauderdale, Tampa, Orlando, Kingston (Jamaica), and Saint Thomas (USVI).

Insurance Cover

GLOMARSEC will hold and maintain for the duration of the contract:
  • Public and employers liability insurance cover to an appropriate level and as required by the ship owner; and
  • Personal accident, medical expenses, hospitalization and repatriation insurance.
As firearms and other security-related equipment are to be part of the contracted plan, GLOMARSEC insures their personnel to carry and use firearms on such voyages for accident, injury and damage arising from the use of firearms and liability for any claim that might arise from the carriage and/or negligent or intentional misuse of firearms.
GLOMARSEC notes references in MSC.1/Circ.1405/Rev.2 on the vital need for ship owners, charterers and underwriters to review all provisions in their charters and policies to ensure adequate attention is paid to the questions raised with respect to the impact that deployment of privately contracted armed security personnel may have on the ship owner’s property and liability insurance cover.

Piracy Awareness

GLOMARSEC has a sound understanding of:
  • The changeable piracy situation in the HRA (High Risk Area);
  • The piracy threat in the region, military operations in the area, and the means to maintain current knowledge; and
  • The latest version of the Best Management Practices for Protection against Somalia Based Piracy (BMP) and, in particular, ship protection measures.
To that end, GLOMARSEC maintains an Operations Center with 24-hour/day monitoring of a multitude of reporting centers throughout the HRA and maintains computer and telephonic communication with their security teams aboard vessels.

Operational Competence

GLOMARSEC maintains the professional capability to carry out their role, which is the protection of persons on board and the ship against unlawful attack, using only that force which is strictly necessary and reasonable. GLOMARSEC provides documentary evidence, which includes:
  • Maritime (as opposed to land-based) experience;
  • Documented and implemented company procedures and policies for privately contracted armed security personnel operations including, but not limited to, communication, leadership, chain of authority, change in command (in the event, for example, of incapacity of the team leader), responsibilities in life saving;
  • A written policy on the procurement, transport, carriage, storage, embarkation and disembarkation and use of firearms in accordance with relevant legal requirements;
  • A written and clear policy on the rules for the use of force based on the consideration of several scenarios and providing a graduated response plan;
  • A documented, robust and auditable health safety security environment policy with regard to incident investigation; and
  • A process for post incident actions to support State authority investigations/prosecution will a formal investigation be required.

Selection and Vetting of Privately Contracted Armed Security Personnel

GLOMARSEC has verifiable, written internal policies and procedures for determining the suitability of persons to be deployed as privately contracted armed security personnel. We can provide documentary evidence demonstrating the suitability and effectiveness of our personnel selection and management procedures including, but not limited to:
  • Criminal background checks;
  • History of employment checks;
  • Military and law enforcement background checks, where applicable;
  • Record-keeping of medical, physical, and mental fitness of personnel (including regular drug and alcohol testing);
  • A verifiable system ensuring the continued suitability for employment of their personnel (ongoing vetting procedures); and
  • A record-keeping of relevant experience and specific certification in the use and carriage of any firearms and security-related equipment to be deployed including in the maritime environment.

Training of the Privately Contracted Armed Security Personnel Team

GLOMARSEC ensures that the privately contracted armed security personnel it employs receive and can demonstrate having received adequate and appropriate individual and collective training. Records of such training are maintained. GLOMARSEC can and will provide documentary evidence of the following:
  • Comprehensive, detailed and auditable records of training, both initial and refresher;
  • That the team leader has verifiable familiarity of the ship type and the particular route envisaged and in maritime security and protection;
  • That personnel are trained and qualified to documented company standards in the appropriate use of force which include the command and control relationship between the privately contracted armed security personnel and the Master of the ship;
  • That personnel are trained and competent with the specific firearms, ammunition and other related security equipment deployed on the ship;
  • That privately contracted armed security personnel are given medical training to a recognized national or international standard;
  • That personnel are given appropriate training and/or briefing specific to the ship type, where that ship will be operating and what legal/practical implications that might have for their deployment, and in the provisions of the International Ship and Port Facility Security (ISPS) Code, International Safety Management (ISM) Code and BMP.

Documentation Requirements

GLOMARSEC has in place systems for the provision of security identity documentation, travel documents, visas and all relevant licenses.

PCASP Team Size, Composition and Equipment

The size, composition and equipment of the privately contracted armed security personnel team will be discussed and agreed between the ship owner/ship operator and GLOMARSEC. GLOMARSEC has policies and procedures to determine the size, composition and equipment of the privately contracted armed security personnel team, taking into account, but not limited to:
  • An assessment of the ship’s security needs including factors such as the estimated duration of the ship transit, the size and type of ship, its speed and freeboard, the owner’s risk assessment, and the agreed duties of the team. The analysis will indicate the minimum number of persons that will form the security team, taking into account the need for continuity of protection in the event of injury and illness;
  • Ensuring a clear hierarchy and an appropriate skill/experience mix within the privately contracted armed security personnel team. The team leader will be competent in ship vulnerability and risk assessments, and be able to advise on ship protection measures. GLOMARSEC will have at least one team member qualified as team medic;
  • Ensuring that the privately contracted armed security personnel is provided with suitable equipment, taking into account the voyage risk assessment and discussions between ship owner and GLOMARSEC;
  • Ensuring the provision of appropriate firearms and capability to be employed in accordance with the applicable flag State requirements pertaining to the type, carriage and use of firearms by privately contracted armed security personnel. The choice of firearms is linked to the agreed need and the rules on the use of force as agreed between the ship owner, GLOMARSEC and Master;
  • Given the possibility of serious injury, ensuring the provision of enhanced medical equipment on board capable of managing gunshot wounds. Consideration is given to the lack of availability of regional medical assistance; and
  • Ensuring that privately contracted armed security personnel are equipped with suitable recording equipment (e.g. video cameras) to record and preserve evidence in the event of use of force, as practicable.

Command and Control

Global Marine Survey, LLC has a policy and procedures governing the command and control of privately contracted armed security personnel on board a ship, and ensure that the privately contracted armed security personnel are fully aware of them. In particular the policy and procedures contain:
  • A clear statement recognizing that at all times the Master remains in command and is the overriding authority on board, and an agreed procedure in the event of the Master being unavailable;
  • A clearly documented set of ship and voyage-specific governance procedures, inter alia, covering procedures for the conduct of exercises and real incidents;
  • A list of duties, expected conduct, behavior and documentation of privately contracted armed security personnel team actions on board; and
  • A transparent two-way information flow and recognizable coordination and cooperation between the ship owner, charterer, privately contracted armed security personnel, GLOMARSEC and the ship’s Master, officers and crew throughout deployment.

Management of firearms and ammunition from embarkation to disembarkation

GLOMARSEC will ensure that the privately contracted armed security personnel team manages firearms and ammunition responsibly at all times.  GLOMARSEC will be able to demonstrate that they have given full consideration to, and undertaken the following with due reference to MSC.1/Circ.1408/Rev.1:
  • Documented compliance with the applicable flag, coastal and port State legislation governing the provision, transport, carriage, storage and use of firearms and ammunition and security equipment from embarkation to disembarkation including ports at which the ship may call whilst the privately contracted armed security personnel team is on board. privately contracted armed security personnel will be able to prove that the actual inventory carried corresponds with all documented declarations including compliance with any applicable export/import licenses;
  • The provision of appropriate containers for firearms, ammunition and security equipment at the point of transfer to and from the ship, in full legal compliance with national jurisdiction and port State laws;
  • Documented standards and procedures for a complete inventory of all firearms, ammunition and security equipment available upon arrival on board the ship (inventory will detail make, model, caliber, serial number and company end-user certificate and proof of purchase of all firearms and accessories; and details of ammunition natures and amount);
  • Effective control procedures for separate and secure onboard stowage and deployment of firearms, ammunition and security equipment;
  • Clearly defined and agreed areas on board where firearms may or may not be carried, together with agreed protocols about the state of weapon readiness (for example unloaded and magazine off, magazine on and weapon “made safe” states) and what conditions would initiate a change in that state;
  • Detailed and exercised orders governing the conditions under which firearms may be loaded and made ready for use will be explicit in the PCASP contract to ensure the highest level of safety and to optimize operational efficiency in the event of an incident requiring use of firearms on board the ship;
  • The provision of safe areas (“loading bays”) for the loading/unloading of weapons;
  • A detailed policy for the accounting for of all ammunition at the time of embarkation and disembarkation from each transit, which will include a reconciliation of the inventory of both firearms and ammunition on embarkation and disembarkation,
  • A detailed policy and procedures for the zeroing of weapons to the individuals that will carry and possibly be required to use them throughout the transit of the HRA; and
  • A detailed policy and procedures for the routine maintenance of privately contracted armed security personnel firearms and a program for the formal inspection and servicing of weapons by a qualified armorer at least annually.

Shipboard Familiarization

GLOMARSEC will request assurances from the ship owner that the Master and crew have received familiarization with the role of the onboard privately contracted armed security team. Exercising of the crew with the privately contracted armed security personnel will occur during the ships voyage, prior to entering the HRA, to ensure that all involved understand their roles in completing counter piracy preventive measures and what is expected of them during an incident when the privately contracted armed security personnel is deployed and takes action against a pirate attack of the ship.
GLOMARSEC will ensure, in consultation with the ship owner and Master (subject to any additional requirements of the flag State), that the onboard team have received, as a minimum, shipboard familiarization training including life-saving, safety and fire-fighting requirements and communication protocols.

Use of Force

GLOMARSEC will recognize that laws governing the use of force may differ over time and according to location. The applicable national law, including any criminal laws, for an incident on a ship from which privately contracted armed security personnel will be operating will be principally that of the flag State. It may also include the laws and regulations of coastal, port and other States. The location of an incident and/or the nationalities of the ship, the companies and the individuals involved, including of GLOMARSEC, the privately contracted armed security personnel and others, will affect the determination of applicable law.
GLOMARSEC has a clear policy and guidance on the use of force and has issued specific rules to privately contracted armed security personnel operating for them on the use of force consistent with this guidance (rules on the use of force). These rules reflect applicable law. The rules are routinely reviewed and if necessary adjusted.
GLOMARSEC will ensure that privately contracted armed security personnel operating for them have a complete understanding of, and fully comply with, the applicable laws governing the use of force. In particular, it will ensure that privately contracted armed security personnel understand that:
  • They will act according to these applicable laws in the knowledge that their role in regard to the above is exclusively for the protection of life of persons on board and the ship from armed pirate attacks;
  • All reasonable steps will be taken to avoid the use of force and, if force is used, that force will be used as part of a graduated response plan, in particular including the strict implementation of the latest version of BMP;
  • The use of force will not exceed what is strictly necessary and reasonable in the circumstances and that care will be taken to minimize damage and injury and to respect and preserve human life; and
  • Privately contracted armed security personnel will only use firearms against persons in self-defense or in defense of others.
An agreed plan of gradual response for use of force, including warning procedures, will be documented, and signed prior to embarkation by all relevant parties, including the ship owner, the Master of the ship and GLOMARSEC. The plan will include a description of the roles of the Master and the privately contracted armed security personnel team leader.
GLOMARSEC will, in consultation with the ship owner, ensure that:
  • Both the Master and the privately contracted armed security personnel team have had the rules for the use of force explained to them;
  • The Master and the privately contracted armed security personnel team understand and agree the conditions governing when and how the decision to invoke the rules for the use of force is made, and by whom; and
  • The Master and the privately contracted armed security personnel team sign an undertaking that they have read and understood the rules for the use of force.

Reporting and Record-keeping

GLOMARSEC will ensure that the privately contracted armed security personnel team leader maintains a log recording every incident in which firearms are deployed, to be acknowledged by the Master. Such incidents will be documented in detail in the form of a piracy report. A record will also be made of every instance when a weapon is discharged for any reason other than in self-defense, for example, training or accidental discharge.
GLOMARSEC will ensure that a formal written report of each incident involving the use of force, to be forwarded to the ship owner/ship operator, is made by the privately contracted armed security personnel team leader and acknowledged by the Master. This report may include:
  • Time and location of the incident;
  • Details of events leading up to the incident;
  • Written statements by those involved in the incident from the privately contracted armed security personnel team;
  • Injuries and/or material damage sustained;
  • Lessons learned from the incident and, where applicable, recommended procedures to prevent recurrence; and
  • Documentation of any tests, including drug or alcohol tests, taken during the investigation of the incident.