DEMARCHE REQUEST: ARMS/SECURITY TEAMS ABOARD MERCHANT

UNCLAS STATE 045331 SIPDIS PLEASE PASS TO DHS OR COAST GUARD LIASON E.O. 12958: N/A TAGS: EWWT KHLS ASEC KOMC MARR PARM PREL PHSA SUBJECT: DEMARCHE REQUEST: ARMS/SECURITY TEAMS ABOARD MERCHANT VESSELS ¶1. This is an action request. Please see paragraphs two and five. -------------- SUMMARY -------------- ¶2. Posts in or responsible for the following countries/entities are requested to demarche host governments on their laws/restrictions regarding armed security teams/weapons: Sudan, Yemen, Djibouti, Oman, Kenya, Tanzania, Mozambique, South Africa. Other posts, particularly in the Gulf of Aden/Horn of Africa/Indian Ocean region are also asked to reply and all others may too as information becomes available. NB: Embassies are requested to coordinate all responses for their host country. Given number of host country agencies involved in the issue, nominated posts and those in the Gulf of Aden/Horn of Africa/Indian Ocean are asked to provide at least an initial response no later than May 12. Additional information can be provided later. END SUMMARY -------------- BACKGROUND -------------- ¶3. Under the International Ship and Port Facility Security Code of the International Maritime Organization, the U.S. Coast Guard is responsible for setting standards for security of U.S. flag merchant vessels. As a result of an increase in pirate and other criminal activities affecting shipping off the Horn of Africa in general, and the Maersk incident in particular, the Coast Guard is reviewing its guidance and requirements for U.S. flag vessels. Some of the options under consideration would result in the carriage of weapons and ammunition aboard U.S. flag vessels. Given the nature of maritime transportation, the deployment of weapons and ammunition aboard U.S. flag vessels would affect operations not only in the Gulf of Aden/Horn of Africa, but potentially globally depending on vessel and cargo routing. This issue is critical to Africa in particular, because most U.S. flag vessels are carrying humanitarian aid to the region and their ability to fend off piracy and other criminal acts directly affects their ability to continue this important mission. END BACKGROUND -------------- DEMARCHE TEXT -------------- ¶4. The U.S. Government is contemplating additional security measures which may include deployment of weapons and ammunition aboard U.S.-flagged merchant vessels operating in high risk waters. We recognize the need for U.S. flag merchant vessels and their crews to comply with host government laws when vessels arrive or depart foreign ports or when security teams for such vessels arrive or depart foreign airports. In order to determine what those laws may be, and share such information with U.S. industry interests, your response to the following questions would be appreciated: -- 1. If a vessel were to employ an armed security team onboard to prevent pirate attacks, or if the crew were to have arms, would there be any restrictions or special procedures for a vessel entering or departing the port with weapons onboard? -- 2. If a vessel armed security team or vessel crew members were to enter the country with weapons via air carrier or other transporation mode in order to board an outbound ship, would there be any restrictions or special procedures? -- 3. Are the answers to questions (1) and (2) different if the security team is governmental or private? What if the armed personnel are vessel crew members? -- 4. Do your answers to these questions vary on whether the government security team is military or civilian? -- 5. What about anyone (pirate suspects) detained by such crews or armed security teams in territorial waters? What would national law dictate regarding disposition of said persons? -- 6. Which agencies within your government are responsible for such issues? If asked: Why is the U.S. considering armed sercurity of U.S. flag vessels? We recognize that in appropriate circumstances, armed security teams, operating in compliance with applicable coastal, port and flag state laws may be an effective deterrent to pirate attacks off the Horn of Africa. Additionally, some vessel operators and/or crews may wish to arm themselves for self protection. END DEMARCHE ¶5. Please advise to whom demarche delivered and provide a post point of contact for this issue. Coast Guard POC for this issue is Captain John Koeppen (John.F.Koeppen@uscg.mil). State Departent contacts are Jeffrey Frederick (frederickjd@state.gov) and Doris R. Haywood (haywooddr@state.gov). CLINTON