India had raised the issue of floating armories in the Indian Ocean region at the recent annual Sri Lanka-India Defense Dialogue in New Delhi. As per the minutes of the meeting, the Indian Defense Secretary highlighted India’s concern over the existence of a large number of Private Maritime Security Companies (PMSCs) to counter piracy.
Foreword by IndraStra Global Editorial Team
On November 9, 2015, the Sri
Lankan Law and Order Minister, Tilak Marapana, resigned, after some influential
fellow ministers vehemently opposed his decision not to pursue a high profile
case against Avant Garde Maritime Services Ltd., (AGMSL), a controversial
company which maintains a floating armory and supplies weapons and Sea Marshals
to vessels plying in pirate infested areas of the Indian Ocean.
India had raised the issue of floating
armories in the Indian Ocean region at the recent annual Sri Lanka-India
Defense Dialogue in New Delhi. As per the minutes of the meeting, the Indian
Defense Secretary highlighted India’s concern over the existence of a large
number of Private Maritime Security Companies (PMSCs) to counter piracy. He
said that in the absence of a regulatory mechanism, unlawful use of these
armories cannot be ruled out. The Lankan Defense Secretary said that his
government is reviewing the existing regulations and assured that India’s
concerns will be adequately addressed.
India has had a couple of bad experiences
with foreign Sea Marshals. The killing of two Kerala fishermen by Italian
Marines guarding a commercial vessel had triggered a diplomatic row between
India and Italy.
In 2012, the UN Monitoring Group on Somalia
and Eritrea highlighted concerns over the safety and security of floating
armories, citing the lack of national and international regulations. The Group
stated:
This new and
highly profitable business for PMSCs is uncontrolled and almost entirely
unregulated, posing additional legal and security challenges for all parties
involved.
It is over three years and yet there exists no international regulation and but only limited national
regulation. As the floating armories are often moored in international waters,
they operate in a ‘legal grey area’ with, in some cases, the only regulation
coming from the states that register the vessels (the flag states). There are
at least 3 states (Djibouti, Mongolia, and St Kitts and Grenadine) that give
explicit approval for vessels to operate as floating armories. Other states do
have some regulation regarding the carrying of weapons on board ships but it
mainly relates to PMSCs rather than floating armories specifically.
Hereby, we are enclosing an abridged report on the so called unregulated "Floating Armories", provided by one of the leading security consulting and research organizations from UK. For more detail, check the footnote after the reading.
Floating Armouries - Implications and Risk
By Omega Research Foundation
Introduction:
Floating armories are vessels used to store
weapons, ammunition, and related equipment such as body armor and night vision
goggles. They also provide other logistics support including accommodation,
food and medical supplies storage for Private Maritime Security Companies (PMSCs) engaged in vessel protection. They
are typically commercially owned vessels, often anchored in international
waters. The term “logistic support vessel” is sometimes used by the industry
when referring to floating armories. However as the primary function of these
vessels is to facilitate the storage and provision of weapons we believe the
term floating armories is more appropriate.
Floating armories are not purpose built
vessels but ships that have been converted and retrofitted. The armories
include ships that were previously offshore tugs, anchor handlers, research
vessels, patrol boats and a roll on-roll off ferry. For example, the MV Sea
Patrol currently used as a floating armory was originally a navy de-mining
ship and there is an advertisement for the sale of a ship that was recently
used for hydro-graphic and survey activities but which it would be “ideal” as
an armory. There is no requirement for floating armories to have
standardized secure storage such as strong rooms in the hull of the ship.
The
Operators:
One company may own and/or run several
floating armories as well as other storage facilities. The company concerned, Avant Garde Maritime Services, runs a range
of storage facilities and rents weapons, ammunition and body armor to private
security contractors. It currently operates 3 floating armories, strategically
placed in 3 key locations around the High Risk Area (HRA) .These provide
storage facility of firearms owned by both PMSCs and the government of Sri
Lanka as well as accommodation for sea Marshals.
Avant Garde’s floating armories are currently
located in the Gulf of Oman off the coast of Fujairah, in the Red Sea and in
Galle off of the coast of Sri Lanka.Weapons and other equipment may be
embarked or disembarked at any of the armories. The company also has
facilities for weapons storage on the routes shown on the map (below) and also
offers a range of additional services including sea marshals and training on
the use of weapons. Weapons and ammunition may be rented from official stocks
of the Government of Sri Lanka or operators may use the facilities to store
their own weapons.
Information on which companies operate
floating armories is difficult to access and data remains incomplete.
Companies operating floating armories include:
- Avant Garde Maritime Services (PVT) Ltd who operate 3 armories on the authorization of the Sri Lankan Government; MV Mahanuwara off the coast of Sri Lanka, MV Sinbad in the Gulf of Oman (along with Sinbad Navigation) and the MV Avant Garde in the Red Sea .
- Sinbad Navigation also appears to run its own floating armory, MV Antarctica Dream, in the Red Sea.
- The Government of Djibouti has authorized Sovereign Global UK to operate 2 floating armories; the MV Aladin in the Gulf of Oman and the MV Sultan in the Red Sea.
- MNG Maritime operates 2 floating armories: MV MNG Resolution and the MV Sea Patrol.
- Drum Cussac have a UK license to operate floating armories, they reportedly operate an armory on the MV Sea Lion.
- In addition the American company AdvanFort operates a floating armory aboard MV Seaman Guard Ohio – which is currently impounded by the Indian authorities.
The main concentration of the armories is in
the Red Sea, Gulf of Oman and the Indian Ocean. The current security situation
in the Gulf of Oman and the Indian Ocean makes this the current focal point for
armories but this may change, especially in relation to the increase in the
number of attacks on shipping off the west coast of Africa and in South East Asia.
Floating armories are located at either end of the piracy affected zone,
allowing operators to both pick up and drop off weapons outside the HRA and
also out of territorial jurisdiction.
Recommendations made by the Omega Research Foundation in their report on "Floating Armouries":
Recommendation #1:
A central registry system must be
established, listing the names and registration numbers (IMO number) of the
floating armories as well as other pertinent information such as flag state
and operator.
Recommendation #2:
In the case of a PMSC or
armory operator going into administrative process, there should be a mechanism in place to
ensure that any weapons and ammunition are securely stored and subsequently
destroyed.
Recommendation #3:
Standards governing
floating armories should be introduced by Flag States. We recommend that
floating armories are flagged to an appropriate state.
Recommendation #4:
Governments who have given permission for
PMSCs to use floating armories immediately revoke permission for the PMSCs to
store weapons on armories flagged to either Paris MOU or Tokyo MOU black
listed countries.
Recommendation #5:
An interim measure should be deployed at all
operators of floating armories regarding the in receipt of ISO 28000 and
ISO/PAS 28007 certification.
Recommendation #6:
Strict regulations relating to record keeping
must be developed and enforced and any transgression of the regulations is
investigated and perpetrators prosecuted.
Recommendation #7:
The IMO or other
international body must establish a regulatory authority to regulate, monitor
and inspect floating armories and the activities of their operators.
Recommendation #8:
Insurance companies should
seek mandatory declarations from vessel owners and request proof from PMSCs
that they are not using unlicensed floating armories to store their weapons
and they hold the correct licenses for any weapons they possess.
Recommendation #9:
Any international register
of floating armories must contain the information detailing the insurer of the
vessel.
Recommendation #10:
The country that is licensing
the arms transfer should develop a certification process to ensure that PMSCs
have the necessary documentation to use and carry arms and ammunition.
Recommendation #11:
Any international
register of floating armories must contain the information on the number of
weapons and quantity of ammunition permitted to be stored on board.
Conclusion:
There is no doubt that the deployment of
armed guards on board merchant vessels has led to a significant reduction in
the number of ships that have been hijacked. In addition the growth in floating
armories has enabled countries to reduce the use of land-based armories by
PMSCs, and has enabled PMSCs personnel to access the required logistical
support and equipment that they need to function effectively.
However, there is a worrying lack of
regulation regarding the operation and use of floating armories. There needs
to be coordinated international action, something that has to date been
lacking, resulting in piecemeal and disjointed government responses.
The current situation where some armories
are registered in their home country, registered voluntarily with the IMO
and/or SAMI and adhere to the (voluntary) ISO standards whilst others do not,
is insufficient to deal with the issues raised by the proliferation of floating
armories. There is nothing to prevent any vessel being turned into an armory
in international waters, and if the flag state is a country with limited (or
no) controls over the storing and transfer of military equipment then such
vessels may operate with no oversight what-so-ever. Such vessels allow
companies whose operators may not be licensed to use or transfer weapons and
ammunition, to act with impunity. The growth of floating armories and lack of
oversight for such vessels is a worrying development.
A further issue is the lack of transparency
over the number of weapons and quantity of ammunition that may be stored or
moved between them. There is an urgent need for international agreement between
states on a minimum set of standards for such armories. Flag states, where
such vessels are registered, should incorporate a ‘benchmark’ set of
requirements over storage, security and record keeping for weapons on board
vessels that all operators should be required to meet. Given the range of
companies operating in the PMSC sector, the complex jurisdictional issues
relating to company registration and the large quantities of small arms and
light weapons licensed for use by such companies, targeting the armories
themselves, and the states under whose flag they sail seems to be the most
expedient way of ensuring that some type of oversight is exercised in the short
term.
The rise of such a significant number of
PMSCs and the persistent threat to commercial shipping means that floating
armories are likely to continue to be a feature of the modern response to
maritime security threats. Whilst such vessels may have originally been
deployed to the Indian Ocean, their mobility means that they are easily re-deployable
around the globe. An international response is required from the International
Maritime Organisation, or another body, with the task of monitoring all
floating armories and the companies that operate and use them.
About Omega Research Foundation:
The Omega Research Foundation is an
independent UK-based research organization. They are dedicated to providing
rigorous, objective, evidence-based research on the manufacture, trade in, and
use of, military, security and police (MSP) technologies.
The company
information detailed in this report is for illustrative purposes only and drawn
from information already in the public domain. The authors as well as the original publishers do not intend to
imply that any companies named in this report have committed any wrongdoing nor
behaved in an improper manner.
______________________________
Publication Details:
This article is an excerpt taken from a report published by the Remote Control
project, December 2014 under a Creative Commons license. Download the Complete Report - LINK
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