110 tal-2013 - Regolamenti tal-2013 dwar il-Liċenzjar ta’ Kumpanniji Privati għas-Sigurtà Marittima

L.N. 110 of 2013

ARMS ACT

(CAP. 480)

Licensing of Private Maritime Security Companies

Regulations, 2013

BY VIRTUE of the powers conferred by articles 40 and 65 of

the Arms Act, the Minister for Home Affairs has made the following

regulations:-

Part I

Preliminary

The title of these regulations is the Licensing of Private Citation.

Maritime Security Companies Regulations, 2013.

In these regulations unless the context otherwise requires

Interpretation.

"the Act" means the Arms Act;

"applicant" means an applicant for a licence under these

regulations;

"the Board" means the Private Maritime Security Licensing

Board constituted and appointed in accordance with regulation 7;

"Director" means the Director of Trade Services;

"firearm" and "ammunition" have the same meaning as assigned

to them in Schedules II and III of the Act;

"high risk area" means an area the Registrar General may from

time to time determine, lay down, prescribe, set or specify through the

issue of Merchant Shipping Notices and in so doing, and without

prejudice to the generality of the foregoing, the Registrar General

shall be guided by the circulars, clarifications, codes, decisions,

directives, guidelines, instruments, interpretations, manuals, notices,

publications, recommendations, regulations, resolutions, rules or any

other similar medium of the United Nations or any other body or

organisation with an appropriate knowledge or competence on the

subject matter;

"in writing" means printed, typewritten, or otherwise visibly

represented, copied, or reproduced, including by fax or email or other

electronic means;

"licence" means the Private Maritime Security Company

operational licence in accordance with regulation 3;

"licensee" means any person who holds a licence granted under

these regulations;

"officer of the customs" has the same meaning as assigned to it

in the Customs Ordinance;

"police officer" has the same meaning as assigned to it in the

Police Act;

"Private Maritime Security Company" or "PMSC" means

private contractors legitimately licensed to provide international

security personnel, both armed and unarmed, on board vessels for the

exclusive purpose of providing protection against piracy or armed

robbery at sea in the high risk area;

"Private Contracted Armed Security Personnel" or "PCASP"

means adequately trained armed personnel engaged, employed or

contracted by a PMSC engaged for the sole purpose of providing

additional protection against piracy or armed robbery at sea in the

high risk area;

"Registrar General" means the Registrar General of Shipping

and Seaman as provided under the Merchant Shipping Act, and

includes any person acting under his authority;

"Rules for the Use of Force" mean a written set of rules adopted

by a PMSC as part of its Standard Operating Procedures, comprising

of the conditions and limitations for the use of force by any PCASP

on board vessels in the high risk area in the face of a real or imminent

threat of piracy or armed robbery at sea, and which are consistent

with applicable international laws and standards, which may be in

force from time to time;

"senior members of management" means those persons

occupying key management roles within the PMSC as declared by the

applicant in accordance with regulation 9(a);

"Standard Operating Procedures" means a written document

comprising of the operational procedures and measures adopted by a

PMSC and adhered to by all its PCASPs on board vessels in the high

risk area and shall include the PMSC’s Rules for the Use of Force.

Part II

PMSC Operational Licence

(1)

No person shall carry out the business of a PMSC PMSC

Operational

without a licence granted under these regulations.

Licence.

(2) A licence to carry out business as a PMSC shall only be

granted under these regulations to a legal person incorporated under

the laws of Malta.

(1)

For the issue of every licence there shall be charged Annual licence

an application fee of two thousand and five hundred euro (€2,500) fee

and an annual licence fee of ten thousand euro (€10,000).

(2) The licence shall be valid for a period of four years; the

annual licence fee shall be paid or renewed, as the case may be, by the

31st January of each year.

By virtue of the licence granted under these regulations, Entitlements of

and notwithstanding the provisions of article 5 of the Act, the licensee the licensee.

shall be allowed to acquire, purchase, import, keep, handle, possess,

store, ship, export, transit, decommission or dispose of any firearms

or ammunition listed in Schedules II and III of the Act, for the

exclusive purpose of providing protection against piracy or armed

robbery at sea in the high risk area

Provided that the Board is notified in accordance with

regulation 10(1)(a)

Provided further that the acquisition, purchase,

importation, handling, keeping, possession, storage, shipping,

exportation, transit, decommission or disposal of the said firearms

and ammunition shall be carried out in accordance with any

applicable law and the licensee shall obtain any export or import

licence as may be required.

A licensee shall ensure that all of its firearms or Possession of

ammunition remain in the possession of the licensee’s employees or firearms

ammunition.

PCASP until they are decommissioned or disposed of

Provided that where the firearms or ammunition are either

in transit or in storage, they are in the possession of, or under the

supervision of, a person or persons legally authorized to transit or

store such firearms or ammunition.

PART III

Private Maritime Security Licensing Board

There shall be a Board to be known as the "Private

Maritime Security Licensing Board".

(2) The Board, which shall consist of six members, shall be

composed as follows

(a)

the Registrar General who shall act as the

Chairman of the Board;

(b)

a representative from the Police Force of Malta

who shall be appointed by the Minister responsible for the

Police for a term of three years;

(c)

a representative from the Department of Customs

who shall be appointed by the Minister responsible for Finance

for a term of three years;

(d)

a representative from the Ministry of Foreign

Affairs who shall be appointed by the Minister responsible for

Foreign Affairs for a term of three years;

(e)

a representative from the Trade Services

Directorate who shall be appointed by the Minister responsible

for Commerce for a term of three years;

(f)

a representative from the Security Services who

shall be appointed by the Minister responsible for the Security

Services for a term of three years.

(3) Where any member of the Board, as prescribed in sub-

regulation (2), cannot attend a meeting of the Board, the said member

shall, with the consent of the responsible Minister, immediately

appoint a substitute representative to attend the meeting in his stead.

(4) Where any vacancy in the Board occurs, another person

shall be appointed in accordance with the provisions of sub-

regulation (2), as soon as practicable, to fill the vacancy.

(5) The quorum for a meeting of the Board shall be all six

members or substitute representatives.

(6) Decisions of the Board shall be carried by a majority of

votes. The Chairman shall have an original vote and, where the votes

are equally divided, a second or casting vote.

(7) Any member of the Board or substitute representative may

be removed from office by the appointing Minister if, in the opinion

of that appointing Minister, such member or substitute representative

is no longer suitable to continue in office.

(1)

The functions of the Board shall be

Functions of the

Board.

(a)

to provide, upon the request of an applicant, the

relevant application documentation in accordance with

Schedule I or as the Board may prescribe from time to time;

(b)

to request an applicant to provide the Board with

those documents which the Board may from time to time deem

necessary in order for it to grant a licence in terms of regulation

9;

(c)

to issue licences in terms of these regulations;

(d)

to collect the fees which every applicant and

licensee may from time to time be required to pay;

(e)

to keep and maintain an up-to-date register of all

licensees together with all their relevant information in

accordance with regulation 10(4);

(f)

keep and maintain a public list of all names of the

pending applicants as well all the names of the licensee PMSCs,

in accordance with regulation 10(5);

(g)

to ensure that licensees do not contravene any of

the provisions of these regulations;

(h)

to approve secure storage facilities for the local

storage of licensees’ firearms and, or ammunition;

(i)

to keep under review the private maritime security

industry and the operation of the legislative framework;

(j)

to monitor the activities and effectiveness of

persons working in the industry;

(k)

to conduct inspections if and when necessary; and

(l)

to carry out any other function ancillary to or

connected with the functions listed in paragraphs (a) to (k).

(2) The Board may appoint any person or persons to carry out

on its behalf any or all of the functions listed in sub-regulation (1).

(3) All expenses associated with the administration of the

Board and licences issued under these regulations shall be financed

from the fees payable under these regulations.

(4) The Board shall at its discretion be empowered to impose

operative conditions on the licensee.

Before the Board may consider issuing a licence, the

applicant shall be required to provide the Board with the following

(a)

a duly filled application form containing the

applicant’s details including its company registration number,

registered address and a list of all the directors and senior

members of management, together with their details;

(b)

a certified copy of the passport and a clean police

conduct certificate for each of the applicant’s directors and its

senior members of management;

(c)

certified copies of the applicant’s certificate of

registration, memorandum of association and articles of

association;

(d)

a good standing certificate of the applicant

company;

(e)

the name and relevant details including passport

details and the address of residence of the individual who is

duly authorized to act as the legal representative for the

applicant;

(f)

the relevant addresses of the applicant from which

its commercial activities shall take place indicating all relevant

contact details and normal working hours.;

(g)

certified copies of the applicant’s insurance

policies issued by well-established insurers and evidencing that

the applicant has adequate insurance cover up to the amounts

recognized by international standards and practices as being

adequate to cover the potential liabilities and contractual

indemnities which the applicant may be exposed to during the

course of its operational business as a PMSC;

(h)

a certified copy of the applicant’s Standard

Operating Procedures, including the procedures to be followed

when the applicant wishes to dispose of any of its registered

firearms or ammunition when the applicant company either

terminates its services or when the applicant company is being

dissolved, together with a sworn declaration by the directors of

the applicant company stating that the said document is

consistent with the minimum applicable international laws and

standards;

(i)

the details of each PCASP employed, engaged, or

contracted by the applicant including his name, surname, age,

sex, date of birth, place of birth, nationality and passport

number, together with a curriculum vitae of each PCASP

evidencing that he has the necessary adequate qualifications,

training and past work experiences as well as a clean police

conduct certificate;

(j)

certified copies of documentation, if any, which the

applicant PMSC may have obtained from other jurisdictions to

handle, import, store and transport firearms and ammunition;

(k)

proof that the applicant has implemented a quality

management system or a risk management system as established

by any international accreditation body recognized by the

international shipping community as being competent to carry

out such accreditation;

(l)

where the applicant is a signatory to the

International Code of Conduct for Private Security Service

Providers, or to any other equivalent international convention or

instrument which may from time to time be applicable, proof

thereof together with a detailed compliance statement or

document evidencing that the applicant operates in compliance

with the said Code or other equivalent international convention

or instrument.

(1)

Each licensee shall

The Register

(a)

notify the Board within three working days of

every acquisition, import, export, storage, transit, transfer or

disposal including sale, loss, theft or decommission of any

firearm or ammunition belonging to the licensee and the details

thereof;

(b)

furnish the Board, should it so be required, with

sight of each contract of engagement entered into by the

licensee with another party to provide security personnel, both

armed and unarmed, on board ships for the exclusive purpose of

providing protection against piracy or armed robbery at sea in

the high risk area;

(c)

notify the Board with the details of every new

PCASP employed by or contracted by each licensee and furnish

the Board with all the information and documentation required

in regulation 9(i);

(d)

furnish the Board, should it so be required, with

sight of each contract of employment or engagement entered

into by the licensee with any PCASP to serve as security

personnel, both armed and unarmed, on board ships for the

exclusive purpose of providing protection against piracy or

armed robbery at sea in the high risk area;

(e)

notify the Board when a PCASP ceases to be

employed, engaged or contracted by the licensee;

(f)

notify the Board with copies of any export or

import authorization obtained for any of its firearms or

ammunition;

(g)

notify the Board with a detailed report drafted by

the directors of the company whenever there is any incident on

board a vessel regarding a PCASP employed, engaged or

contracted by the licensee, together with all the relevant

documentation related thereto;

(h)

furnish the Board with any other additional

information which the Board may require from time to time.

(2) (a)

Notification shall be made in writing and shall be

deemed effected upon receipt.

(b)

Notification pursuant to sub-regulation (1)(a) shall

be made in the form prescribed in Schedule II.

(c)

Notification pursuant to sub-regulation (1)(c), (e),

(f) and (g) shall be made in the form prescribed in Schedule III.

(3) (a)

Where a licensee fails to notify the Board in

accordance with sub-regulation (1)(a), or fails to notify the Board

within the prescribed time limit, the licensee shall be liable to a fine

(multa) of one thousand and five hundred euro (€1,500) for every

firearm or ammunition involved.

(b)

Where a licensee fails to notify or furnish the

Board with any of the information provided in sub-regulation (1)(b)

to (h), the said licensee shall be liable to a fine (multa) of one

thousand euro (€1,000) for every notification which was not duly

made.

(4) The Board shall keep all the information provided by each

licensee in a register which is to be kept and maintained by the Board

and which shall not be made available to the public.

(5) The Board shall also keep and maintain a list of all names

of the pending applicants as well all the names of the licensee

companies, which list shall be made available to the public.

(1)

The Board may carry out periodical checks, at its Power to carry

own discretion, in order to verify that a licensee continues to fulfill out checks.

the requirements of these regulations.

(2) Where the Board is not satisfied with the findings resulting

from its periodical checks, it may require a licensee or any director or

employee thereof to attend before it, at such time and place as it may

specify, to answer questions and provide information and

documentation with respect to the operations of that licensee.

(3) A licensee or any director or employee thereof shall be

obliged to provide such information or documentation which the

Board may request in terms of sub-regulation (2).

(4) The Board may request assistance from the Police to carry

out or to assist in the carrying out of any checks or interviews in

accordance with this regulation.

(1)

It shall be at the discretion of the Board to suspend, Suspension or

withdrawal of

revoke, cancel or annul any licence issued where the licensee

licence.

(a)

no longer satisfies the conditions laid down in

regulation 9; or

(b)

has failed to supply or has supplied incorrect

information to the Board; or

(c)

has breached any of the conditions of the licence;

or

(d)

has committed serious or repeated infringements of

these regulations.

(2) The decision to suspend, revoke, cancel or annul any

licence issued shall immediately be notified to all the relevant local

authorities, and those foreign authorities which, as a result of the

notification obligations of the licensee under regulation 10, become

known to the Board.

(3) Any decision to suspend, revoke, cancel or annul any

licence issued shall also immediately be noted in the public list

published in accordance with regulation 10(5).

Every licensee shall immediately inform the Board of any

changes or amendments to any information previously furnished to

the Board.

(1)

A person who is or was at any time a member of

the Board or a substitute representative appointed in terms of

regulation 7(3) shall not, save in the course of his duty or functions

under these regulations or any other law, or as obliged by a court of

law, directly or indirectly communicate any information that came to

his knowledge as a consequence of his holding that appointment or

position.

(2) Where there is a request made by any government

department or authority to the Board for information regarding a

licensee or any of its activities, the Chairman of the Board may, after

due consideration, permit such information to be communicated.

(3) Without prejudice to any other liability under any other

law, any person who acts in breach of sub-regulation (1) shall be

liable to a fine (multa) of not less than twenty-five thousand euro

(€25,000).

Part IV

Storage of firearms and ammunition

Notwithstanding the provisions of the Act and of Part IV

of the Customs Ordinance, any firearms and ammunition acquired by

a licensee and imported or re-imported into Malta, whether by sea or

by air, shall upon entry or re-entry into Malta be stored in bonded

warehouses under the authority of the Department of Customs or in

any other secure storage facility as approved in accordance with

regulation 8(h)

Provided that firearms and ammunitions belonging to a

licensee may upon entry or re-entry into Malta be subject to any

checks or inspections carried out by any duly authorized officer of the

customs or a police officer in accordance with the provisions of any

other law.

Part V

Exportation of Firearms and Ammunition

(1)

Whenever a request is made to the Director to Exportation of

export any firearms or ammunition where a licensee is named as the firearms

ammunition.

end-user in terms of the Military Equipment (Export Control) S.L. 365.13

Regulations, the said licensee shall inform the Board of such request

in accordance with regulation 10(1)(a).

(2) Where the request referred to in sub-regulation (1) is made

to the Director, the Director shall consult with the list published in

accordance with regulation 10(5) to confirm that the end-user is duly

licensed under these regulations.

(3) Where authorization from the Director is granted for such

a request, the Director shall also inform the Board and the licensee of

such authorization.

(4) Where authorization from the Director is refused for such a

request, the Director shall inform the Board and the licensee of such

refusal together with the reasons for such refusal.

(5) Any request for the exportation of any firearms or

ammunition made where a Maltese legal person, other than a licensee,

is named as the end-user shall be refused by the Director.

(6) Where the Director has been notified of any suspension,

revocation, cancellation or annulment of a licence in terms of

regulation 12(2), the Director may suspend, revoke, cancel or annul

any export authorisations granted in respect of that licence.

(7) Nothing in this regulation shall affect the application of

existing laws relating to the ability of foreign legal persons to export

firearms or ammunition under the Military Equipment (Export S.L. 365.13

Control) Regulations.

When an export authorization is granted by the Director, Expiration of

where a licensee is named as the end-user in terms of the Military licence.

Equipment (Export Control) Regulations, the said export

authorization shall expire upon the expiration of the licence granted

to the licensee under these regulations.

Any firearms and ammunition belonging to a licensee may Checks and

upon export or re-export into Malta be subject to checks and inspections

upon export or

inspections carried out by any duly authorized officer of the customs re-export.

or a police officer in accordance with the provisions of any other law.

The provisions of the Exportation of Arms and

Ammunitions Regulations shall not apply to exports of any firearms

or ammunition where a licensee is named as the end-user.

Part VI

Private Contracted Armed Security Personnel

In terms of article 40 of the Act, PCASP employed,

engaged or contracted by any licensee, shall be exempt from the

prohibitions contained therein subject to the limitations laid down in

these regulations.

The provisions of the Private Guards and Local Wardens

Act shall not apply in respect of any foreign PCASPs employed,

engaged or contracted by any licensee.

Part VII

Common Provisions

(1)

Nothing in these regulations shall exempt any

person from any requirement to obtain any other permit, authorization

or licence, howsoever described whether in Malta or outside Malta, as

may be necessary under any other law regulating the acquisition or

carriage of firearms or ammunition to which these regulations apply.

(2) Nothing in these regulations shall be construed as

exempting or absolving any person from complying with any other

laws, whether in Malta or outside Malta, which may be applicable

during the carrying out of the activities of the licensee.

(3) Nothing in these regulations shall be construed as

exempting or absolving any person from complying with any other

regulations or any decisions, howsoever described, that the Minister

may from time to time make or issue, as the case may be.

Schedule I

Application Form for a PMSC Operational License

Name of Applicant Company

Company Registration Number: ....................................................................

Registered Address

Any other address (apart from the registered address) where the Applicant

Company carries out commercial business, indicating also all relevant contact

details and normal working hours of such premises

1.

2.

3.

4. Name, passport number and address of the Directors of the Applicant Company

1.

2.

3.

4. Name, passport number and address of senior members of management

1.

2.

3.

4. Name, passport number and address of duly authorized legal representative/s of the

applicant company

1.

2.

3.

4. Any other details/information

1.

2.

3.

4. Tick Box

Documents Attached to Application

Attached

Certified copies of passports of directors

Certified copies or original police conduct certificate of directors

Certified copies of passports of senior members of management

Certified copies or original police conduct certificate of senior

members of management

Certified copies of a Certificate of Incorporation, the

Memorandum of Association and Articles of Association

A good standing certificate for the Applicant Company, or

equivalent document

Certified copies of all the applicant company’s insurance policies

Copy of the applicant company’s Standard Operating Procedures,

including the company’s Rules for the Use of Force, together with

the sworn declaration by the directors of the company

Details and information on each PCASP employed, engaged, or

contracted by applicant company and copies of their curriculum

vitae

Documentation, if any, which the applicant company may have

obtained from other jurisdictions to handle, import, store and

transport firearms and ammunition

Proof, where applicable, that applicant company is a signatory to

the International Code of Conduct for Private Security Service

Providers, or any other equivalent international convention or

instrument

Any other document (please specify)

Schedule II

Notification Form in terms of regulation 10(1)(a)

Name of Licensee Company

Company Registration Number: .............................................................................

Notice being given following a

a.

Acquisition



b.

Import



c

Export





d.

Storage



e.

Transit



f.

Transfer



g.

Disposal



h.

Other (please specify)

of a firearm/ammunition in accordance with regulation 10(a).

Date of above transaction

Detailed description of above transaction: ...............................................................

Details of firearm / ammunition (including serial numbers and relevant export

licence number where applicable): ...........................................................................

Any other relevant information: ...............................................................................

Date of notice: ........................................

Person giving notice: ..................................................................................

Official designation within the Licensee Company: ..................................

Contact details of person giving notice: ....................................................

Schedule III

Notification Form in terms of regulation 10(1)(c), (e), (f) and (g)

Name of Licensee Company

Company Registration Number: .............................................................................

This Notice being given for the following reason/s

Detailed description of above transaction

Any other relevant information

Is any documentation being attached hereto? YES  NO . If yes, please

specify what documents are being attached.

Date: ....................................................

Person giving notice: ...........................................................................

Official designation within the Licensee Company: ...........................

Contact details of person giving notice: .............................................

€1.44