GENERAL AUTHORISATION (PROTECTIVE SECURITY MEASURES ON BOARD SHIPS) REGULATIONS

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

SUBSIDIARY LEGISLATION 480.04

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

REGULATIONS

1st June, 2011 *

LEGAL NOTICE 19 of 2013.

Part I

Preliminary

The title of these regulations is the General Authorisation

(Protective Security Measures on board Ships) Regulations.

General Authorisation for Firearms and Ammunition

on board Maltese Ships

1. This Schedule shall apply to Maltese ships when

navigating or operating or planning to navigate or operate in a High

Risk Area

Provided that paragraph 2 shall not apply when a Maltese

ship calls within Maltese territorial waters.

2. In terms of article 40 of the Arms Act, PCASP are exempt

from the prohibitions contained therein subject to the limitations

laid down in these regulations.

3. (1) To protect a Maltese ship against acts of armed robbery

and piracy, the company, in consultation with the master, may

request the Registrar General to consider its decision for the

placement of PCASP on board.

(2) The request for the said authorization shall be accompanied

by such information as may be prescribed by the Registrar General

from time to time through the issue of Merchant Shipping Notices.

(3) Before PCASP are employed on board a Maltese ship

pursuant to sub-paragraph (1), the company shall obtain an

authorization from the Registrar General.

4. (1) The company shall establish procedures for the

placement of PCASP on board, and for the storage of firearms and

am m u n i t i o n a n d r e l a t e d e q u i p m en t i n a c c o r d a n c e w i t h t h e

requirements laid down in these regulations.

(2) The development of these procedures shall always have

regard to the effect that PCASP may have on the ship’s personnel.

Particular consideration shall be given to the safety of the ship’s

personnel and to their ability to maintain their effectiveness.

(3) The company shall ensure the effective coordination and

implementation of the procedures referred to in sub-paragraph (1).

(4) The company shall ensure that shipboard personnel having

specific security duties and responsibilities shall understand their

responsibilities described in the procedures and shall have

sufficient knowledge and ability to perform their assigned duties.

(5) The PCASP on board shall be at all times under the

command of the master.

(6) The PCASP shall, upon embarkation, complete crew

familiarization and be trained to be familiar with the arrangements

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

of the ship including the ship procedures for their placement on

board.

(7) The company shall ensure at all times that the placement of

PCASP on board is in accordance with the terms and conditions

prescribed on the authorization issued by the Registrar General and

is in compliance with all statutory requirements prescribed in the

Merchant Shipping (Safety Convention) Rules.

5. (1) All firearms and equipment are to be accompanied by

all required documentation necessary for their legitimate use by the

PCASP. Documentary evidence shall be made available as and

when required.

(2) Firearms shall be stored, at all times, in a safe manner in

accordance with procedures established by the company.

(3) Firearms and ammunition are not to be handled by the

ship’s crew or anybody else other than the PCASP.

(4) The company shall ensure that a register is kept of the

fi re arm s i n di ca ti ng m ake , t y pe an d se ri al n u m be r an d al so

indicating ammunition loaded onto or unloaded from the ship. Any

discrepancies in firearms and, or ammunition shall be accounted for

in the register.

(5) The testing and zeroing of firearms may only be carried out

in international waters and with the permission of the master.

(1)

In these regulations, unless the context otherwise

requires

"company" means a company as defined in regulation IX/I of the

International Convention for the Safety of Life at Sea, 1974, as

amended;

"High Risk Area" means an area as 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

U n i t e d N a t i o n s o r a n y o t h e r b o d y o r o rg a n i s a t i o n w i t h a n

appropriate knowledge or competence on the subject;

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

to them in article 2 of the Arms Act;

"Maltese ship" has the same meaning as assigned to it in article

3(1) of the Merchant Shipping Act;

"the Minister" means the Minister responsible for the Police;

"Private Maritime Security Company" or "PMSC" means private

contractors legitimately licensed to provide security personnel,

both armed and unarmed, on board ships for protection against

piracy or armed robbery;

"Privately Contracted Armed Security Personnel" or "PCASP"

means armed employees of PMSC placed on board a ship for the

sole purpose of providing additional protection against piracy or

armed robbery;

"Registrar General" means the Registrar General of Shipping and

Seamen as provided under the Merchant Shipping Act, and includes

any person acting under his authority;

*see regulation 1(2) of these regulations as originally promulgated.

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

"territorial waters" means all parts of the open sea within twelve

nautical miles of the coast of Malta, or such other distance as may

be established under article 3 of the Territorial Waters and

Contiguous Zone Act, measured as in that Act provided, and

includes any waters enclosed between the base lines therein

mentioned and the coast;

"testing and zeroing" means any activity involving the firing of

shots to test a firearm, as well as any activity whereby the firearm’s

sight-setting is adjusted.

(2) In these regulations the term "license" shall include a

reference to a license issued in a jurisdiction other than Malta.

Part II

General Provisions

(1) The Schedule to these regulations establishes the

general authorization for the carriage and use of firearms and

ammunition on board Maltese ships, by a PCASP authorized to

have in his possession, or under his control, firearms and

ammunition licensed to a PMSC

Provided that any person to whom these regulations apply

shall in all instances comply with any requirements stated in these

regulations and as may apply from time to time to the firearms and

ammunition covered by the general authorization.

(2) Any PCASP availing himself of a general authorization in

respect of any firearm or ammunition to which these regulations

apply, shall comply at all times with any decision, howsoever

described, made by the Minister in relation to the possession or

carriage or use on board a Maltese ship of such firearm or

ammunition.

(3) The general authorisation, applied under this regulation to

PCASP placed on board a Maltese ship, is for the carriage or use of

a firearm listed in Schedules II and III of the Arms Act, for

purposes considered necessary in the public interest or for the

protection of life and security of persons.

(4) The application of a general authorisation to any person in

respect of any firearm to which these regulations apply shall not be

construed as authorizing the misuse of such firearm and the

Government of Malta, including its ministers, officials, employees

and government entities shall not be held responsible for any

misuse or alleged misuse of such firearm;

(1) Nothing in these regulations shall exempt any person

from any requirement to obtain any other permit, authorisation 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 or any decisions, howsoever described, that the Minister may

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

from time to time issue.

The Minister may require any person to provide him with

any information regarding any PCASP who is in possession of or

uses firearms or ammunition, in relation to the placement of the

PCASP on board a ship.

(1) When necessary to prevent or protect the ship and its

crew against acts of piracy and armed robbery, the master shall be

permitted to decide to employ force subject to the limitations laid

down in international law. Any person on board shall be obliged to

comply with instructions given by the master.

(2) The arming of firearms and the implementation of

procedures for the use of force shall be approved by the master in

each individual case. Each PCASP shall be responsible for ensuring

that use of force and firearms complies with these regulations.

(3) The use of force and firearms shall only be permitted

against a threat which is direct, immediate, significant and

otherwise unavoidable and shall be avoided wherever possible.

(4) In the event of use of force and firearms, such use shall be

reasonably proportionate in view of the scope of the threat and the

conditions at the time of the threat.

(5) Aimed shots with the objective of rendering a person

harmless may only be fired when other less forceful means, such as

verbal warning and the firing of warning shots, have failed to

render the threat harmless, or in situations where recourse to less

forceful means is not warranted in view of the imminent and

immediate threat being faced by the ship and the persons on board.

It shall be the duty of the company and the master to report

to the Registrar General any attack sustained by a Maltese ship.

The report shall describe the incident and detail the persons

involved and the use of force, including firearms, if any.

GENERAL AUTHORISATION (PROTECTIVE

SECURITY MEASURES ON BOARD SHIPS)

It shall be the duty of the company which has assumed the

operation of the ship and of the master to ensure compliance with

the provisions of these regulations.