Loss Prevention Advice
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Malaysia, Indonesia and the Philippines have welcomed the success of a 2017 agreement to carry out joint patrols and share intelligence about activities in waters in their region, which was once prone to kidnappings and pledged to enhance the pact.
As part of the agreement, the three nations also set up maritime command centres to collect information and coordinate patrols. According to Hishammuddin Hussein, Malaysia’s Defence Minister, the success of the joint patrols was showcased by the fact there were no kidnapping cases in the waters last year.
We would like to emphasise that the TCA has been, and is, crucial in acting as a deterrent against crime-terror acts in the Sulu and Sulawesi seas
he said, saying that proof of its success is the zero incident of kidnapping-for-ransom reported in the year 2021. Before that ReCAAP ISC had informed that there were 10 attacks and six attempted attacks in the Sulu-Celebes Seas in 2016. This had made experts describe the waters as the world’s fastest growing piracy hotspot.
For this reason, the three countries are expected to move forward the deployment of a permanent Trilateral Maritime Patrol Liaison Officer in each country’s maritime command centre to exchange information and monitor and implement maritime and air surveillance.
The ministers also agreed to meet about the TCA at least once a year and to increase the three countries’ overall presence at sea.
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The Annual Report 2021, demonstrating that the global maritime security picture in 2021 was defined by an ever-increasing complex web of threat actors.
Indian Ocean
Since the end of 2012, incidents of piracy within the northern Indian Ocean have gradually given way to complex geopolitical narratives. 2021 saw another year of commercial operators contending with the risks of operating within an environment that is broadly defined by state based or state backed threats against shipping.
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Russia has introduced Government Decree No. 311 of 9 March banning the export of, inter alia, a number of goods. The risk of ships with a connection to Western European states being detained and confiscated in Russian ports has increased.
The Norwegian Maritime Authority knows that ships have been detained in Russian ports. So far, this has not involved ships flying the Norwegian flag.
When planning to call at a port in Russia, it is important to consider the content of the mentioned Decree, as well as the risk of being selected for a port State control inspection, and possibly detention.
Shipping companies should exercise extreme caution and, in the light of the current situation, evaluate whether they need legal assistance in dealing with Russia.
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IMO’s Legal Committee approved a circular on Guidance on the impact of the situation in the Black Sea and the Sea of Azov on insurance or other financial security certificates. This followed the decision of the IMO Council at its Extraordinary Session earlier in March to request IMO Committees to consider ways to enhance the efforts of Member States and observer organizations in supporting affected seafarers and commercial vessels and consider the implications of this situation for the implementation of the Organization’s instruments, take appropriate action and report back to Council.
The circular notes that a number of relevant IMO liability and compensation treaties require that State Parties issue certificates attesting that insurance or other financial security which meets the requirements of the conventions is in force. The introduction of economic sanctions may in some cases restrict the insurers or other financial security providers from processing claims or prohibit the payment of claims arising under these conventions.
The circular recommends, in particular, that flag or certifying States issuing certificates based on Russian insurers or Russian financial security providers should verify that the coverage meets the criteria outlined in Circular Letter No.3464 – which provides guidance for accepting “Blue Cards” or similar documentation from insurance companies for specified treaties.