ANNEX 4
REPORT OF THE WORKING GROUP ON IMO MSC/CIRC.623
Guidance to shipowners and ship operators, shipmasters and crews on preventing and suppressing acts of piracy and armed robbery against ships
THE WORKING GROUP HAVING NOTED IMO resolutions A.545 (13) adopted on 17 November 1983, A.584 (14), adopted on 20 November 1985 and A.683 (17) adopted on 6 November 1991; and
HAVING PERUSED MSC/Circ.623 dated 18 June 1993 and the amendments suggested by the 1998 Brasilia regional seminar and workshop,
made the following comments/suggestions:
Annex:
● Page 1, paragraph 3: insert in the beginning of the paragraph "In addition to hijacking of vessels, and the theft of cargo,";
● Page 4, paragraphs 18 and 19: when updating these paragraphs it is suggested to include: "It is recommended that owners initiate the GMDSS INMARSAT "C" alarm program before entering known pirate areas for use when appropriate (MSC/Circ.805)";
● Page 6, paragraph 27: the standard message at Appendix 1 should be in line with all other IMO message formats;
● Page 8, paragraph 43: replace "NUC lights should be flashed" in line 3 by "a combination of sound and light signals should be made";
● Page 9, paragraphs 48 and 49: delete last sentence in paragraph 48 and insert it as a new first sentence in paragraph 49;
● Page 11, paragraph 56: first sentence to read: "Immediately after securing the safety of the ship and crew a post attack report ......... ";
● Page 12, paragraph 65 to be moved to the annex to MSC/Circ.622 and amended as follows: delete "falls to be dealt with" to end of paragraph, and insert: "should be prosecuted under the laws of the investigating State by mutual agreement with the substantially interested states.
Substantially interested State means a State:
.1 which is the flag State of a ship that is the subject of an investigation; or
.2 in whose territorial sea an incident has occurred, including the right of hot pursuit; or