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REGIONAL CONFERENCE ON COMBATING PIRACY AND ARMED ROBBERY AGAINST SHIPS
Asia Anti-Piracy Challenges 2000
Heads of Coast Guard Agencies of Brunei Cambodia; China; Hong Kong, China; India; Indonesia; Japan; Lao; Malaysia; Myanmar; Philippines Republic of Korea; Singapore; Thailand and Vietnam
(27 to 29 April 2000, Tokyo)
1. The delegations of Brunei; Cambodia; China; Hong Kong, China; India ; Indonesia; Japan; Lao; Malaysia; Myanmar; Philippines; Republic of Korea; Singapore; Thailand and Vietnam (hereinafter referred to as the "Participating Administration(s)") consisting of the heads and acting-heads of authorities responsible for conducting law enforcement activities of anti-piracy and armed robbery against ships and/or providing assistance to persons and/or ships in distress as a result of such attacks (hereinafter referred to as the "Authority(ies)"), met from 27 to 29 April 2000 in Tokyo to discuss necessity and possibility of co-operation in combating piracy* and armed robbery against ships. The Conference was conducted under an extremely friendly and cordial atmosphere.
2. At the Conference, the Authorities of Participating Administrations analyzed and considered the trend of problems of piracy and armed robbery against ships. The Authorities of Participating Administrations, noting that recent piracy and armed robbery against ships are significantly threatening maritime safety, expressed the intention that they should promote mutual co-operation, as practical as possible, on anti-piracy and armed robbery against ships to tackle these problems effectively. It should nonetheless be pointed out here that these relevant activities including potential co-operation can only be done subject to relevant international treaties, each Participating Administration's domestic legislation as well as its availability of adequate resources to sustain these activities.
3. In view of the above, the Authorities of Participating Administrations expressed the intention that the information exchange should be conducted among relevant Authorities of Participating Administrations referring to the List of Operational Contact Points for Anti-Piracy and Armed Robbery against Ships prepared by the "Preparatory Meeting of the Coast Guard Agencies for the Regional
Conference on Combating Piracy and Armed Robbery against Ships" held from 7 to 9 March 2000 in Singapore. Information that should be exchanged includes:
.1 initial message (including a probability phase), e.g., when a ship is attacked or could be attacked, ships name, position, ships characteristics, nature of event, situation of a attacked ship, etc
.2 follow-up report, e.g., details of incident including method of attack, number and brief description of pirates and robbers, their weapons, etc.
.3 report regarding law enforcement activities, e.g., investigation, prosecution, conviction, etc; and
.4 other relevant information.
4. The Authorities of the Participating Administrations welcomed the "Tokyo Appeal", which was agreed upon by the International Conference of All Maritime Related Concerns, both Governmental and Private, on Combating Piracy and Armed Robbery against Ships (28 to 30 March 2000, Tokyo), and its resolve made by maritime policy authorities and other relevant bodies in order to prevent and suppress piracy and armed robbery against ships. In the Tokyo Appeal, various valuable points are laid out and one of them is the importance of timely reports of attack and post attack to the Coastal States/Port State. The Authorities of the Participating Administrations, recognizing also the importance of such reports with a view to enabling the Authorities to take necessary actions in time and consider effective counter measures by analyzing data consisting of such reports, highly evaluated the compiling the "List of Immediate and Post Attack Reports Recipients for when Incidents Occur " at the above mentioned International Conference.
5. Further, the Authorities of Participating Administrations, taking into account that recent piracy and armed robbery against ships such as "Anna Sierra", "Petro Ranger", "Ten Yu" and "Alondra Rainbow" seems to be connected to international syndicates, seems therefore to be more brutal, and seems to be operated beyond one Participating Administration's jurisdiction, shared the view that it is necessary for all Authorities of Participating Administrations to promote mutual co-operation in these fields including following items refereed to in paragraphs 5.1 to 5.6, and therefore to start prompt and effective co-operation in the immediately co-operable items where practical and appropriate:
.1 Enhancement of Law Enforcement Activities
The Authority(ies) of each Participating Administration should enhance law enforcement activities to deal with piracy and armed robbery against ships;
.2 Actions to be taken on receiving information on crew being under attack (including probability phase)
.2.1 Assistance to be provided to persons and/or ships under attacks or recently attacked
On receiving information on persons and/or ships under attacks or recently attacked, the Authority(ies) of each Participating Administration should immediately provide assistance to such persons or ships as far as practicable;
.2.2 Interception and Seizure
When a suspect ship or a ship likely hijacked is detected, the Authority(ies) of each Participating Administration should take appropriate and practical actions to intercept or seize the ship;
.2.3 Co-operated Actions
In taking actions referred to in paragraphs 5.2.1 and 5.2.2, through the operational contact points referred to in paragraph 3, the Authority(ies) of each Participating Administration may inform relevant Authority(ies) of other Participating Administration(s), in particular, those of which are related to the case of such actions and explore the possibility of taking cooperated actions and should take such co-operated actions with such Authority(ies) of other Participating Administration(s), where practical.
.3 After Interception and Seizure
On the high seas, or in any other place outside the jurisdiction of any Participating Administration, when the Authority(ies) of each Participating Administration seize(s) suspects or intercept(s) a suspect ship, such Authority(ies) may consult with relevant Authority(ies) of other Participating Administration(s), in particular, those of which are related to the case through diplomatic channels on how to deal with them.
The Authority(ies) of each Participating Administration should request bilateral or
to train personnel; and .6.1
to ensure the availability of relevant technology, equipment and facilities.
.4 Bilateral or Multilateral Assistance in Investigation
The Authority(ies) of each Participating Administration should request bilateral or multilateral assistance in investigation to the Authority(ies) of other Participating Administration(s) through diplomatic channels, or operational contact points referred to in paragraph 3, or other appropriate channels, where necessary. The best endeavors should be exercised by the Authority(ies) of other Participating Administration(s) which is(are) requested such assistance.
.5 Promotion of Co-operated Activities
The Authorities of Participating Administrations noted the effectiveness of the co-operated activities and shared the view that the possibility of exploring such co-operation may be considered in an appropriate meeting in the future.
.6 Technical Co-operation
The Authorities of Participating Administrations, recognizing the necessity of enhancing individual capability of each Administration and its Authority in these fields, took note of the intention of Japan to explore the possibility of providing support for those Authorities which request technical assistance:
.6.1 to train personnel; and
.6.2 to ensure the availability of relevant technology, equipment and facilities.
6. The Authorities of Participating Administrations shared the view that the operational level meeting on anti-piracy and armed robbery against ships should be held periodically in the future in order to further facilitate and strengthen co-operation in these fields including follow-ups to the Conference, and date, venue and other details of such potential meetings and/or the Conferences would be arranged through diplomatic channels.
7. The Authorities of Participating Administrations, considering it desirable that unnecessary duplication of maritime law enforcement activities be avoided, shared the view that it is appropriate for relevant authorities of Participating Administrations including the Authorities of Participating Administrations to explore the possibility of utilizing scope of the Asia Anti-Piracy Challenge 2000 to apply other maritime crimes associated with piracy and armed robbery against ships.
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