Nigeria security update and new BIMCO contract for escort services

Considered to be a new balanced contractual framework for SEVs, SEV-GUARDCON is based on BIMCO’s GUARDCON contract for the employment of security guards on board ships.

It addresses key aspects such as the capabilities of the escort vessel(s) and what should happen if the vessel does not arrive at the rendezvous point as agreed.

According to BIMCO, SEV-GUARDCON has been drafted specifically for cross-border transits where an SEV is needed to accompany the owner’s vessel through the Exclusive Economic Zone (EEZ) or territorial waters of more than one state. The structure mirrors GUARDCON wherever possible to ensure familiarity, and the insurance provisions have been kept as close as possible to the original GUARDCON wording. The liabilities and indemnities provisions reflect that SEV-GUARDCON covers services of an independently operated SEV as opposed to a security team carried on board the merchant ship.

The project team for the new contract consisted of representative shipowners and operators, private maritime security companies and maritime risk consultants, P&I Clubs, and marine insurance and legal experts. It will soon be available on BIMCO’s secure contract editing system, SmartCon, as well as in a sample version on the BIMCO website accompanied by explanatory notes.

Escort Best Practice

The use of SEVs is addressed in section 5 of the guide “BMP West Africa – Best Management Practices to Deter Piracy and Enhance Maritime Security off the Coast of West Africa including the Gulf of Guinea” (BMP WA).

BMP WA stresses that it does not recommend or endorse the general use of SEVs to accompany merchant ships and this is a decision to be taken by individual ship operators.

However, it advises that a contract for the provision of SEVs must:

• Not prejudice the ship’s insurance cover arrangements.
• Ensure the PMSC has insurance policies that are current and compliant with the requirements of the contract.
• Ensure the PMSC can legally operate the SEV in accordance with coastal state law.
• Ensure the SEV is fit for purpose.
• Ensure the SEV operator has a robust quality assurance and maintenance programmes with a record of inspection.

Operating with Security Escort Vessels

BMP WA provides further guidance on operating with SEVs:

• The escort plan, RV position and communication arrangements should be agreed in advance.
• Planning should consider that SEVs may have operating restrictions.
• Regular communication should be maintained.
• The SEV will be positioned to defend the vessel at all times and be reactive to intercept any approaching suspicious craft.
• Authorisation to use force rests with the military detachment onboard the SEV.
• The Master/Bridge Crew can aid the SEV with early detection and warning.
• SEV should not enter any designated oil terminal exclusion zone

Current Nigerian Situation

The position on the use of armed guards and escort vessels in Nigerian waters has lacked clarity since January 2021 when the decision was made to terminate the arrangement to provide a secure anchorage area (SAA) outside the port of Lagos.

Established in 2013, The SAA was a collaboration between the Nigerian Navy and the private maritime security organisation Ocean Marine Solutions.

Following the termination of this collaboration, the Nigerian Ports Authority (NPA) announced that private maritime security companies (PMSCs) would no longer provide SAA services. The Nigerian Navy subsequently assumed responsibility for security in the Lagos SAA.

This was followed in June 2021 with the launch of the Integrated National Security and Waterways Protection Infrastructure, also known as the Deep Blue Project. As we initially reported here, details on the initiative remain scant, but the maritime intelligence consultancy Ambrey advises that regular patrols of Lagos are carried out by Nigerian Navy patrol boats, including assets acquired through the Deep Blue Project.

At time of writing (December 2021), it is understood that the Nigerian Navy continues to cooperate with selected PMSCs under a memorandum of understanding to provide armed security escorts for commercial vessels. The PMSC is responsible for the operation of suitable vessels while the Nigerian Navy provides armed detachments. As before, private armed security teams (PASTs) are not permitted within Nigerian territorial waters.

Local law firm BKC Legal advises that the naval personnel can be arranged either directly via the agent or the PMSC. All correct procedures must be followed, and all licences must be in place. The jurisdiction of the Nigerian Navy extends to all Nigerian territorial waters including all berths and terminals.

The situation with the use of armed security in Nigeria remains fluid, and vessel operators should always check with their local agent for the latest requirements.

Find out more

See our loss prevention publications on maritime security here: https://www.nepia.com/latest/all-publications/piracy/

Additional resources such BMP can be found on the shipping industry’s Maritime Global Security Website https://www.maritimeglobalsecurity.org/