The Protection of Cyprus Ships against Acts of Piracy and Other Unlawful Acts Law of 2012 has entered into force following publication in the Official Gazette on 15 June 2012. The Law incorporates the recommendations and guidance of the IMO regarding the use of privately contracted armed security personnel on board ships navigating in high risk areas and takes into account the provisions of the United Nations Convention on the Law of the Sea, particularly the rights of a State as a port and a coastal State within its internal waters, territorial sea and contiguous zone.
The scope of the Law extends beyond acts and attempts of piracy and purports to address all types of unlawful acts against a ship or attempts to violate the security of the ship. It includes a broad definition of "unlawful acts" to include any act or suspicious act or circumstance which, by its nature or context, threatens the security of the ship or may cause damage to the ship or to the persons on board or to the cargo.
The Law provides that Cyprus ships navigating through high risk areas are required to implement compulsory security measures over and above those set out in SOLAS chapter XI-2 and the ISPS Code, taking into account the relevant recommendations and guidelines published by the International Maritime Organization (IMO) and the shipping industry. It also enables the operator of a Cyprus ship (owner, bareboat charterer or manager) to request permission to engage private contractors providing armed or unarmed security guards when the ship is navigating through high-risk areas. The request should be justified by a reasoned security risk assessment and the contractor and its personnel should be among those licensed by the Government of Cyprus to provide such services.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
