Feral Jundi

Friday, November 18, 2011

Legal News: Reflex Responses Hires Patton Boggs LLP For Lobbying In DC

Filed under: Legal News,Maritime Security,UAE — Tags: , , , , , — Matt @ 12:05 AM

Every once in awhile, I like to flex my ‘Google Fu’ skills and do some digging around. Low and behold, I found an interesting little tidbit about the UAE’s mercenary army called Reflex Responses Management Consultancy LLC or R2 for short.

They just hired the services of Patton Boggs LLP for lobbying in Washington DC in the ‘trade’ department. So my question here is what does R2 plan on selling to the US? Could they offer training services, or maybe even maritime security services to US flagged vessels? Who knows, but I do know that Patton Boggs LLP is no small potatoes law firm/consultancy. They also have a long history and relationship with the UAE.

It is also interesting that all of this lobbying registration happened on 10/20/2011, which was the same time that a consulting firm registered to lobby for Maersk and International Org/Masters/Mates/Pilots. Now what I speculate is that Maersk is seeing the writing on the wall when it comes to having armed guards on boats, and they need some folks in DC to help clear things up.

Maersk is up against a Jones Act based lawsuit filed by crew members involved in the famous Maersk Alabama pirate attack that happened a few years back. They are claiming that Maersk put them needlessly at risk for not providing armed security on the boat. It would make sense that Maersk would lobby DC to alleviate some of the legal concerns about having armed guards on boats.

So how does this connect with the R2 deal?  I don’t know, and maybe it is just coincidence. But it is also interesting that Secretary Clinton put out her memo in support of armed guards on boats a couple of days after these lobbyists registered. hmmmm

The other thing to note is that the UAE is on a blitz of sorts to promote anti-piracy efforts. The article I posted below lists a pretty extensive effort and strategy to tackle the problem. So does R2 play into that anti-piracy strategy?

Even if they are not connected, I think Maersk, the unions, and R2 are all interested in getting armed guards on boats. Either for capturing market share in the maritime security industry, or for liability reasons so they don’t get sued by the unions and crews for not protecting seafarers out there. Worse yet, if unions strike because vessels are not providing security, then that could have a serious impact on commerce. Hence why it behooves the government to do something about this. –Matt

 

Patton Boggs LLP for Reflex Responses Management Consultancy LLC
Issues: Trade (Domestic/Foreign)
Specific issue: Issues related to security consulting and related licensing matters.
Lobbyists: ?Farber, David J ?Garrett, John C ?McHale, Stephen (covered positions: Acting General Counsel, Treasury, Jan-Jun 2001; ActGCTreasury01 ) ?Oresman, Matthew Scott (covered positions: Sen.E.Kennedy,Intern,99;SenateJuducCom,LawClrck,05 )
Link to report here.
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Turner Pollard Strategies for Maersk Inc.
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preferences Statutes, the Harbor Maintenance Trust Fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.
—————————————————————-
Turner Pollard Strategies for International Org/Masters/Mates/Pilots
Issues: Defense; Marine/Maritime/Boating/Fisheries; Taxation/Internal Revenue Code; Trade (Domestic/Foreign); Transportation
Specific issue: All issues relating to the U.S.-Flag Merchant Marine, including the Jones Act, the Maritime Security Program, the establishment of a Marine Highway, Cargo Preference Statutes, the Harbor Maintenance Trust fund, the Tonnage Tax, Title XI (the Federal Ship Financing Program), and the protection of U.S. merchant ships from piracy.
Lobbyists: ?Pollard, John J III (covered positions: Staff of Rep Ike Skelton ans HASC ) ?Turner, James T
Link to report here.

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UAE renews support to all military operations and critical measures aimed at ending piracy off the Coast of Somalia
Nov 18, 2011
The United Arab Emirates renewed its strong support for all military operations and critical measures aimed at improving the process of pursuing and prosecuting those responsible and involved in piracy acts, considering these measures as a strong deterrent for preventing this phenomenon from continuing.
In an intervention made by Permanent Representative of the UAE to the United Nations Ahmed Al-Jarman before the Meeting of the Contact Group on Combating Piracy off the Coast of Somalia on Thursday at the UN Headquarters, he added : “At the same time, the UAE emphasizes that such measures are not sufficient to eliminate totally and permanently these serious acts at sea, and the international community is required to adopt a comprehensive cooperation strategy that ensures the total elimination of this phenomenon, which constitutes a form of organized crime that threatens countries and is subject to international laws”.

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Monday, November 14, 2011

Film: Paul Greengrass Directs And Tom Hanks To Star In Maersk Alabama Piracy Drama

Filed under: Film,Maritime Security,Somalia — Tags: , , , , , — Matt @ 5:23 PM

“I am sure whoever plays me will do fine, but front-runners could be Danny DeVito or Queen Latifah,” he said.-Captain Richards said in interview.

This is cool and hopefully this makes it all the way into the can and onto the big screen. It should make it with all of the players involved, but you never know. From the little bits I am hearing, the crew is heading to New Orleans to film, and they have been looking for Somalis to play pirates in the movie. No word on when this thing will come out, and I will let you know when the trailer comes out. –Matt

Edit: 11/18/2011- I forgot to mention that this is not the first group to look at producing and filming this thing. Kevin Spacey expressed interest back when this first came out.

 

Paul Greengrass Offered Somali Pirate Pic By Sony Pictures, Talks Starting
By MIKE FLEMING
Wednesday June 8, 2011
UPDATE: I’ve learned that Memphis won’t be an impediment to Paul Greengrass directing this Somali pirate movie, so I expect this to move quickly and that this will be the director’s next film.
EARLIER: Director Paul Greengrass and Sony Pictures have moved a step closer to the filmmaker coming aboard to steer the Sony Pictures’ Somali pirate drama to star Tom Hanks as Captain Richard Phillips. Greengrass was among a short list of directors for the gig but I’m told Sony Pictures has just offered him the picture and talks are about to begin. Phillips was the skipper of the cargo ship Maersk Alabama who gave himself up as a hostage to Somali pirates to keep his crew from having to leave the ship with them. After three days of being held hostage alone with the armed pirates in a small lifeboat, Phillips was saved by Navy SEALs who staged a dramatic rescue that left the captain unharmed, three captors dead and another in custody. The film is based on Phillips’ memoir A Captain’s Duty: Somali Pirates, Navy SEALs, and Dangerous Days at Sea, which was published last year by Hyperion. Sony Pictures’ The Social Network team of Scott Rudin, Michael De Luca, Dana Brunetti and Kevin Spacey are producing. Hanks signed on in March after sparking to a script written by Billy Ray. Elizabeth Cantillon is supervising for Sony Pictures.

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Tuesday, November 8, 2011

Maritime Security: JLT In The News–Private Navy To Start Within Five Months

Filed under: Maritime Security — Tags: , , , , — Matt @ 11:11 AM

The project, first discussed more than a year ago, experienced some delays in getting a state jurisdiction to register its vessels. Cyprus agreed to add the ships last month, following a U.S. State Department veto for registration in the Marshall Islands, Campbell said.

This is really the only quote I was interested in with this article. Of course JLT and these security contractors have been promising this private navy concept for awhile now, and it all revolves around getting backing from a country and from investors.

What I am interested in though, is Cyprus allowing these vessels to be state registered? That seems pretty close to issuing a Letter of Marque if you ask me? Especially if Cyprus registers these vessels, knowing full well that they will be purposely used for anti-piracy operations and escort duty. That they are endorsing a ‘private navy’.  Even if they have not issued a LoM, they might as well do so anyways, because in effect, Cyprus is blessing a privateer force. (mind you, historically speaking, LoM’s have been issued to early privateers to do exactly what these guys will be doing–escorting commerce through pirate infested waters)

The other thing to bring up here is that there just isn’t enough naval assets out there to cover all of the transits.  The reason for this is the poor economy and a reduction in naval forces and their missions. Especially missions protecting commerce in such a vast operational area. So enter private industry to fill in the void…..  But it is all still all talk, and when this private navy actually gets some investors, and we see video of them doing their thing, then I will truly be impressed. –Matt

 

Somalia Piracy Spurs Private Navy to Start Within Five Months
November 07, 2011
By Michelle Wiese Bockmann
The company behind the world’s first private navy to protect merchant ships against Somali pirates plans to start armed escorts through the Gulf of Aden within five months after attacks rose to a record this year.
Convoy Escort Programme Ltd., backed by the marine insurance industry, will initially deploy seven former naval patrol boats, each with armed security teams of eight people on board, Angus Campbell, chief executive officer, said by phone from Swarland, England today. The bullet-proofed boats will charge about $30,000 per ship traveling in a convoy of around four vessels over three to four days, he said.
“We are going to be a deterrent,” Campbell said. “We are not in the business of looking for trouble but if anybody tries to attack a vessel we are escorting, our security teams will deploy force if they have to act in self defence.”
Attacks reached a record this year and cost the global economy an estimated $7 billion to $12 billion annually, according to the United Nations’ International Maritime Organization. About 23,000 vessels carrying $1 trillion of trade pass through the Gulf of Aden every year, the U.K. government estimates.

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Friday, November 4, 2011

Maritime Security: Guards Must Be Regulated, Says BIMCO

Filed under: Maritime Security — Tags: , , — Matt @ 10:29 AM

This is funny. BIMCO was one of the signators of that letter on the request to use UN guards on boats.  I guess that idea went out the window? Or maybe that was a political ploy to get governments to act on the legalities of armed guards on boats, because the alternative of using blue helmets was a bridge too far?

As to the idea of setting up some contract guidelines that covers all of the basis for armed guards on boats, is great. Anything that helps to alleviate the legal issues on these vessels and during transits, just so we can continue to get more guards on these vessels. Although I would highly suggest to BIMCO to not be biased towards purely using British security companies.

The reason why I say that is because of this quote:

Noakes estimates that between 6,000 and 7,000 personnel would be needed to deploy four-man armed teams on around 50% of vessels transiting the Indian Ocean or Gulf of Aden. But that number of professional operatives does not exist.

I disagree with Noakes on this matter. There are plenty of operatives to use, but that would require opening up the market to bring in US and/or other Nationalities. But for US companies specifically, the infrastructure, manpower, management, and most of all, experience in high threat operations is there. US companies have also been operating in two wars, and multiple other countries in this war for the last 10 years. Hell, just look at the last USCENTCOM report if you want an idea on the numbers of contractors, and our flexibility.

It is a ridiculous assumption to say that the industry cannot handle filling in these guard positions. Especially with today’s global mess of an economy, and especially with this massive pool of unemployed combat veterans. But yet again, in order to tap into this pool of resources, that would require being more inclusive towards this market of force.

Not everyone can be Royal Marines or SAS/SBS. Nor can everyone you hire be a Navy SEAL or CAG.  But you can find plenty of veterans with tons of combat experience in these wars, that can certainly handle a weapon and pull guard duty on a boat. You can also find plenty of companies out there that can certainly answer the call and fill a contract.

On the other hand, you get what you pay for.  If you want to attract the organized and experienced PSC’s and PMC’s that I am talking about, then you are going to have to pay a reasonable price to get them. If you want to go cheap, then of course you are going to have problems. But that can be alleviated as well, by just passing on the costs to your customers. You just have to look at your security as something that is as important and as vital as a mechanic or ship’s captain. Plus, 100 percent success rate for armed guards repelling pirate attacks is a hard statistic to argue against. If it works, then ramp it up and get armed guards on boats. –Matt

 

Guards Must Be Regulated, Says Bimco
November 4th, 2011
Bimco plans to introduce an armed-guard contract as fears grow that scores of second-rate companies are jumping on the piracy bandwagon.
The move comes as UK prime minister David Cameron confirmed that the UK is reversing its position and in future armed guards will be permitted on ships flying the Red Ensign.
Giles Noakes, Bimco’s chief maritime-security officer, says the new contract is to protect the interests of shipowners using privately contracted armed security personnel.
“We have been forced into a position where large numbers of owners and operators are using armed guards,” said Noakes.
“Unfortunately, growth is exponential and there are a large number of cowboys out there jumping on the bandwagon.”
The new contract will be aimed at ensuring that armed-guard companies follow the guidelines to owners in the International Maritime Organisation (IMO) MSC Circular 1405.
The circular is designed to provide “hoops” that security companies must jump through to prove they are capable of doing the job.

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Sunday, October 30, 2011

Maritime Security: Britain To Allow Armed Guards To Combat Sea Piracy

Filed under: Legal News,Letter Of Marque,Maritime Security,United Kingdom — Tags: , , , — Matt @ 1:15 PM

Outstanding news. Glad to see Britain taking the necessary steps to legalize armed guards on boats. It just makes sense, and seeing how most of the maritime security companies working right now are British, this will be an added boost.

Now the question I have is how will these new laws mix with Britain’s position on privateers or the Letter of Marque? They are a signatory to the Paris Declaration Respecting Maritime Law. No telling what other treaties they have signed, and how these sanctioned armed guards fit into that bigger picture?

I would also be interested to see the firearms regulations on what the companies can actually use for protection duties. Remember, today’s pirates are using weapons of war, not firearms used for hunting. You must give these guards weapons that will give them advantage, or at least match the pirate’s fire power. Anything else is just unacceptable in my view. –Matt

 

Britain to allow armed guards to combat sea piracy
By DAVID STRINGER
October 30, 2011
Ships sailing under Britain’s flag will be permitted to carry armed guards on some perilous routes to combat the threat from pirates, the prime minister said Sunday.
David Cameron said Britain was reversing its opposition to the use of weapons aboard ships, amid mounting concern about the risks of vessels and crew being seized by pirates — particularly off Somalia’s coast.
Cameron’s office said the use of weapons on British-flagged ships is banned under firearms laws, but that new rules would be in place within a month.
Britain’s announcement follows the decision in February of the International Chamber of Shipping, the major trade association of ship owners, to support members hiring private security companies to provide protection.
“The evidence is that ships with armed guards don’t get attacked, don’t get taken for hostage or for ransom, and so we think this is a very important step forward,” Cameron told BBC television during a visit to a Commonwealth summit in Australia, where he discussed the issue with leaders from the Seychelles and Mauritius.

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