Members are referred to BIMCO’s GUARDCON contract for the employment of security guards on vessels which was published on 28 March 2012.  GUARDCON is intended to harmonise terms of engagement for Private Maritime Security Contractors (“PMSC’s”) and simplify the process of vetting and approval for such contracts by P&I Clubs and their members.

GUARDCON does not represent a recommendation by BIMCO or the International Group of P&I Clubs that PMSC’s should be employed on board vessels.  The decision to employ security guards, whether armed or unarmed, is an operational one.  Members must always comply with Flag State law as well as any applicable local laws and follow the principles set out in IMO MSC Circular 1405 and the current version of Best Management Practices (currently version 4, August 2011).  The employment of PMSC’s should only be considered once a risk assessment has been carried out and the Master should be involved in the decision making process.  For further guidance on issues to consider when contracting with PMSC’s, members are referred to the Club’s website, in particular information under heading “Piracy & armed guards: General overview”.

GUARDCON has been reviewed by the International Group’s Maritime Security subcommittee and conforms with Club P&I cover and pooling requirements. However, it is important to keep in mind that this does not mean all liabilities arising under the GUARDCON necessarily are covered by P&I insurance. Regarding cover issues in particular, members are referred to information at Club’s website under heading “Piracy International Group FAQ”.

GUARDCON addresses a number of key issues, including adequate insurance, lawful transport and carriage of weapons, liability and indemnity provisions (based on knock for knock principles) and the Master’s responsibility for the vessel.

If Members decide to use an amended version of GUARDCON, or a different contract, they are advised to consult with the Club well in advance of any contemplated embarkation of PMSC’s. Failure to do so may have impact on the members’ insurance cover to the extent any liability otherwise would have been covered.

GUARDCON is accompanied by a separate guidance document “Guidance on the Rules of Use of Force”.  That guidance is aimed at assisting Members to agree suitable rules for the use of force which must form part of any contract for the employment of PMSC’s.  Rules for the use of force must comply with the provisions of IMO MSC Circular 1405 and with Flag State and applicable national laws.

The GUARDCON contract a as well as Guidance of the Rules of force can be found at BIMCO.      

Members should feel free to raise any questions regarding GUARDCON with the Club.