Sam Kendall-Marsden, director of the club’s Atlantic Syndicate, one of the team that drafted the contract said: “The International Group clubs participated in drafting the original BIMCO GUARDCON contract. It has become the industry standard for the employment of private maritime security companies, harmonising terms of engagement and making the process simpler and quicker for shipowners.
“GUARDCON was designed with East Africa in mind but since its inception, the shipping industry’s focus has widened to include piracy and other threats to shipping in the Gulf of Guinea off West Africa. GUARDCON in its unamended form is not a suitable contract to use for the engagement of private maritime security companies off West Africa where it is contemplated armed security personnel provided by littoral states will operate alongside unarmed private maritime security personnel. This protection model has evolved in response to the littoral states’ prohibition on the use of armed private maritime security personnel on board vessels in their territorial waters.
“While BIMCO’s recommended amendments were a useful step, we thought it would be helpful for shipowners if there were a contract that incorporates recommended amendments. GUARDCON West Africa does this and it is approved by all of the International Group clubs. The contract will provide certainty and make it simpler and quicker for shipowners to put in place security arrangements when trading in the high risk areas off West Africa,” he concluded.
*BIMCO has also released the POOLCON B contract.
This differs from POOLCON A as it is aimed at principals whereby A is aimed at agents, BIMCO told ‘Tanker Operator’ at a meeting last week.
A description of POOLCON B will appear in a future issue of the magazine.