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{|{{Infobox ship begin |infobox caption=}} <!-- commercial vessels --><!---->
'''MV Seaman Guard Ohio''' is a ]-flagged fishery ] (]: 9LA2125, ]: 8410691, ]: 667004026) owned and operated by AdvanFort, a ] (USA) based Private Security Company (PSC) that provides commercial anti-piracy protection services to merchant vessels. <ref>{{cite news|title=Seaman Guard Ohio|url=http://new.marinetraffic.com/en/ais/details/ships/667004026|newspaper=Marine Traffic|date=12 October 2013}}</ref> AdvanFort is owned by Samir Farajallah. His son Ahmed Farajallah manages AdvanFort.
{{Infobox ship image
|Ship image=Seaman Guard Ohio Vessel.JPG
|Ship image size=300px
|Ship caption=MV ''Seaman Guard Ohio'' photographed at Singapore, July 2012
}}
{{Infobox ship career
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|Ship yard number=1064
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|Ship launched=20 August 1984
|Ship completed=1984
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|Ship identification=*{{IMO Number|8410691}}
*{{MMSI|667004026}}
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|Ship tonnage=*{{GT|394}}
*{{DWT|197}}
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The '''MV ''Seaman Guard Ohio''''' is a ] ship<ref>{{cite web|title=MSC 95th session meeting documents|url=http://www.imo.org/en/MediaCentre/MeetingSummaries/MSC/Pages/MSC-95th-session.aspx|website=IMO (International Maritime Organisation)|publisher=IMO, London|accessdate=12 January 2016}}</ref> owned by ] and used for storing weapons and security guards on private ] contracts.<ref>{{cite web|title=IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 836 OF 2015 (Arising out of S.L.P.(Crl.)No. 7082 of 2014)|url=http://supremecourtofindia.nic.in/FileServer/2015-07-02_1435836149.pdf|website=supremecourtofindia.nic.in|publisher=Supreme Court of India|accessdate=12 January 2016|url-status=dead|archiveurl=https://web.archive.org/web/20160304120912/http://supremecourtofindia.nic.in/FileServer/2015-07-02_1435836149.pdf|archivedate=4 March 2016}}</ref> In October 2013, the ship was impounded and the crew and armed guards aboard were detained after it allegedly entered Indian waters with illegal arms without adequate permission.<ref>{{cite web|title=Police Arrests Crew of detained US Ship Seaman Guard Ohio |url=http://news.biharprabha.com/2013/10/police-arrests-crew-of-detained-us-ship-seaman-guard-ohio/|accessdate=18 October 2013}}</ref>


==Ship==
The Seaman Guard Ohio is a special purpose vessel acting as a ‘floating armoury’ for Privately Contracted Armed Security Personnel (PCASP) paid to defend cargo ships in piracy high risk areas (HRA).<ref>{{cite news|title=India seizes US mercenary ship|url=http://www.theaustralian.com.au/news/world/india-seizes-us-mercenary-ship/story-e6frg6so-1226740544070|newspaper=The Australian|date=16 October 2013}}</ref> The vessel is equipped with a wide array of directive and omnidirectional radio-communications sensors including numerous VHF, UHF, HF and satellite communications antennae, maritime radars and satellite navigation systems.
The MV ''Seaman Guard Ohio'' is a ] (])–flagged former fishery ] (]: 9LA2125, ]: 8410691, ]: 667004026) owned and operated by ], an American ] that provides commercial anti-piracy protection services to merchant vessels.<ref>{{cite news|title=Seaman Guard Ohio|url=http://new.marinetraffic.com/en/ais/details/ships/667004026|newspaper=Marine Traffic|date=12 October 2013|access-date=15 October 2013|archive-url=https://web.archive.org/web/20131015234213/http://new.marinetraffic.com/en/ais/details/ships/667004026|archive-date=15 October 2013|url-status=dead}}</ref><ref name="australian">{{cite news |author=Amanda Hodge |title=India seizes US mercenary ship |url=http://www.theaustralian.com.au/news/world/india-seizes-us-mercenary-ship/story-e6frg6so-1226740544070 |newspaper=The Australian |date=16 October 2013}}</ref> The vessel is equipped with a wide array of directive and omnidirectional radio-communications sensors including numerous VHF, UHF, HF and satellite communications antennae, maritime radars and satellite navigation systems.<ref name="Hindu Business Line">{{cite news |author=Bhaskar Balakrishnan |title=Rogue vessels in Indian waters |url=http://www.thehindubusinessline.com/opinion/columns/bhaskar-balakrishnan/rogue-vessels-in-indian-waters/article5268895.ece?homepage=true |newspaper=The Hindu Business Line |date=24 October 2013}}</ref>


The ship was built for ] by ] of ], Japan, and was originally named the ''Kaio Maru''. In May 2011 she was renamed ''Timor Navigator'', and in January 2012 ''Seaman Guard Ohio''.<ref>{{cite web |url=http://seaman-guard-ohio-8410691-patrol-vessel-MaritimeConnector.com.pdf |title=Seaman Guard Ohio - 8410691 - Patrol Vessel |publisher=Maritime Connector |accessdate=October 22, 2013 }}{{dead link|date=January 2018 |bot=InternetArchiveBot |fix-attempted=yes }}</ref>
== Unauthorised entry into Indian Waters ==
On 11 October 2013, ] detained ''Seaman Guard Ohio'' after the vessel entered Indian waters close to the International Maritime Boundary Line in the ] without obtaining a Pre-Arrival Notification for Security (PANS) for the 6 ], 14 ], 4 ] and 1 ] armed guards and military weapons on-board the vessel.

The incident highlighted the loosely-regulated practice of placing civilian PCASP and military VPD guards on merchant ships for protection against pirate attacks.


==History==
=== Interception by Indian Coast Guard === === Interception by Indian Coast Guard ===
{{Main|AdvanFort#2013 Seaman Guard Ohio incident}}
The ''Seaman Guard Ohio'' was intercepted beyond the 'ICC-CSS High Risk Area' and within the Indian Customs Waters by ]. The vessel was escorted to the VOC Chidambaranar Port in ]. <ref>{{cite news|title=Arms-laden US ship in Tuticorin: No clear answers yet|url=http://www.newsx.com/national/nation/item/11942-arms-laden-us-ship-in-tuticorin-no-clear-answers-yet|newspaper=News X|date=15 October 2013}}</ref> Indian coastal police had been tipped-off by fishermen who reported that the ship was carrying armed guards. Thomas Chacko of AdvanFort conceded that it had no permission to sail into the Indian waters. <ref>{{cite news|title=MHA seeks detailed report on US ship carrying arms|url=http://newindianexpress.com/nation/MHA-seeks-detailed-report-on-US-ship-carrying-arms/2013/10/15/article1836153.ece|newspaper=New Indian Express|date=15 October 2013}}</ref>
The MV ''Seaman Guard Ohio'' was intercepted on 12 October 2013 beyond the ] '']'' and within Indian Customs Waters by ]. The vessel was escorted to the ] in ] (Tuticorin).<ref>{{cite news|title=Arms-laden US ship in Tuticorin: No clear answers yet |url=http://www.newsx.com/national/nation/item/11942-arms-laden-us-ship-in-tuticorin-no-clear-answers-yet |newspaper=News X |date=15 October 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20131017050107/http://www.newsx.com/national/nation/item/11942-arms-laden-us-ship-in-tuticorin-no-clear-answers-yet |archivedate=17 October 2013 }}</ref> The 10 crew and 25 guards were interrogated by a federal multi-agency joint investigation team comprising members of the Indian Coast Guard, ], ], ] and the Q Branch of India's ].<ref>{{cite news |title=Ship with armed guards detained in Indian waters |url=http://www.thehindu.com/news/national/tamil-nadu/ship-with-armed-guards-detained-in-indian-waters/article5229375.ece |newspaper=The Hindu |date=13 October 2013}}</ref><ref>{{cite news|title=US ship with armed guards detained at Tuticorin; no papers authorising possession of arms|url=http://www.ndtv.com/article/india/us-ship-with-armed-guards-detained-at-tuticorin-no-papers-authorising-possession-of-arms-431775|newspaper=NDTV|date=13 October 2013}}</ref><ref>{{cite news|title=India seizes armed anti-piracy ship owned by US security firm |url=http://timesofindia.indiatimes.com/india/India-seizes-armed-anti-piracy-ship-owned-by-US-security-firm/articleshow/24104493.cms |newspaper=Times of India |date=13 October 2013}}</ref>

AdvanFort admitted that the vessel entered Indian waters and claimed that the vessel did so partly to avoid the effects of ] which made land-fall at ] over 1000 kilometers from ]. “I want to personally thank the Indian government for offering a safe harbor during this typhoon to the crew of our good vessel OHIO,” said William H. Watson, president of AdvanFort.<ref>{{cite news|title=AdvanFort thanks Indian officials for providing safe harbor for its vessel|url=http://www.piracydaily.com/advanfort-thanks-indian-officials-providing-safe-harbor-vessel/|newspaper=Piracy Daily|date=13 October 2013}}</ref> Thomas Chacko of AdvanFort conceded that the vessel had no permission to sail into the Indian waters.<ref>{{cite news|title=MHA seeks detailed report on US ship carrying arms|url=http://newindianexpress.com/nation/MHA-seeks-detailed-report-on-US-ship-carrying-arms/2013/10/15/article1836153.ece|newspaper=New Indian Express|date=15 October 2013}}</ref>

Indian maritime authorities refuted suggestions that the Master of the ''MV Seaman Guard Ohio'' had obtained clearances to enter Indian Waters. Inspector-General and Commander Coast-Guard (Region East) Satya Prakash Sharma told journalists that the ''MV Seaman Guard Ohio'' entered Indian waters intentionally : “One of their intentions was to procure fuel. Transfer of fuel, suspected to be subsidised diesel in this case, within the Customs Waters (24 nautical miles) can amount to smuggling (...) The question of escaping from Cyclone Phailin does not arise as the cyclone had no impact in that area. The crew had full knowledge that the vessel was entering Indian territory”.<ref>{{cite news|title=Foreign ship entered Indian waters intentionally|url=http://www.thehindu.com/news/national/foreign-ship-entered-indian-waters-intentionally/article5241188.ece|date=16 October 2013}}</ref> A senior official at Coastal Security Group Sylendra Babu has been quoted as saying : "When they enter the exclusive economic zone of a country, they should get proper permission to carry weapons. They didn't have documents of authorisation,". “This maritime security providing vessel was entitled to sail in Somalian waters, but had entered the Exclusive Economic Zone without permission."

India's Deputy National Security Advisor opined that the ship was a private 'floating armoury' : "You have had piracy earlier in the ] and now in the ]. People who provide such security need a floating armoury. My suspicion is that the boat in Tuticorin is a floating armoury for one of these private security agencies"<ref>{{cite news|title=India seizes US mercenary ship with floating armoury|url=http://www.theaustralian.com.au/news/world/india-seizes-us-mercenary-ship/story-e6frg6so-1226740544070|newspaper=The Australian|date=16 October 2013}}</ref> <ref>{{cite news|title=Know the detained USA ship-MV Seaman Guard Ohio|url=http://news.oneindia.in/india/know-the-detained-ship-mv-seaman-guard-ohio-from-usa-1325616.html|newspaper=OneIndia News|date=17 October 2013}}</ref>

=== Investigation ===

In the absence of required documentation for the arms, ammunition and guards on-board the vessel, the 10 crew and 25 guards were interrogated by a federal multi-agency joint investigation team comprising of Indian Coast Guard, ], ], ] (RAW) and the Q Branch of ]. <ref>{{cite news|title=Ship with armed guards detained in Indian waters|url=http://www.thehindu.com/news/national/tamil-nadu/ship-with-armed-guards-detained-in-indian-waters/article5229375.ece|newspaper=The Hindu|date=13 October 2013}}</ref> <ref>{{cite news|title=US ship with armed guards detained at Tuticorin; no papers authorising possession of arms|url=http://www.ndtv.com/article/india/us-ship-with-armed-guards-detained-at-tuticorin-no-papers-authorising-possession-of-arms-431775|newspaper=NDTV|date=13 October 2013}}</ref> <ref>{{cite news|title=India seizes armed anti-piracy ship owned by US security firm |url=http://timesofindia.indiatimes.com/india/India-seizes-armed-anti-piracy-ship-owned-by-US-security-firm/articleshow/24104493.cms|newspaper=Times of India|date=13 October 2013}}</ref> "We have asked for a detailed report. Since it was carrying arms and bought fuel in India illegally, we have asked the agencies for a thorough probe into the matter," said a spokesperson from the ministry of home affairs.<ref>{{cite news|title=India Charges Crew of Detained US Ship Seaman Guard Ohio |url=http://www.ibtimes.co.uk/articles/513932/20131015/india-ship-tuticorin-advanfort-arms-cyclone-phailin.htm|newspaper=IB Times|date=16 October 2013}}</ref>

Coast Guard Commandant Anand Kumar said : "At the moment the documents are still awaited. We have to see how valid are the documents that they do produce towards their entry into Indian waters and carrying arms and ammunitions." Indian authorities have confiscated sophisticated semi-automatic weapons along with around 5,700 rounds of ammunition till all the paper-work relating to authorisations for the weaponry to enter Indian waters is received from AdvanFort and examined. <ref>{{cite news|title=India seizes Sierra Leone-flagged ship Seaman Guard Ohio owned by Virginia-based AdvanFort|url=http://in.reuters.com/article/2013/10/13/india-ship-idINL3N0I307320131013|newspaper=Reuters|date=13 October 2013}}</ref> Former eastern regional commander of Indian Coast Guard Commodore R.S.Vasan, opined that the investigation should be handed over to National Investigation Agency (NIA) as mandated by Union home ministry protocol adopted after the 2008 terror attacks in Mumbai.

] are investigating customs and immigration issues related to the Sierra Leone-flagged ship.<ref>{{cite news|title=Tamil Nadu Marine Police to bring out facts on ship with arms|url=http://zeenews.india.com/news/nation/marine-police-to-bring-out-facts-on-ship-with-arms-coast-guard_883013.html|newspaper=Zee News|date=13 October 2013}}</ref> Indian media revealed that the ''Seaman Guard Ohio'' had previously been repeatedly sighted off the coast of Kerala and Tamil Nadu. The vessel had even berthed at Kochi Port from 23 to 26 August 2013.

The MMD headquarters in Chennai told journalists that they are yet to participate in the investigation and have not taken charge of the ship's VDR (Voyage Data Recorder). Maritime safety experts advising central investigation agencies said lack of coordination between different agencies delaying a proper investigation might spoil chances of retrieving crucial communication including its voyage details. <ref>{{cite news|title=US ship with arms was in Indian waters for a month|url=http://timesofindia.indiatimes.com/india/US-ship-with-arms-was-in-Indian-waters-for-a-month/articleshow/24212910.cms|newspaper=Times of India|date=16 October 2013}}</ref>

Shipping minister G.K.Vasan said : "We are still to find answers to many questions, the probe will bring out the truth. Till then, the ship will not be allowed to move out of Tuticorin port" and added that the MV Seaman Guard Ohio will not be allowed to leave till the completion of the probe by the 'Q Branch' of Tamil Nadu Police.<ref>{{cite news|title=US Ship won't move till probe completed: Shipping Minister G.K.Vasan|url=http://www.hindustantimes.com/India-news/Chennai/US-Ship-won-t-move-till-probe-completed-Vasan/Article1-1136019.aspx|newspaper=Hindustan Times|date=16 October 2013}}</ref>

] (CISF) has been entrusted the task of securing and restricting movement of the ''MV Seaman Guard Ohio'' and its complement of crew and armed guards.

=== FIR Charge-sheet ===

Coastal Security Group of the Tamil Nadu police filed a FIR based on India's Arms Act 1956, Essential Commodities Act 1955 and Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices), Order 2005 against the crew and guards of the ship.<ref>{{cite news|title=Foreign vessel and crew booked under Arms Act|url=http://www.thehindu.com/news/india-detains-crew-of-us-ship-carrying-weapons/article5233543.ece|date=16 October 2013}}</ref>

=== Domestic policies and political considerations ===

In the aftermath of the ], security analysts had called upon the UPA government to reinforce coastal surveillance capabilities to safeguard national security.

India's largest opposition questioned the government's silence on the MV Seaman Guard Ohio case. BJP spokesperson Nirmala Sitharaman said : "Till date, the legal status of those on board is unclear and the complete papers carrying permissions and licenses are unavailable (...) Floating armouries of this kind and their legal status being unclear, raise a lot of questions. Legal or otherwise, the risk of their falling in wrong hands is very high and raises issues of national security,".<ref>{{cite web |url= http://articles.economictimes.indiatimes.com/2013-10-15/news/43068668_1_merchant-vessel-nirmala-sitharaman-legal-status |title=Why is govt "silent" on merchant vessels carrying arms: BJP |publisher= Economic Times |date= 15 October 2013}}</ref> <ref>{{cite web |url= http://zeenews.india.com/news/nation/arms-laden-us-ship-in-tuticorin-why-this-silence_883529.html |title= Arms-laden US ship in Tuticorin: Why this silence? |publisher= Zee News |date= 16 October 2013}}</ref>

The US consulate in ] declined to comment on the incident.

The Foreign Ministry of Ukraine confirmed the Ukrainian citizenship of the captain, chief engineer and a guard on the Seaman Guard Ohio.

On 15 October 2013, MEA spokesperson Syed Akbaruddin said : “Once we get the probe report from authorities, we will decide on the follow-up steps. It has not become a diplomatic matter right now. US embassy or Sierra Leone authorities have not approached us so far".

=== Regulation of Private Maritime Security industry ===

Following the 2012 '']'', South Indian fishing communities have repeatedly asked Indian authorities to guarantee their safety at sea so that fishing activities are not disrupted. Coastal fishing syndicates have called for stricter regulation of policing activities by private armed guards on-board commercial vessels in the vicinity of traditional fishing grounds located within the Indian Contiguous Zone and Exclusive Economic Zone. Oman and India have urged the international community to tighten regulations concerning the practice of placing private and military armed guards on-board vessels for combating piracy.<ref>{{cite web|last=Isenberg|first=David|title=Why Fighting Pirates Is Both Good and Bad for PSC|url=http://www.huffingtonpost.com/david-isenberg/why-fighting-pirates_b_2044228.html|accessdate=10 November2012}}</ref><ref>{{cite web|url=http://www.rusi.org/publications/journal/ref:A5076DBE1B6F37/#.UJ5DK4csDa5|title=Private Security and Armed Military Guards: Minimising State Liability in the Fight Against Maritime Piracy|publisher=RUSI Journal|accessdate=10 November 2012}}</ref><ref>{{cite web|last=Brown|first=James|title=PIRATES AND PRIVATEERS: MANAGING THE INDIAN OCEAN'S PRIVATE SECURITY BOOM|url=http://www.lowyinstitute.org/publications/pirates-and-privateers-managing-indian-oceans-private-security-boom|publisher=Lowy Institute for International Policy|accessdate=11 November 2012}}</ref><ref name=Bloomberg/Katz/Frodl>{{cite news|last=Katz|first=Alan|title=Brother Shot Dead Fishing Tests Armed Guards' Accountability|url=http://www.businessweek.com/printer/articles/373250?type=bloomberg|accessdate=9 December 2012|newspaper=BloombergBusinessweek|date=28 November 2012}}</ref> <ref name=R.L.Phillips>{{cite news|last=Phillips|first=Roger L.|title=The Enrica Lexie Incident – Private Security Counterpoint|url=http://piracy-law.com/2012/03/09/the-enrica-lexie-incident-private-security-counterpoint/|accessdate=3 January 2013|newspaper=piracy Law|date=9 March 2012}}</ref> <ref>{{cite web|title=India wants rollback of piracy zone |url=http://www.thehindu.com/news/national/india-wants-rollback-of-piracy-zone/article4307758.ece|accessdate=15 January 2012}}</ref>

In September 2013, an international code of conduct for Private Security Providers Association was established by Australian, British and Swiss governments to regulate the Private Military Contractors (PMC) industry. Commenting on the ''MV Seaman Guard Ohio'' case, James Brown, the military fellow with the Lowy Institute, highlighted that the absence of verification was major lacuna of the newly created code of conduct : "The problem is if you do something out at sea and no one's around to see it, how do you regulate it? One of the few points where you can is when boats come into ports and territorial waters and that's what's happened here."

== Issues involving AdvanFort ==
AdvanFort is owned by Samir Farajallah. His son Ahmed Farajallah manages AdvanFort operations apart from owning a firm called New-Fields Exhibitions. AdvanFort and New-Fields Exhibitions have had issues in numerous countries including the Eritrea, Estonia & USA.

=== 2009 Revoked Corporate Licence for AdvanFort's sister company New-Field Exhibitions ===
AdvanFort CEO Samir Farajallah's son Ahmed Farajallah operates New-Fields Exhibitions which 'has been a notable, if suspicious, player in the rebuilding of Iraq' according to journalist Adam Lichtenheld's report “Unlicensed ''New-Fields Exhibitions'' Claims to Provide Clients Easy Access in Iraq.” Public records uncovered by Adam Lichtenheld's investigative dossier revealed that New-Fields Exhibitions, which organizes networking conferences for major corporations, has had it's US corporate license revoked several times. <ref>{{cite news|title=Unlicensed “New-Fields Exhibitions” Claims To Provide Clients Easy Access in Iraq|url=http://www.dcbureau.org/20090701645/national-security-news-service/unlicensed-new-fields-exhibitions-claims-to-provide-clients-easy-access-in-iraq.html|date=01 July 2009}}</ref>

Adam Lichtenheld claims that ''New-Fields Exhibitions'' receives sponsorship from security contractor company '']''. Triple Canopy has been described by investigative journalist Jeremy Scahill as "Obama's Blackwater".

Internet search reveals that in June 2006 ''New-Fields Exhibitions'' organised a conference on ] in Washington DC.

=== 2011 Allegations of contract mismanagement in Estonia through New-Fields Exhibitions ===
In November 2011, journalists from the Estonian public broadcaster conducted an enquiry into claims of employment contract mismanagement involving Estonian citizens on anti-piracy duties. The Estonian-language investigative journalism program ''Pealtnägija'' carries mention of a ship that serves as a hotel and weapons storehouse for several companies, including Advanfort. <ref>{{cite news|title=Anti-Piracy Guards Claim Marsec Company Advanfort Left Them Defenseless in Hazardous Waters|url=http://news.err.ee/6082c763-d9b3-4458-abce-5dc727697cb1|date=11 November 2011}}</ref>


On 10 July 2014, a judge of the Madras High Court dismissed the charges against the crew and armed guards, while reaffirming that the captain and the fuel vendor were liable to punishment for the ship's being refueled with subsidized diesel fuel.<ref>{{cite news |newspaper=Times of India|url=http://timesofindia.indiatimes.com/india/Madras-high-court-quashes-criminal-case-against-crew-of-US-ship/articleshow/38147206.cms|title=Madras high court quashes criminal case against crew of US ship|date=10 July 2014 }}</ref><ref>{{cite news |newspaper=Business Standard|url=http://www.business-standard.com/article/pti-stories/hc-quashes-invoking-of-arms-act-registerd-against-crew-of-us-114071001496_1.html|title=HC quashes invoking of Arms Act registered against crew of US|date=10 July 2014 }}</ref>
=== 2011 Arrest of Advanfort Texas and Advanfort Alaska in Eritrea ===
In 18 July 2011, the United Nations Monitoring Group for Somalia and Eritrea report 11-38008 (E) 260711 S/2011/433 carried mention of Eritrean authorities detaining two AdvanFort vessels : Advanfort Texas and Advanfort Alaska. Their crews were arrested in ], Eritrea.


On 1 July 2015, the Indian Supreme Court heard an appeal filed by the CID ‘Q’ Branch police against the 2014 judgement by the Madras High Court. Supreme Court Bench of Justices Vikramjit Sen and Abhay Manohar Sapre set aside the High Court's decision as “illegal and erroneous.” explaining that “The very fact that huge quantity of arms and ammunition were recovered from the possession of the crew members from the vessel and they were unable to satisfy their legal possession over such arms/ammunition is sufficient to attract the provisions of Arms Act,”.<ref>{{cite news|title=SC demands truth about mystery ship|url=http://www.thehindu.com/news/national/sc-demands-truth-about-mystery-ship-seaman-guard-ohio/article7387563.ece|newspaper=The Hindu|date=5 July 2015}}</ref> The Supreme Court ordered the Tuticorin District Principal Sessions Court to complete the trial of the case and give its judgment within six months.<ref>{{cite news|title=Framing of charges in armed vessel case on August 24|url=http://www.thehindu.com/news/national/tamil-nadu/framing-of-charges-in-armed-vessel-case-on-august-24/article7533343.ece|newspaper=The Hindu|date=24 August 2015}}</ref>
=== 2012 TIME article "Post-War Profiteering"===
On 27 February 2012, Mark Thompson of Time magazine published an article on the shady and shameful conferences on Iraq and cited the example of events organised by AdvanFort manager Samir Farajallah and his New-Fields Exhibitions. The article titled "Post-War Profiteering" portrays a dismal picture of conferences According to the article, Samir Farajallah is originally from the United Arab Emirates <ref>{{cite news|title=Post-War Profiteering|url=http://nation.time.com/2012/02/27/post-war-profiteering/|date=27 February 2012}}</ref>


On 11 January 2016, judge of Tuticorin District Principal Sessions Court sentenced all the 10 crew and 25 guards to undergo 5 years of imprisonment and a fine of Rs. 3000 each.<ref name="businessstandard">{{cite news | url=http://www.business-standard.com/article/news-ians/five-year-jail-terms-for-crew-guards-of-us-ship-116011100417_1.html | title=Five-year jail terms for crew, guards of US ship | newspaper=Business Standard India | date=11 January 2016 | publisher=business-standard | accessdate=11 January 2016}}</ref><ref name="The Hindu">{{cite news | url=http://www.thehindu.com/news/national/tamil-nadu/fiveyear-ri-for-35-us-ship-crew-members/article8092537.ece | title=Five-year RI for 35 U.S. ship crew members | newspaper=The Hindu | accessdate=11 January 2016}}</ref>
=== 2013 Guilty plea to illegal acquisition of firearms in USA ===
In 2013, AdvanFort pleaded guilty in a US court of illegally purchasing weaponry. U.S. District Court of the Eastern District of Virginia (Alexandria Division), in Case 1:13CR53 AdvanFort Company pled guilty to ''“Aiding and Abetting the Making of a False Statement During the Acquisition of Firearms,”''.


On 27 November 2017, the crew and guards were acquitted again. While the court's ruling is that all charges against the men be dropped, that they should be released from custody with immediate effect and the fines already paid be refunded the authorities have not yet indicated whether or not they are minded to challenge their second acquittal, accordingly they still remain in custody.<ref>{{Cite news|url=https://timesofindia.indiatimes.com/city/chennai/appeals-of-us-anti-piracy-ship-crew-madras-hc-to-pass-order-on-nov-27/articleshow/61726888|title=Appeals of US anti-piracy ship crew: Madras HC to pass order on Nov 27|date=2017-11-20|work=Times of India|access-date=2017-11-27|language=en-GB}}.cms</ref><ref>{{Cite news|url=https://www.bbc.co.uk/news/uk-england-42135559|title=Jailed Britons win India appeal|date=2017-11-27|work=BBC News|access-date=2017-11-27|language=en-GB}}</ref>
AdvanFort CEO Samir Farajallah's son Ahmed Farajallah who runs New-Fields Exhibitions, was arrested in July 2011 in Virginia, along with two others, for illegally purchasing 26 automatic weapons. His US citizenship was pending at the time. US law enforcement eventually confiscated the weapons cache.<ref>{{cite news|title=AdvanFort MV Seaman Guard Ohio : Ship detained in India had prior brushes with law|url=http://www.thehindu.com/news/international/armed-ship-in-india-had-prior-brushes-with-law/article5241232.ece?homepage=true|date=17 October 2013}}</ref>


== References == ==References==
{{Reflist|colwidth=30em}} {{Reflist|colwidth=30em}}


{{DEFAULTSORT:MV Seaman Guard Ohio}} {{DEFAULTSORT:Seaman Guard Ohio}}
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Latest revision as of 18:14, 8 January 2025

MV Seaman Guard Ohio photographed at Singapore, July 2012
History
OwnerAdvanFort
Port of registryFreetown, Sierra Leone
BuilderNarasaki Shipbuilding, Muroran, Japan
Yard number1064
Launched20 August 1984
Completed1984
Identification
General characteristics
Tonnage
Length45.93 metres (150.7 ft)
Beam7.32 metres (24.0 ft)
Installed power2800 bhp

The MV Seaman Guard Ohio is a floating armory ship owned by AdvanFort and used for storing weapons and security guards on private anti-piracy contracts. In October 2013, the ship was impounded and the crew and armed guards aboard were detained after it allegedly entered Indian waters with illegal arms without adequate permission.

Ship

The MV Seaman Guard Ohio is a Sierra Leone (flag of convenience)–flagged former fishery patrol vessel (Call Sign: 9LA2125, IMO: 8410691, MMSI: 667004026) owned and operated by AdvanFort, an American private maritime security company that provides commercial anti-piracy protection services to merchant vessels. The vessel is equipped with a wide array of directive and omnidirectional radio-communications sensors including numerous VHF, UHF, HF and satellite communications antennae, maritime radars and satellite navigation systems.

The ship was built for Hokkaido Prefecture by Narasaki Shipbuilding of Muroran, Japan, and was originally named the Kaio Maru. In May 2011 she was renamed Timor Navigator, and in January 2012 Seaman Guard Ohio.

History

Interception by Indian Coast Guard

Main article: AdvanFort § 2013 Seaman Guard Ohio incident

The MV Seaman Guard Ohio was intercepted on 12 October 2013 beyond the ICC CSS High Risk Area and within Indian Customs Waters by ICGS Naiki Devi. The vessel was escorted to the V.O. Chidambaranar Port in Thoothukudi (Tuticorin). The 10 crew and 25 guards were interrogated by a federal multi-agency joint investigation team comprising members of the Indian Coast Guard, Indian Navy, Customs, Research and Analysis Wing and the Q Branch of India's Intelligence Bureau.

On 10 July 2014, a judge of the Madras High Court dismissed the charges against the crew and armed guards, while reaffirming that the captain and the fuel vendor were liable to punishment for the ship's being refueled with subsidized diesel fuel.

On 1 July 2015, the Indian Supreme Court heard an appeal filed by the CID ‘Q’ Branch police against the 2014 judgement by the Madras High Court. Supreme Court Bench of Justices Vikramjit Sen and Abhay Manohar Sapre set aside the High Court's decision as “illegal and erroneous.” explaining that “The very fact that huge quantity of arms and ammunition were recovered from the possession of the crew members from the vessel and they were unable to satisfy their legal possession over such arms/ammunition is sufficient to attract the provisions of Arms Act,”. The Supreme Court ordered the Tuticorin District Principal Sessions Court to complete the trial of the case and give its judgment within six months.

On 11 January 2016, judge of Tuticorin District Principal Sessions Court sentenced all the 10 crew and 25 guards to undergo 5 years of imprisonment and a fine of Rs. 3000 each.

On 27 November 2017, the crew and guards were acquitted again. While the court's ruling is that all charges against the men be dropped, that they should be released from custody with immediate effect and the fines already paid be refunded the authorities have not yet indicated whether or not they are minded to challenge their second acquittal, accordingly they still remain in custody.

References

  1. "MSC 95th session meeting documents". IMO (International Maritime Organisation). IMO, London. Retrieved 12 January 2016.
  2. "IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 836 OF 2015 (Arising out of S.L.P.(Crl.)No. 7082 of 2014)" (PDF). supremecourtofindia.nic.in. Supreme Court of India. Archived from the original (PDF) on 4 March 2016. Retrieved 12 January 2016.
  3. "Police Arrests Crew of detained US Ship Seaman Guard Ohio". Retrieved 18 October 2013.
  4. "Seaman Guard Ohio". Marine Traffic. 12 October 2013. Archived from the original on 15 October 2013. Retrieved 15 October 2013.
  5. Amanda Hodge (16 October 2013). "India seizes US mercenary ship". The Australian.
  6. Bhaskar Balakrishnan (24 October 2013). "Rogue vessels in Indian waters". The Hindu Business Line.
  7. "Seaman Guard Ohio - 8410691 - Patrol Vessel" (PDF). Maritime Connector. Retrieved October 22, 2013.
  8. "Arms-laden US ship in Tuticorin: No clear answers yet". News X. 15 October 2013. Archived from the original on 17 October 2013.
  9. "Ship with armed guards detained in Indian waters". The Hindu. 13 October 2013.
  10. "US ship with armed guards detained at Tuticorin; no papers authorising possession of arms". NDTV. 13 October 2013.
  11. "India seizes armed anti-piracy ship owned by US security firm". Times of India. 13 October 2013.
  12. "Madras high court quashes criminal case against crew of US ship". Times of India. 10 July 2014.
  13. "HC quashes invoking of Arms Act registered against crew of US". Business Standard. 10 July 2014.
  14. "SC demands truth about mystery ship". The Hindu. 5 July 2015.
  15. "Framing of charges in armed vessel case on August 24". The Hindu. 24 August 2015.
  16. "Five-year jail terms for crew, guards of US ship". Business Standard India. business-standard. 11 January 2016. Retrieved 11 January 2016.
  17. "Five-year RI for 35 U.S. ship crew members". The Hindu. Retrieved 11 January 2016.
  18. "Appeals of US anti-piracy ship crew: Madras HC to pass order on Nov 27". Times of India. 2017-11-20. Retrieved 2017-11-27..cms
  19. "Jailed Britons win India appeal". BBC News. 2017-11-27. Retrieved 2017-11-27.
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