Misplaced Pages

This is an old revision of this page, as edited by Deskana (talk | contribs) at 14:15, 17 October 2013 (→2013 Guilty plea to illegal acquisition of firearms in USA: remove section that does not appear to have anything to do with the subject of the article ([WP:UNDUE as well)). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

MV Seaman Guard Ohio is a Sierra Leone-flagged fishery patrol vessel (Call Sign: 9LA2125, IMO: 8410691, MMSI: 667004026) owned and operated by AdvanFort, a Virginia (USA) based Private Security Company (PSC) that provides commercial anti-piracy protection services to merchant vessels. AdvanFort is owned by Samir Farajallah. His son Ahmed Farajallah manages AdvanFort.

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). 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.

Unauthorised entry into Indian Waters

On 11 October 2013, Indian Coast Guard detained Seaman Guard Ohio after the vessel entered Indian waters close to the International Maritime Boundary Line in the Bay of Bengal without obtaining a Pre-Arrival Notification for Security (PANS) for the 6 British, 14 Estonian, 4 Indian and 1 Ukrainian 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.

Interception by Indian Coast Guard

The Seaman Guard Ohio was intercepted beyond the 'ICC-CSS High Risk Area' and within the Indian Customs Waters by ICGS Naiki Devi. The vessel was escorted to the VOC Chidambaranar Port in Thoothukudi. 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.

AdvanFort admitted that the vessel entered Indian waters and claimed that the vessel did so partly to avoid the effects of Cyclone Phailin which made land-fall at Gopalpur, Odisha over 1000 kilometers from Thoothukudi. “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. Thomas Chacko of AdvanFort conceded that the vessel had no permission to sail into the Indian waters.

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”. 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 Strait of Malacca and now in the Persian Gulf. 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"

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, Indian Navy, Customs, Research and Analysis Wing (RAW) and the Q Branch of Intelligence Bureau. "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.

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. 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.

Tamil Nadu Marine Police are investigating customs and immigration issues related to the Sierra Leone-flagged ship. 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.

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.

Central Industrial Security Force (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.

Domestic policies and political considerations

In the aftermath of the 2011 Mumbai bombings, 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,".

The US consulate in Chennai 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 Enrica Lexie incident, 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.

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.

Adam Lichtenheld claims that New-Fields Exhibitions receives sponsorship from security contractor company Triple Canopy. 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 Bird Flu 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.

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 Massawa, Eritrea.

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

References

1. "Seaman Guard Ohio". Marine Traffic. 12 October 2013.
2. "India seizes US mercenary ship". The Australian. 16 October 2013.
3. "Arms-laden US ship in Tuticorin: No clear answers yet". News X. 15 October 2013.
4. "MHA seeks detailed report on US ship carrying arms". New Indian Express. 15 October 2013.
5. "AdvanFort thanks Indian officials for providing safe harbor for its vessel". Piracy Daily. 13 October 2013.
6. "MHA seeks detailed report on US ship carrying arms". New Indian Express. 15 October 2013.
7. "Foreign ship entered Indian waters intentionally". 16 October 2013.
8. "India seizes US mercenary ship with floating armoury". The Australian. 16 October 2013.
9. "Know the detained USA ship-MV Seaman Guard Ohio". OneIndia News. 17 October 2013.
10. "Ship with armed guards detained in Indian waters". The Hindu. 13 October 2013.
11. "US ship with armed guards detained at Tuticorin; no papers authorising possession of arms". NDTV. 13 October 2013.
12. "India seizes armed anti-piracy ship owned by US security firm". Times of India. 13 October 2013.
13. "India Charges Crew of Detained US Ship Seaman Guard Ohio". IB Times. 16 October 2013.
14. "India seizes Sierra Leone-flagged ship Seaman Guard Ohio owned by Virginia-based AdvanFort". Reuters. 13 October 2013.
15. "Tamil Nadu Marine Police to bring out facts on ship with arms". Zee News. 13 October 2013.
16. "US ship with arms was in Indian waters for a month". Times of India. 16 October 2013.
17. "US Ship won't move till probe completed: Shipping Minister G.K.Vasan". Hindustan Times. 16 October 2013.
18. "Foreign vessel and crew booked under Arms Act". 16 October 2013.
19. "Why is govt "silent" on merchant vessels carrying arms: BJP". Economic Times. 15 October 2013.
20. "Arms-laden US ship in Tuticorin: Why this silence?". Zee News. 16 October 2013.
21. Isenberg, David. "Why Fighting Pirates Is Both Good and Bad for PSC". Retrieved 10 November2012. {{cite web}}: Check date values in: |accessdate= (help)
22. "Private Security and Armed Military Guards: Minimising State Liability in the Fight Against Maritime Piracy". RUSI Journal. Retrieved 10 November 2012.
23. Brown, James. "PIRATES AND PRIVATEERS: MANAGING THE INDIAN OCEAN'S PRIVATE SECURITY BOOM". Lowy Institute for International Policy. Retrieved 11 November 2012.
24. Katz, Alan (28 November 2012). "Brother Shot Dead Fishing Tests Armed Guards' Accountability". BloombergBusinessweek. Retrieved 9 December 2012.
25. Phillips, Roger L. (9 March 2012). "The Enrica Lexie Incident – Private Security Counterpoint". piracy Law. Retrieved 3 January 2013.
26. "India wants rollback of piracy zone". Retrieved 15 January 2012.
27. "Unlicensed "New-Fields Exhibitions" Claims To Provide Clients Easy Access in Iraq". 01 July 2009. {{cite news}}: Check date values in: |date= (help)
28. "Anti-Piracy Guards Claim Marsec Company Advanfort Left Them Defenseless in Hazardous Waters". 11 November 2011.
29. "Post-War Profiteering". 27 February 2012.

• International maritime incidents
• Maritime incidents in 2013