Yesterday on March 28, 2012, Bimco has officially announced its long waiting contract for the employment of security guards on vessels—the Guardcon.

 

After a quick view of the entire standard contract with its explanatory notes and guidance on the rules of the use of force, I can now give you some firsthand brief introduction.

 

The contract is signed between Owners and Contractors, in which the owner is not restricted to the actually owning entity of the vessel, whereas a disponent owner also has the right to do so.

 

According to Guardcon, there are two types of employment of security service—Single Transit and Multiple Transit.

For a single transit, the contract is effective from the date stated in “Date of commencement of Contract” and valid until disembarkation of the security personnel and the security equipment.

 

For a multiple transit, the duration shall be at least for 12 months and thereafter unless terminated by either party giving not less than 30 days notice.

 

The security service provided by the contractor shall be a security team minimum of 4 personnel including 1 team leader.

 

The security service is not limited to provide protection for vessel against any actual acts of piracy or whatsoever jeopardize the safe transit, it also applies to the perceived or threatened ones. And during the transit the security team shall also act upon lawful instructions of the Master.

 

Whether to carry firearms and ammunition on board is optional, but non-lethal security equipment shall be provided by the contractor.

 

The contractor shall not only obtain permits from its country of incorporation and/or operation, but also from the countries where the security personnel obtain their passports and countries of embarkation/disembarkation point. Failure to do so will indemnify the owner for any loss as a result.

 

The fees and expenses can be calculated by daily rate or a lump sum. And the payment shall be electronic transfer, no cash please.

 

The owner may terminate the contract forthwith at any time by written notice if the flag state either withdraws or does not in the first instance agree in writing to permit and give the flag state authorization or license necessary to perform such a contract. The liabilities and dispute resolutions remain undisrupted even if the contract is terminated.

 

Additional clauses and special provisions can be adopted on a mutually agreed basis.

 

The arbitration can be held at London, New York or a third place signed by both parties in the contract.

 

The risks on board the vessel during service period of security personnel is of his own and owner’s side shall take no liabilities. Appropriate insurance should be arranged by the personnel himself and/or the contractor.

 

It is contractor’s obligation to ensure at no time the crew shall be permitted to handle the firearms.

Each security personnel should have STCW training and a yellow fever card.

 

The liability and indemnity of owners’ group and contractors’ group is expressly on a knock for knock agreement.

No drugs no alcohol and no claim of salvage from security personnel and/or contractor.

 

And at last keep your mouth shut until forever unless required by law.