Background
During August 2011, the Egyptian Authorities announced that commercial vessels in Egyptian territorial waters were not allowed to carry any weapons or armed security guards onboard as this was stated to be contrary to international maritime law. Consequences in case weapons were found onboard vessels when staying in Egyptian territorial waters whether that be along quays in ports, while anchoring in the inner or outer waiting areas or while transiting the Suez Canal, were reported to be serious. The master of the vessel and her crew members would be liable to legal penalties in accordance with Egyptian Law such as arrest of the vessel and her master, and any person onboard carrying weapons without permission.

Gard’s understanding is that the above described prohibition notice by the Egyptian Authorities on carrying weapons through the Suez Canal was originally introduced as a precautionary measure to prevent weapons being smuggled to/from Egypt during a period with somewhat unstable conditions in the country.

It appears, however, that implementation of the said requirements have not been carried out in practice, mainly due to the difficulties associated with the implementation itself but also due to the somewhat negative effect it would have on the shipping business in the area. Gard’s correspondent in Egypt advices that, to their knowledge, no searches of any kind have been carried out onboard vessels, neither during Suez Canal transits nor during port stays.

New instructions
Reportedly, the Egyptian Authorities have now withdrawn the previously announced prohibition notice and instead all vessels carrying weapons and armed security guards onboard when entering Egyptian territorial waters are now required to present a letter certified by the vessel’s flag state detailing:

  • name of ship and the shipowners;
  • list of weapons and ammunitions carried onboard;
  • number of armed guards onboard; and
  • the identity of the employers of the armed guards onboard.

According to the authorities, the letter should also include a confirmation that the weapons and ammunition carried onboard will not be used during the vessel’s presence in the Egyptian territorial waters.

Recommendations and advice
Prior to entering Egyptian territorial waters, Members and Clients should ensure that the vessel carries the certified letter in accordance with the new instructions announced by the Egyptian Authorities.

There are currently no indications as to how Egyptian Authorities plan to implement and follow-up the new requirements for vessels transiting the Suez Canal and the consequences were weapons to be found onboard vessels not in possession of the required letter. Hence, Members and Clients should contact their local agents for the latest information on the requirements of the Authorities and make the necessary arrangements accordingly.

 

有关船上武器和武装警卫的新要求 – 埃及/苏伊士运河

背景

2011年8月，埃及当局发出通知，进入埃及海域的商业船舶不得携带任何武器或者配备武装警卫人员，因为这有违国际海事法律的规定。一旦在船上发现武器后果非常严重，船长和船员都将会按埃及法律受到处罚，比如扣船，逮捕船长和其他未经许可携带武器上船的人员。

Gard保赔协会认为，埃及当局这一禁令的初衷是为了预防武器走私。而实际上这一禁令并未实施，主要原因是：第一，该规定在操作上很难执行；第二，执行该禁令会对该地区的航运业务带来负面影响。根据协会当地通代反应的情况所知，埃及当局并未对任何船舶进行搜查。

新要求
据报道，埃及当局现已撤回该禁令，取而代之的是，要求所有携带武器和配备武装警卫的船舶，在进入埃及海域时提供经船旗国验证过的声明，声明内容包含：

  • 船名和船东
  • 在船武器及弹药清单
  • 在船武装人员数目
  • 在船武装人员其雇主的身份

另外，还需注明：保证在埃及海域不得使用在船武器和弹药。

建议和忠告
协会建议，在船舶进入埃及海域之前，会员应该确保取得埃及当局要求的上述声明文件。

至于埃及当局如何实施该新要求，对船上有武器却没有上述文件的船舶如何处理，目前尚不清楚。会员须联系当地代理以了解有关的最新信息，并做相应安排。