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Shipowner Urges Arming Against Pirates

The Journal of Commerce Online - News Story
Changes in State Department regulations needed, Liberty Maritime chief says

The U.S. government should change laws aimed at international arms trafficking to give commercial ships the ability to arm themselves against pirate attacks in the Indian Ocean, the owner of the Liberty Sun told a Senate hearing on Tuesday.

Phillip J. Shapiro, president of Liberty Maritime Corp., said Congress gave U.S.-flag vessels the right to carry arms for self-defense in the early 19th century, but 20th century State Department regulations are so restrictive that the law is virtually useless.

The bulk carrier Liberty Sun fended off an attack by Somali pirates on April 15.

"Today's legal framework actually prevents owners from arming their vessels for self-defense," Shapiro said. "Additionally, shipowners risk being second-guessed in U.S. courts for self-defensive measures that were common in 1817."

Shapiro said the International Traffic in Arms regulations effectively limit a U.S. ship's arms to small-caliber weapons, but the vessel must get permission to have them aboard from each port of call. The process is so complex that it's all but impossible to carry arms.

Until vessels can provide their own defense, Shapiro told the panel that U.S. ships should have naval escorts, or government security teams stationed aboard during the transit of high-risk areas.

Shapiro, along with government officials and two officers from the Maersk Alabama, Capt. Richard Phillips and Michael Perry, chief engineer, testified before the Senate Commerce subcommittee for maritime affairs. It was Phillips' second appearance before a Senate committee in less than a week.

Phillips said that in some cases ship's officers could be armed, or that a company could hire private security guards. He emphasized that the guards would have to be certified for the job and understand they were under the ship captain's command. He stressed that there was no single solution to the problem.

Perry told the committee that ships should be fortified with extra layers of protection, including three layers of armored doors leading to a safe room. The Maersk Alabama did not have a safe room for the crew. According to news reports, they hid in the engine room for 12 hours.

Phillips said that in the past few days, Somali pirates had changed their tactics to night attacks, when ships are most vulnerable.

Sen. John Thune, R-S.D., ranking Republican on the committee, asked Shapiro how the company had been affected by increases in war-risk insurance premiums. Shapiro said premiums had increased since the attack on the Maersk Alabama.

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