Private Maritime Security Companies Regulations Published

On the 8th March 2013, the Licensing of Private Maritime Security Companies Regulations 2013 (Subsidiary Legislation 480.05) were published by virtue of Legal Notice 110/2013.

The Regulations state that no company registered in Malta may carry out activities relating to maritime security without a licence. Such licence would allow the Maltese company to “acquire, purchase, import, keep, handle, possess, store, ship, export, transit, decommission or dispose of firearms, or ammunition for the purpose of providing protection against piracy or armed robbery at sea in a high risk area”.

The Regulations provide for the setting up of a “Private Maritime Security Licensing Board” (the “Board”) which administers the system for the issuing of a licence and is composed of six members: the Registrar General of Maltese Ships (also acting as Chairman) and a respective representative from the Police Force of Malta, the Department of Customs, the Ministry of Foreign Affairs, the Trade Services Directorate and the Security Services.

Prior to the issuing of a licence, the Maltese company would need to satisfy a number of conditions including inter alia

(i) the completion of the appropriate application form;

(ii) submission of certified copies of the passport and a clean police conduct certificate for each of the applicant’s directors and its senior members of management;

(iii) certified copies of the applicant’s insurance policies; certified copies of the applicant’s Standard Operating Procedures;

(iv) details of each of the security personnel employed with proof of the necessary adequate qualifications training and past work experience; and

(v) proof that the applicant has implemented a quality management system or risk management system as established by any international shipping community as being competent to carry out such accreditation.

The licence is valid for a period of four years and an annual licence fee is paid or renewed, as the case may be, by the 31st January of each year.