AUGUST 27, 2009 CIRCULAR NO. 21/09 TO MEMBERS OF THE ASSOCIATION Dear Member: PIRACY IN THE GULF OF ADEN AND OFF THE COAST OF SOMALIA: BEST MANAGEMENT PRACTICES FOR THE PURPOSE OF DETERRING PIRACY Reference is made to Circular No. 8/09 of March 10, 2009, to which was attached the February, 2009 version of Best Management Practices to Deter Piracy in the Gulf of Aden and off the coast of Somalia. That version of Best Management Practices has now been superseded by the attached document, recently compiled by EUNAVFOR in consultation with the industry organizations specified in the preamble to the paper. Your Managers urge strict adherence to the Best Management Practices in order to minimize both the physical risks of transiting the areas in question as well as the possibility of subsequent allegations of unseaworthiness and/or breach of duty which might be raised by charterers, cargo owners or other third parties in the event of an attempted, or successful, incident of piracy. It is hoped that the attached document is clear, but if there is anything further required by way of explanation, you Managers will be happy to respond. Yours faithfully, Joseph E.M. Hughes, Chairman & CEO Shipowners Claims Bureau, Inc., Managers for THE AMERICAN CLUB Version 2: 13 th August 2009 1 Best Management Practices to Deter Piracy in the Gulf of Aden and off the Coast of Somalia (Version 2 - August 2009) In an effort to counter piracy in the Gulf of Aden and off the Coast of Somalia, these best management practices are supported by the following international industry representatives:1. International Association of Independent Tanker Owners (INTERTANKO) 2. International Chamber of Shipping (ICS) 3. Oil Companies International Marine Forum (OCIMF) 4. Baltic and International Maritime Council (BIMCO) 5. Society of International Gas Tanker and Terminal Operators (SIGTTO) 6. International Association of Dry Cargo Ship Owners (INTERCARGO) 7. International Group of Protection and Indemnity Clubs (IGP&I) 8. Cruise Lines International Association (CLIA) 9. International Union of Marine Insurers (IUMI) 10. Joint War Committee (JWC) 11. International Maritime Bureau (IMB) 12 International Transport Workers Federation (ITF) These best management practices are also supported by :1) Maritime Security Centre Horn of Africa (MSCHOA) 2) UK Maritime Trade Organisation (UKMTO Dubai) 3) Maritime Liaison Office (MARLO) Version 2: 13 th August 2009 2 SUGGESTED PLANNING AND OPERATIONAL PRACTICES FOR OWNERS, OPERATORS, MANAGERS AND MASTERS OF SHIPS TRANSITING THE GULF OF ADEN AND OFF THE COAST OF SOMALIA PURPOSE 1. The purpose of this document is to provide Best Management Practices (BMP) to assist companies and ships in avoiding piracy attacks, deterring attacks and delaying successful attacks in the Gulf of Aden (GoA) and off the Coast of Somalia. The organisations consulted on this document represent the vast majority of ship owners and operators transiting the region. 2. These organisations will encourage their members to utilise these BMP and will endeavour to promulgate these to other shipping interests as BMP for combating piracy in the region. This document complements guidance provided in the IMO MSC Circular MSC.1/Circ.1334 TYPICAL ATTACK PROFILES AND LESSONS LEARNT 1. During 2008, and the first half of 2009, an increase in the number of pirate attacks on merchant ships occurred throughout the GoA and off the coast of Somalia and within the wider North West Indian Ocea