This document discusses the legal implications of using private military/maritime security companies (PMSCs) in economic exclusive zones (EEZs) and contiguous zones. It defines an EEZ as extending 200 nautical miles from shore where coastal states have sovereign rights over resources and economic activities. The contiguous zone extends up to 24 nautical miles where coastal states can enforce laws to prevent infringement. PMSCs provide armed security services. They are governed by the non-binding Montreux Document and the International Code of Conduct for Private Security Service Providers which provide guidelines around use of force, weapons management, and human rights/international law compliance.

1. LEGAL IMPLICATIONS OF USE OF PRIVATE
MILITARY/MARITIME SECURITY COMPANIES
(PMSCS1/2) IN ECONOMIC EXCLUSIVE
ZONES AND CONTIGUOUS ZONES
Helen Tung
Barrister, One Temple Avenue Chambers
PhD Candidate, University of Greenwich, May 2014
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2. QUESTIONS
1. What is the definition of EEZ?
2. What is the definition of Contiguous zone?
3. What is PMSCs1/2 + PCASP1 ?
4. What governs PMSCs?
(i) Montreux Document;
(ii) ICoC;
(iii) PSC1;
(iv) ISO 20078.
5. What is the relationship b/w PMSC and coast guard?
6. Implications in transfer of weapons/equipment?
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3. 1. WHAT IS THE DEFINITION OF EEZ?
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4. 1. WHAT IS THE DEFINITION OF EEZ?
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5. 1. WHAT IS THE DEFINITION OF EEZ?
 EEZ – UN Convention on Law of the Sea
 Rights over maritime resources, water & wind
 From baseline 200 nautical miles
 Part V, Article 55 of the Convention states:
Specific legal regime of the exclusive economic zone. The exclusive
economic zone is an area beyond and adjacent to the territorial sea,
subject to the specific legal regime established in this Part, under which
the rights and jurisdiction of the coastal State and the rights and
freedoms of other States are governed by the relevant provisions of this
Convention.
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geography.about.com

6. 1. WHAT IS THE DEFINITION OF EEZ?
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geography.about.com
Source of conflict:
- Cod Wars: UK v Iceland
- Svalbard archipelago: Norway v Russia
- South China Sea/ Spratly Islands
- Beauford Sea (oil reserves): US v Canada
- claims for Tromelin: Mauritius v (1) France and (2) UK
- EEZ overlap: Cyprus v Turkey

7. 1. WHAT IS THE DEFINITION OF EEZ?
 Article 60- Artificial islands, installations and structures in the exclusive economic zone
 1. In the exclusive economic zone, the coastal State shall have the exclusive right to construct
and to authorize and regulate the construction, operation and use of:
(a) artificial islands;
(b) installations and structures for the purposes provided for in article 56 and other economic purposes;
(c) installations and structures which may interfere with the exercise of the rights of the coastal State in the
zone.
 2. The coastal State shall have exclusive jurisdiction over such artificial islands, installations
and structures, including jurisdiction with regard to customs, fiscal, health, safety and
immigration laws and regulations.
 5. The breadth of the safety zones shall be determined by the coastal State, taking into account
applicable international standards. Such zones shall be designed to ensure that they are
reasonably related to the nature and function of the artificial islands, installations or structures,
and shall not exceed a distance of 500 metres around them, measured from each point of their
outer edge, except as authorized by generally accepted international standards or as
recommended by the competent international organization. Due notice shall be given of the
extent of safety zones.
 6. All ships must respect these safety zones and shall comply with generally accepted
international standards regarding navigation in the vicinity of artificial islands, installations,
structures and safety zones.
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8. 1. WHAT IS THE DEFINITION OF EEZ?
 Article73
 Enforcement of laws and regulations of the coastal State
 1. The coastal State may, in the exercise of its sovereign rights to
explore, exploit, conserve and manage the living resources in the
exclusive economic zone, take such measures, including boarding,
inspection, arrest and judicial proceedings, as may be necessary to
ensure compliance with the laws and regulations adopted by it in
conformity with this Convention.
 2. Arrested vessels and their crews shall be promptly released upon the
posting of reasonable bond or other security.
 3. Coastal State penalties for violations of fisheries laws and regulations
in the exclusive economic zone may not include imprisonment, in the
absence of agreements to the contrary by the States concerned, or any
other form of corporal punishment.
 4. In cases of arrest or detention of foreign vessels the coastal State
shall promptly notify the flag State, through appropriate channels, of the
action taken and of any penalties subsequently imposed.
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9. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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10. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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SECTION 1. GENERAL PROVISIONS
Article2
Legal status of the territorial sea, of the air space
over the territorial sea and of its bed and subsoil
1. The sovereignty of a coastal State extends, beyond its land territory
and internal waters and, in the case of an archipelagic State, its
archipelagic waters, to an adjacent belt of sea, described as the territorial
sea.
2. This sovereignty extends to the air space over the territorial sea as well
as to its bed and subsoil.
3. The sovereignty over the territorial sea is exercised subject to this
Convention and to other rules of international law.

11. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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Article8
Internal waters
1. Except as provided in Part IV, waters on the landward side of the
baseline of the territorial sea form part of the internal waters of the
State.
2. Where the establishment of a straight baseline in accordance with the
method set forth in article 7 has the effect of enclosing as internal waters
areas which had not previously been considered as such, a right of
innocent passage as provided in this Convention shall exist in those
waters.
Article12
Roadsteads
Roadsteads which are normally used for the loading, unloading and
anchoring of ships, and which would otherwise be situated wholly or
partly outside the outer limit of the territorial sea, are included in the
territorial sea.

12. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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SECTION 3.
Article17 & Right of innocent passage Article18 Meaning of passage
1. (a) traversing that sea ..outside internal waters; or
(b) proceeding to or from internal waters or a call at such roadstead or port facility.
2. Passage shall be continuous and expeditious. However, passage includes stopping
and anchoring, but only in so far as the same are incidental to ordinary navigation or
are rendered necessary by force majeure or distress or for the purpose of rendering
assistance to persons, ships or aircraft in danger or distress.
Article20
Submarines and other underwater vehicles
In the territorial sea, submarines and other underwater vehicles are
required to navigate on the surface and to show their flag.

13. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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Article19
Meaning of innocent passage
1. Not prejudicial to the peace, good order or security of the coastal State.
2. Passage of a foreign ship shall be considered to be prejudicial to the peace, good
order or security of the coastal State if in the territorial sea it engages in any of the
following activities:
(a) threat /use of force; (b) any exercise or practice with weapons of any kind;
(c) collecting information to the prejudice of the defence or security of the coastal State;
(d) any act of propaganda , (e) the launching, landing or taking on board of any aircraft;
(f) the launching, landing or taking on board of any military device;
(g) the loading or unloading of any commodity, currency or person contrary to the customs, fiscal,
immigration or sanitary laws and regulations of the coastal State;
(h) any act of wilful and serious pollution contrary to this Convention;
(i) any fishing activities;
(j) the carrying out of research or survey activities;
(k) interfering with any systems of communication or any other facilities or installations of the coastal
State;
(l) any other activity not having a direct bearing on passage.

14. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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Article21
Laws and regulations of the coastal State relating to innocent passage
1. The coastal State may adopt laws and regulations, in conformity with the provisions
of this Convention and other rules of international law, relating to innocent passage
through the territorial sea, in respect of all or any of the following:
(a) the safety of navigation and the regulation of maritime traffic;
(b) the protection of navigational aids and facilities and other facilities or installations;
(c) the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the prevention, reduction and control
of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration or sanitary laws and
regulations of the coastal State.

15. 2. WHAT IS THE DEFINITION OF CONTIGUOUS
ZONE?
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2. Such laws and regulations shall not apply to the design, construction, manning or
equipment of foreign ships unless they are giving effect to generally accepted
international rules or standards.
3. The coastal State shall give due publicity to all such laws and regulations.
4. Foreign ships exercising the right of innocent passage through the territorial sea
shall comply with all such laws and regulations and all generally accepted international
regulations relating to the prevention of collisions at sea.

16. 3. WHAT IS PMSCS1/2?
 Private Military Security Companies (PMSC1)
 Private Maritime Security Companies (PMSC2)
 Private Contract Armed Security Personnel
(PCASP 1)
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17. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT
http://www.imo.org/OurWork/Security/PiracyArmedRobbery/
Guidance/Documents/MSC.1-Circ.1443.pdf
 PMSC1
 17 September 2008
 Good practice
 Respect for International humanitarian law
 Part 1: Contracting States, Territorial States and Home
States
 Conduct of private person
 Responsibilities of PMSCs and personnel
 Part 2: regulating PMSCs, weapons and armed services
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18. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 Joint doc
 1. Afghanistan
2. Angola
3. Australia
4. Austria
5. Canada
6. China
7. France
8. Germany
9. Iraq
10. Poland
11. Sierra Leone
12. South Africa
13. Sweden
14. Switzerland
15. United Kingdom
16. Ukraine
17. United States of
America
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18. Former Yugoslav Republic of Macedonia
(3 February 2009)
19. Ecuador (12 February 2009)
20. Albania (17 February 2009)
21. Netherlands (20 February 2009)
22. Bosnia and Herzegovina (9 March 2009)
23. Greece (13 March 2009)
24. Portugal (27 March 2009)
25. Chile (06 Avril 2009)
26. Uruguay (22 Avril 2009)
27. Liechtenstein (27 Avril 2009)
28. Qatar (30 Avril 2009)
29. Jordan (18 May 2009)
30. Spain (20 May 2009)
31. Italy (15 June 2009)
32. Uganda (23.07.2009)
33. Cyprus (29.09.2009)
34. Georgia (22.10.2009)
35. Denmark (09.08.2010)
36. Hungary (01.02.2011)
37. Costa Rica (25.10.2011)
38. Finland (25.11.2011)
39. Belgium (28.02.2012)
40. Norway (08.06.2012)
41. Lithuania (13.06.2012)
42. Slovenia (24.07.2012)
43. Iceland (22.10.2012)
44. Bulgaria (08.01.2013)
45. Kuwait (02.05.2013)
46. Croatia (22.05.2013)
47. New Zealand (14.10.2013)
48. Czech Republic
(14.11.2013)
49. Luxembourg (27.11.2013)
50. Japan (6.2.2014)

19. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 Swiss Fed Gov & Int. Committee of the Red Cross
 Not legally binding
 Contracting States: obligations that personnel
understand obligations
 Take measures to suppress violations of international
humanitarian law (IHL)
 Geneva Conventions
 Obligation to investigate & punish
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20. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 Territorial states:
 Disseminate text of Geneva Conventions
 Preventive measures against violations of IHL
 Investigate and prosecute
 Home States:
 As above
 All other States: as above, Int. Criminal Tribunal
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21. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 PMSC and personnel
 Comply with IHL and human rights law & national
applicable law e.g immigration & labour
 Part II: 1. services
 2. selection & contracting
 3. Criteria & selection
 4. Terms of contract
 5. Monitoring compliance and ensuring accountability
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22. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 B. Good practices for territorial state
 procedures
 Criteria
 Terms of authorisation
 Rules on the provision of services
 Art. 43 ‘use of force and firearms’
 a) only in self-defence or defence of third persons;
 B) reporting to and cooperation with competent
authorities in the case of use of force and firearms
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23. 4. WHAT GOVERNS PMSCS? (I) MONTREUX
DOCUMENT;
 44. To have in place appropriate rules on the possession of weapons by PMSCs and their
personnel ,such as:
a) limiting the types and quantity of weapons and ammunition that a PMSC may import,
possess or acquire;
b) requiring the registration of weapons, including their serial number and calibre, and
ammunition, with a competent authority;
c) requiring PMSC personnel to obtain an authorization to carry weapons that is shown
upon demand;
d) limiting the number of employees allowed to carry weapons in a specific context or area;
e) requiring the storage of weapons and ammunition in a secure and safe facility when
personnel are off duty;
f) requiring that PMSC personnel carry authorized weapons only while on duty;
g) controlling the further possession and use of weapons and ammunition after an assignment
is completed, including return to point of origin or other proper disposal of weapons
and ammunition.
* No specific reference to EEZ or Contiguous zone, safe for compliance with IHL/ International
law
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24. 4. WHAT GOVERNS PMSCS? (II) ICOC;
 International Code of Conduct for Private Security
Service Providers
 9 November 2010
 15 pages
 Definitions- guard & protect
 Stakeholders – work to national standards
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25. 4. WHAT GOVERNS PMSCS? (II) ICOC
 Use of Force
30. Signatory Companies will require their Personnel to take all reasonable steps to avoid
the use of force. If force is used, it shall be in a manner consistent with applicable law.
In no case shall the use of force exceed what is strictly necessary, and should be
proportionate to the threat and appropriate to the situation.
31. Signatory Companies will require that their Personnel not use firearms against
persons except in self-defence or defence of others against the imminent threat of
death or serious injury, or to prevent the perpetration of a particularly serious crime
involving grave threat to life.
32. To the extent that Personnel are formally authorized to assist in the exercise of a
state's law enforcement authority, Signatory Companies will require that their use of
force or weapons will comply with all national and international obligations applicable
to regular law enforcement officials of that state and, as a minimum, with the
standards expressed in the United Nations Basic Principles on the Use of Force and
Firearms by Law Enforcement Officials (1990).
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26. 4. WHAT GOVERNS PMSCS? (II) ICOC
 Prohibitions
 Torture, Cruel, Inhuman or degrading Treatment,
Art. 34
 Sexual Abuse, Art. 38
 Human Trafficking, Art. 39
 Prohibition of Slavery & Forced labour, Art. 40
 Child labour, Art. 41
 Vetting & selection, Art. 45 - 51
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27. 4. WHAT GOVERNS PMSCS? (II) ICOC
 Management of Weapons
56. Signatory Companies will acquire and maintain authorizations for the possession and
use of any weapons and ammunition required by applicable law.
57. Signatory Companies will neither, and will require that their Personnel do not,
possess nor use weapons or ammunition which are illegal under any applicable law.
Signatory Companies will not, and will require that their Personnel not, engage in any
illegal weapons transfers and will conduct any weapons transactions in accordance
with applicable laws and UN Security Council requirements, including sanctions.
Weapons and ammunition will not be altered in any way that contravenes applicable
national or international law.
58. Signatory Company policies or procedures for management of weapons and
ammunitions should include:
a) secure storage;
b) controls over their issue;
c) records regarding to whom and when weapons are issued;
d) identification and accounting of all ammunition; and
e) verifiable and proper disposal.
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28. 4. WHAT GOVERNS PMSCS? (II) ICOC
 Meeting Liabilities
69. Signatory Companies will ensure that they have sufficient
financial capacity in place
at all times to meet reasonably anticipated commercial liabilities
for damages to any person in respect of personal injury, death
or damage to property. Sufficient financial
capacity may be met by customer commitments, adequate
insurance coverage, (such as by employer’s liability and public
liability coverage appropriately sized for the scale
and scope of operations of the Signatory Company) or self
insurance/retention.
Where it is not possible to obtain suitable insurance cover, the
Signatory Company will make alternative arrangements to
ensure that it is able to meet such liabilities.
Q. What insurance companies would cover this?
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29. 4. WHAT GOVERNS PMSCS? (II) ICOC
 Oversight
- Association for the International Code of Conduct for
Private Security Service Providers in Sept 2013
- 1 August 2013 – 708 members
- UK contributed £300,000 funding
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30. 4. WHAT GOVERNS PMSCS? (III) PSC1
 Management System for Quality of Private Security
Company Operations (ANSI/ASIS PSC1- 2012)
 ASIS Standards and Guidelines
 ASIS International Standards & Guidelines Commission
 March 5, 2012, American National Standards Institute
 ASIS (38,000 members)
 120 pages
 Plan-Do-Check-Action
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31. 4. WHAT GOVERNS PMSCS? (III) PSC1
 Risk factors
 Planning – legal, regulatory & other requirements
 Art. 9.2.5 Procurement and Management of Weapons,
Hazardous Materials and Munition
a) compliance with registrations, certificates & permits;
b) acquisition;
c) secure storage;
d) controls, ID, use, maintenance, return & loss;
e) records – whom & when weapons issued
f) ID and account for all ammunition & weapons
g) proper disposal with verification
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32. 4. WHAT GOVERNS PMSCS? (III) PSC1
 9.3 Competence & training
e) The use of weapons and force that is reasonably
necessary, proportional, and lawful
A.9.5.2 Procurement and management of weapons,
hazardous materials and munitions
A.9.5.3 Rule for Use of Force & Use of Force training
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33. 4. WHAT GOVERNS PMSCS?
(IV) ISO 20078
 ISO/PAS 28007:2012 Ships and marine technology -
Guidelines for Private Maritime Security Companies
(PMSC) providing privately contracted armed
security personnel (PCASP) on board ships (and pro
forma contract).
 Benefits of ISO/PAS 28007
 credibility
 Best Practice –
 Reduced costs – LT
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34. 5. WHAT IS THE RELATIONSHIP B/W PMSC
AND COAST GUARD?
 Section 912 of the 2010 Coast Guard Authorization
Act (Public Law 111-281):
“an owner, operator, time charterer, master, mariner,
or individual who uses force or authorizes the use
of force to defend a vessel of the United States
against an act of piracy shall not be liable for
monetary damages for any injury or death caused
by such force to any person engaging in an act of
piracy if such force was in accordance with
standard rules for the use of force in self-defense of
vessels prescribed by the Secretary.” (emphasis
added) (PSA 3-09) provides guidance on self-
defense and references “High Risk Waters”
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35. 5. WHAT IS THE RELATIONSHIP B/W PMSC
AND COAST GUARD?
 Arms on Board
 Japan: Security on Board= prohibited
 Possession of weapons = prohibited
 Prohibition – Japanese Firearms and Swords Control Law
 Use of PMSCs1/2?
 UK: not restrictions re PMSCs on board
 Possessions controlled y UK firearms legislation
 Carriage of weapons = contravention under current laws
 Acknowledgement of PMSCs
Ref:
 http://www.ukpandi.com/fileadmin/uploads/uk-pi/Documents/Piracy/privatearmedguardsflagstateregs.pdf
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36. 5. WHAT IS THE RELATIONSHIP B/W PMSC
AND COAST GUARD?
 IHL
 UK context – firearms act
 Issue of legitimacy?
6. Implications in transfer of
weapons/equipment?
 National legislation
 Recognition
 Legal/illegal
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37. 5. WHAT IS THE RELATIONSHIP B/W PMSC
AND COAST GUARD?
 Scenario:
2. Unmanned Vehicle
Control by Navy; collision or death?
Responsibility? Consequences?
2. Unmanned vehicle – sub-contracted?
Control subcontracted; collision or death?
Responsibility? Consequences?
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38. Thank you
 Helen.tungcw@gmail.com
 http://helentung.blogspot.co.uk/
 onetempleavenue.co.uk/barristers/helent.html
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