Curtas do Bryant´s

White House – Executive Order persons contributing to the conflict in Somalia

The White House released an Executive Order signed by President Obama that blocks all property and interests in property of any person listed in the Annex to the Executive Order and any other person determined by the Secretary of the Treasury to have engaged in acts that directly or indirectly threaten the peace, security, or stability of Somalia. The text of a Message to Congress concerning Somalia was also released. At the same time, the Office of Foreign Assets Control (OFAC) issued a Bulletin listing various and entities that have been added to (or changed on) its list of Specially Designated Nationals (SDNs) referred to in the Executive Order. (4/13/10). I find the new Executive Order re Somalia to be highly confusing. Piracy and armed robbery at sea off the coast of Somalia are mentioned in the preamble of the Executive Order, but the real focus seems to be on individuals and entities that threaten the Transitional Federal Government of Somalia and the African Union Mission in Somalia (AMISOM). The OFAC Bulletin revising the list of Specially Designated Nationals (SDNs) seems to be addressing Al-Shabaab and its leadership. There may be a pirate or two on the list, but I can’t tell for sure, not knowing the pirates or Al-Shabaab that well. The Executive Order does not mention whether the payment of ransom to pirates, Al-Shabaab, or anyone else is prohibited. Certainly, the federal government took no action when at least one US company paid ransom to rebels/terrorists in Latin America. The Executive Order does succeed in causing uncertainty within the international maritime community. At the moment, there are no US citizens or US-registered vessels being held hostage by Somali pirates. There are citizens and ships of allied nations being held hostage though. Could a zealous US Attorney charge a foreign ship owner (or its insurer) that has a US presence for paying a ransom to the pirates? It is now a possibility. While there might not be a conviction, there could easily be a messy court proceeding if such charges were brought. Assuming that Al-Shabaab (and their fellow-travelers) is the real target here, inclusion of the mention of piracy in the Executive Order is unfortunately misleading. If piracy is one of the intended targets of the Executive Order, then it should have been more clearly stated. Then again, possibly this uncertainty was intentional.

UK – House of Lords report on Combating Somali Piracy

The European Union Committee of the UK House of Lords released its report on Combating Somali Piracy: the EU’s Naval Operation Atalanta. The 114-page report is highly nuanced and comprehensive. The report condemns piracy and expresses strong support for efforts to eradicate it. Use of private security guards on merchant vessels is opposed, but assignment of military personnel to civilian vessels transiting high-risk waters is endorsed. Payment of ransom to pirates to secure the release of hijacked ships and crews is confirmed to not be an offense under either international or UK law, even though its necessity is highly regrettable. Marine insurance companies are encouraged to require ship owners to adopt best management practices to reduce the risk of hijacking by pirates. (4/14/10).

DOS – signing of Megaports Agreement with Argentina

The US Department of State (DOS) issued the remarks delivered by Secretary Clinton at the signing of the Megaports Agreement with Argentina. The agreement is intended to reduce the risk of smuggling of nuclear and other radioactive material. It provides for installation of radiation detection equipment and associated infrastructure in the Port of Buenos Aires. (4/13/10).

Great Barrier Reef – update re Shen Neng 1

Maritime Safety Queensland (MSQ) issued a media release stating that initial reports from divers indicate that the Shen Neng 1 incurred substantial damage to the bottom in way of the engine room. Workers are removing a small amount of oil, presumed to be from the vessel, that washed ashore on North West Island, about ten miles from the site of the April 3 grounding. (4/14/10).

RMS Titanic sinks – April 15, 1912

On this date 98 years ago, the RMS Titanic of the White Star Line sank in the North Atlantic several hours after having struck an iceberg. The ship was on its maiden voyage. Of the 2,223 persons on board, 1,517 died, due in large part to the fact that there was not enough lifeboat capacity for all on board. The International Convention on Safety of Life at Sea (which was a direct outgrowth of the tragedy) set minimum standards for lifeboat capacity thereafter, among other things. I reported yesterday that the Titanic was attempting to set a speed record when it allided with the iceberg. Several long-suffering readers advised me that this aspect has been widely reported over the years, but is incorrect. The ship was, though, running at speed at night in waters where icebergs had been reported. Several other ships in the area had stopped for the night due to poor visibility and the possible presence of icebergs. Fonte: Dennis Bryant.