Luxembourg: Circular on private security companies and private armed guards

The Luxembourg Maritime Administration has issued a circular on private maritime security companies and private armed guards.

This circular (CAM 07/2023) was issued on 23 May 2023 and replaces CAM 03/2013.

Shipowners are authorized to hire Private Maritime Security Companies (PMSC) for protection against pirates in high-risk areas, as per IMO regulations.

To obtain authorization, the accredited shipping manager must submit a request to the Commissariat aux affaires maritimes (CAM), with confirmation from the shipowner or their representative in Luxembourg.

A list of approved security companies offering armed maritime security services for Luxembourg-flagged ships can be found on the CAM website.

Shipowners have the freedom to choose from these providers or follow the procedure outlined below for new PMSCs.

New security companies must arrange a meeting with PMSC representatives in Luxembourg to discuss pertinent matters such as rules for "use of force," personnel training, and background checks.

The meeting should be scheduled at least 2 to 3 weeks in advance, and a copy of the PMSC's European Union (EU) security firm license must be provided before the first mission.

It is important to note that PMSCs not incorporated in the EU cannot be considered. Security companies do not need to contact the Maritime Administration to be included in the list.

The Maritime Administration will organize a meeting with company representatives based on a documented declaration of intent to contract a PMSC from the shipowner or vessel manager under the Luxembourg flag.

Decisions regarding authorization will be made on a case-by-case basis.

For accepted PMSCs already listed, the shipowner or operator must submit additional documents, including a copy of the contract with the security firm, a detailed list of armed personnel (with passports, criminal records, and CVs), and a comprehensive list of weapons with proof of ownership and licenses.

These documents should be submitted to CAM at least three working days before the planned mission.

The Luxembourg authorities will issue a license to carry weapons.

However, it is emphasized that the use of Privately Contracted Armed Security Personnel (PCASP) should never replace Best Management Practices (BMP) and other protective measures. Ship operators and masters must consult and adhere to the latest version of BMP guidelines.

In situations where there is a shortage of security guards, PAG teams with fewer than 4 members may be temporarily authorized, subject to certain conditions. Exemption requests for such teams must be accompanied by a ship-specific risk assessment and a PCASP risk assessment.

Shipowners must ensure that their requests, along with all required documents, are submitted to CAM at least one week before the intended mission for verification and validation.

No exemptions will be granted without prior verification of all requested documents.

It is crucial to disseminate this information effectively within your company and to the Masters of Luxembourg-flagged vessels.

For more information, please see the document below (available only to subscribers):

Private Maritime Security Companies and Private Armed Guards