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Objectives
The paramount goal of the United States is to safeguard U.S. citizens and U.S. interests, including protection of the lawful flow of commerce off the HOA. This will best be accomplished in the maritime domain by repressing Somali piracy through actions by the United States and the international community in the short term and by enabling the Somali government to eventually police its own territory. The United States, in concert with partner nations, international coalitions, and nongovernmental organizations, will continue to focus on the three primary areas of prevention, response, and governance. U.S. departments and agencies, consistent with respective authorities and other national missions and priorities, shall pursue the following objectives.
Prevention of Attacks
The international community, despite its commitment to combating piracy and related maritime crime, cannot effectively patrol the entire region off the HOA. Support by industry and merchant mariners is critical to making the pirate business model unsustainable. Making piracy and related maritime crime an untenable business is best realized by preventing the capture of merchant mariners and commercial vessels in waters under pirate threat, which will significantly hinder financial gains by the criminal enterprise. Specific actions including the following:
Inform U.S. citizens. Maritime Advisories and Port Security Advisories, which clearly outline regional threats, continue to provide critical guidance on BMP to protect U.S. merchant mariners, ships, and cargo off the HOA. U.S. departments and agencies will work with public-facing elements of the United States Government, such as the Department of State’s Bureau of Consular Affairs, the U.S. Coast Guard, and the Department of
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Transportation to provide timely threat assessments and warnings for U.S. citizens and companies traveling off the HOA.
Lead and participate substantively in the ongoing work of the Contact Group on Piracy off the Coast of Somalia, which the United States helped to establish in January 2009 pursuant to U.N. Security Council Resolution 1851.
Encourage international commercial shipping firms to increase the compliance rate for BMP and harden vessels, including the incorporation of properly trained and equipped armed security. Partner with the shipping industry to improve practical steps merchant ships and crews take to avoid, deter, delay, and counter pirate attacks. The shipping industry’s use of BMPs and the increasing use of PCASP are among the measures that continue to be the most effective deterrents against pirate attacks.
Lead and participate substantively in the Maritime Security Working Group established by the Maritime Safety Committee at the International Maritime Organization (IMO) to provide communication and education in U.S. policies and doctrines involving counter-piracy preventive measures, and to assist in the development of guidelines and recommendations to increase global participation by IMO Member States in counter piracy prevention measures.
Pursue the implementation of international standards for PCASP, which include an integrated approach to security, planning, training, awareness, documentation, and communication skills.
Continue industry partnerships, including organizing and participating in workshops with the maritime industry to update, educate, and share information on ways to mitigate the threat of piracy.
Respond to Acts of Maritime Crime
The United States will continue to ensure that pirates do not have easy access or freedom of action in the Indian Ocean, Red Sea, and Gulf of Aden through continued naval and law enforcement support.
Provide persistent interdiction-capable presence at sea off the HOA. Consistent with other U.S. mission requirements, U.S. Navy and/or U.S. Coast Guard forces operating in the region provide persistent interdiction through presence, conduct maritime counter-piracy operations, and coordinate counter-piracy activities with other forces operating in the region to the extent practicable. When in range, these forces will prevent suspected pirate vessels from operating, respond to reports of pirate attacks with the objective of disrupting such attacks, and, in appropriate circumstances, terminate the act of piracy and any resultant hostage situation with intent to deliver any surviving pirates ashore for prosecution. These forces will also coordinate efforts among all multilateral coalitions such as Combined Maritime Forces, NATO’s OPERATION OCEAN SHIELD, the European Union’s OPERATION ATALANTA, and independent naval forces.
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Reinforce the longstanding U.S. policy of discouraging the payment of ransoms, prisoner release, policy changes, or other acts of concession. Ransom payments lead to future hijackings of ships at sea, and future hijackings lead to additional ransom payments. Such ransom payments build the capacity of militant and terrorist organizations to conduct attacks.
Encourage and support international counter-piracy initiatives. The United States will leverage the efforts of various international bodies, such as the Maritime Security Centre – HOA in Northwood, United Kingdom, and the Regional Fusion and Law Enforcement Center for Safety and Security at Sea (REFLECS3) in Victoria, Seychelles, to combat piracy and related maritime crime, share information, build capacity; and Shared Awareness and Deconfliction (SHADE) meetings.
Disrupt and dismantle pirate bases ashore. Pirates require land-based support and access to weapons to commit acts of violence. Piracy at sea can only be reduced if pirate bases ashore are disrupted or dismantled. U.N. Security Council resolutions confer the authority to take “all appropriate measures” to end piracy, including operations in the littoral and land territory of Somalia. As such, the United States will work with other governments and international organizations to disrupt and dismantle pirate bases to the fullest extent permitted by U.S. and international law.
Employ criminal investigative capabilities to identify and target the finances of criminals who operate at the higher organizational levels of the piracy enterprise. The piracy model is based on the economic benefits associated with crime. Targeting the finances of the organization and blocking assets of organizational leaders will assist in defeating the criminal enterprise that supports piracy and related maritime crime. The United States will continue to block the assets of certain persons determined pursuant to Executive Order 13536 to have threatened the peace, security, or stability of Somalia through acts of piracy or armed robbery at sea off the coast of Somalia.
Support and encourage the exercise of relevant and appropriate jurisdiction through the framework of applicable international conventions. In addition to the relevant customary international law on piracy reflected in the 1982 Law of the Sea Convention, the 1979 Hostage Taking Convention, the 1988 Convention on the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, the 2000 Transnational Organized Crime Convention, and the 1999 Terrorist Financing Convention may apply to piracy cases in some circumstances. The United States will fully support and encourage the appropriate exercise of jurisdiction over interdicted pirates in accordance with relevant international law.
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