BAFA – Maritime Security – Mar­itime Se­cu­ri­ty

Mar­itime Se­cu­ri­ty

license of security system companies on board ocean-going vessels
In regulate to take account of the particular needs of guarding ocean-going vessels, the trade of maritime security system companies has been subjected to licensing requirement with the latest amendments of the Law Introducing a license routine for Security Companies on Board Ocean-Going Vessels of March 4., 2013 ( Federal Gazette I page 362 of 12.03.2013 ) .

reference : © Fotolia.com/Masson
private security system companies who wish to perform security functions to counter plagiarism on control panel ocean-going vessels sailing under german flag – independently of the space where their head office is established – need a license issued by the Federal Office for Economic Affairs and Export Control ( BAFA ) since 1 December 2013.

Reading: BAFA – Maritime Security – Mar­itime Se­cu­ri­ty

The license is granted in consultation with the Federal Police which chiefly reviews the procedures and maritime standards .
similarly the german security companies besides have to apply for license if they wish to offer security services on vessels sailing under other flags in international waters .
The license is therefore required for

• national and foreign security companies intending to offer security functions on board ocean-going vessels flying the German flag
• security companies that are established in Germany and intend to operate on ocean-going vessels under other flags since tasks of maritime security provided outside the German exclusive economic zone are generally removed from the scope of section 34 a of the Trade Regulation Code because of their specific requirements.

due to section ( faction. ) 31 of the Trade Regulation Code, particular demands are set on internal organization and procedures of the companies arsenic well as on technical foul and personal dependability, personal aptitude and competence of the managements and security operatives entrusted with arm maritime operations .
BAFA in consultation with the Federal Police reviews the complaisance with these requirements according to their dutiful discretion. The inspection focuses on the party that means BAFA and the Federal Police scrutinize the company ’ south administration and the home procedures arsenic well as the demands set on the responsible intend executive .
however, the security company itself has to make certain that the security personnel meet all the requirements .
These requirements are laid down in the ordinance on the license of Security Companies on Ocean-Going Sea Vessels and the Ordinance Implementing the Ocean-Going Vessel Security Ordinance .
For Licensing under faction. 31 of the Trade Regulation Code please submit the Licensing application for guarding ocean-going vessels pursuant to sect. 31 Trade Regulation Code using the electronic procedure. further information is available at “ Application ” .

Application Procedure

Application

How to file an application :
An application for licensing under faction. 31 ( 1 ) Trade Regulation Code may be filed if you intend to safeguard commercially life and property of other persons on board ocean-going vessels seaward the boundaries of the german single economic zone to ward off external dangers ( guarding and security missions ) .
The application may be filed using the electronic application shape .
There are merely three steps to file the application :

1. Complete electronic application form online and send it
2. Upload the necessary verification documents
3. Print out completed application form, sign it and upload it via the electronic upload form

You have to provide data about your party, the responsible principle executive, liability indemnity and, if applicable, documentation or licences issued by early states etc .
For an initial license the pursuit proof or testify documents have to be enclosed :

1. Documentation of company’s organization, according to sect. 4 (1) of the Ordinance on the Licensing of Security Companies on Ocean-Going Vessels Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
2. Process manual on procedures, sect. 5 (1) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
3. Standing orders, sect. 5 (2) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
4. List of equipment used by security company, sect. 6 (1) first sentence Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
5. records under sect. 11 (2) to (4) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels for the designated executive under sect. 4 (1) second 2 number 1 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
6. Proof of liability insurance under sect. 12 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
7. Company profile containing a description of the market position of the security company in the field of maritime security, sect. 2 (2) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels

Thereof, a license transformation of an press out from judicial records ( police clearance certificate ) or equivalent text file by the foreign competent judicial or administrative authority for presentation to an authority pursuant to sect. 30 ( 5 ) of Federal Central Criminal Register Act of the follow documents – unless available in german – must be presented .
All the other documents may be submitted in English lyric. however, BAFA may request translations of selected documents .

Note

Please note that you have to retain all records on business transactions and operations under

sect.

13 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels.

Self-Assessment

In holy order to check whether you fulfil the conditions for license, and you can provide all the command documents, please arrant the self-assessment sheet with the checklist and send it together with the application documents to BAFA .

Recognition of Foreign Licences and Certifications

For an application pursuant to sect. 15 ordinance on the license of Security companies on Ocean-Going Sea Vessels for the recognition of a alien government license or state-recognized documentation it is sufficient to provide first of all :

1. Copy of licence or certification (with certified translation into German language) and
2. All the legal bases relevant for granting the foreign licence or certification (with certified translation into German language)

Subsequent Licence

The license is issued for a period of two years. If you intend to continue security operations on display panel ocean-going vessels after termination of the license duration, then you will have to file an application for a subsequent license, in ascribable time ( preferably 6 months before death of the initial license ). It is besides required for a subsequent application to submit the documents according to faction. 2 ( 2 ) ordinance on the license of Security companies on Ocean-Going Sea Vessels. In this respect, there is no change to an application for initial license .
subsequent licences are similarly issued for a menstruation of two years .

Fees

When you file an application fees are collectible .
The measure of the fees is determined by the Regulation on fees and expenses of the Federal Office of Economics and Export Control in connection with the license of security companies on board ocean-going vessels. only the legally binding adaptation in German is available ( Federal Gazette I p. 4110 ) .

Reports

The duties of security companies licensed under section 31 of the Trade Regulations Code include regular report and presentment under sect. 14 ( 1 ) to ( 3 ), ( 4 ) regulation on the license of Security companies on Ocean-Going Sea Vessels .
The obligations include, bury alia :

• notification about a security deployment on ocean-going vessels
• reports about
  • organisational changes
  • exchange of the designated executive
  • changes regarding procedures
  • use of firearms (must additionally be reported via e-mail to the Federal Police mindovermetal.999@gmail.com)
  • loss or replacement of weapons or ammunition

Please use the electronic Report Form for deployment notifications .
In lawsuit of notifications of changes according to sect. 14 ( 3 ) ordinance on the license of Security companies on Ocean-Going Sea Vessels, equally well as the loss or replacement of weapons and ammunition you are required to upload a match declaration and the relevant documents via the Upload Form .
Please note that the reports and notifications must be submitted only after the completion of the license routine .

List of Licensed Companies

Below BAFA publishes a list of the security system companies presently licensed under section 31 ( 1 ) Trade Regulation Act. The number is regularly updated .

To enable security operatives to acquire, own and dribble guns and ammunition necessary for their security tasks on vessels flying the german flag it is necessary to apply for a let under the Weapons Act pursuant to section 28a in junction with section 48 ( 1 ) conviction 2 Weapons Act in accession to the license issued by BAFA .The report is pursuant to section 31 ( 6 ) Trade Regulation Code .
The listed companies have agreed to the publication of their data .

Licence under the Weapons Act

This allow under Weapons Act is issued for all applying companies throughout Germany by the Authority for Internal Affairs and Sports – Weapons Authority – of the Free and Hanseatic City of Hamburg .
security system companies which are established in Germany and intend to take over defend and security missions on board ocean-going vessels under a alien flag, using weapons acquired in Germany, have to apply for the license to acquire and possess weapons on german sovereign district at the local regulative authority. The special province of the Hamburg weapons authority does not apply in this shell .
War weapons in accordance with the Annex to the War Weapons Control Act ( War Weapons List ) are excluded from the license .
Documents required when applying for weapons permits for nautical security missions on ocean-going vessels at the Hamburg weapons authority :

• Application for a permit under section 28a Weapons Act (permit to acquire, possess and carry guns and ammunition by security operators and their personnel on ocean-going vessels flying the German flag)
• Company manager: identity card or passport, including certificate of registration; a foreign manager needs a police clearance certificate in addition
• Staff: Copy of ID, copy of employment contract, foreign personnel: police clearance certificate, certificate of weapons expertise and knowledge of the German arms legislation and the related laws and regulations
• Executive staff/ in charge of weapons: must have the power of procuration! Proof of weapons expertise (other than the general knowledge examination of the German Chamber of Industry and Commerce) and instructions on the German arms legislation and the related laws and regulations
• Proof of safekeeping at German company headquarters or respective storage location and safekeeping policy on board

Fees and charges
Depend on complexity of each case
Contact:
Office of Internal Affairs and Sports – Weapons Authority – Hamburg
Grüner Deich 1
20097 Hamburg

Phone : +49 40 42 8667 601
Fax : +49 40 427314042
e-mail : waffenbehoerde @ polizei.hamburg.de

Licence under Export Control Law

The private security companies established in Germany besides need an export license granted by the BAFA in accession to the license under trade regulation code and the weapon owner ’ s license .
The delivery or carry of weapons and listed equipment out of Germany for practice on ocean-going vessels in international waters is an export national to licensing pursuant to incision 8 of the Foreign Trade and Payments Regulation and, if applicable, under Article 4 ( 1 ) of Regulation ( EU ) Number 258/2012 ( firearms regulation ). Since the weapons and other equipment necessary for the security company are not supposed to remain in the third base countries the transaction is considered a temp export of these goods which besides requires an export license .
BAFA offers the corporate license procedure for repeated irregular exports ; it permits exports and transfers of goods subject to licensing to different countries and different consignees. The application for such a collective license operation license requires in particular a well-functioning internal export master system ( ICP ). In this case the individual security services can benefit from the insights into the entree procedure ( see above ). In fact, private security system services have to install their own ICP in order to manage and comply with the corporate license procedure licences granted .
The permit under section 31 Trade Regulation Code is necessary for the allow of the collective license routine. The validity of the corporate license routine is basically identical with that of the allow under section 31 Trade Regulation Code .
War weapons within the intend of the Annex to the War Weapons Control Act ( War Weapons List ) are excluded from blessing .
The collective license procedure may be applied for at www.ausfuhrkontrolle.info ( sub-title lotion filing in the electronic application portal vein “ ELAN-K2 ” ) .
The reports required under collective license procedure may besides be submitted electronically .

Frequently Asked Questions

General remarks on the licensing procedure

What is the legal basis of the licensing procedure?

The business of maritime security companies was subjected to license by the law introducing a license procedure for security companies on ocean-going vessels dated March 4, 2012 ( Federal Law Gazette I page 362 of 12.03.2013 ). The legal basis for the license procedure is section 31 of the Trade Regulation Code. In order to take into account the specific requirements for guarding ocean-going vessels security companies were by and large excluded from the oscilloscope of section 34a Trade Regulation Code ( allow under trade law of security companies ) .

Who can apply for a licence?

Natural and legal persons who wish to perform security functions on ocean-going vessels inshore of the boundary of the german exclusive economic zone may apply for a license, section 2 ( 1 ) of the ordinance on the license of security system companies on ocean-going vessels regulation on the license of Security companies on Ocean-Going Sea Vessels .

Who must apply for a licence?

• Resident and foreign security companies who wish to perform security functions on ocean-going vessels flying a German flag.
• Security companies established in Germany who wish to offer security services on ocean-going vessels flying foreign flags.

Who is in charge of the licensing procedure?

The competent license authority is the BAFA in Eschborn ; it decides on the license applications in reference with the Federal Police representation .

How long does the licensing procedure take?

The duration of the license procedure depends on unlike factors. It takes longer to process applications where supporting documents are missing, than applications with all documents enclosed .

How can I apply for a licence?

The application can entirely be submitted using the electronic lotion form provided by BAFA. This form should besides be used for uploading the necessity documents to prove complaisance with the approval requirements .
note :
After sending the electronic application mannequin, you will receive a pdf-file which was generated on the footing of your application. This text file must be signed by the designate executive and be sent back electronically via the upload imprint within a period of 14 days .

How does BAFA proceed with the applications?

The applications will be processed in the order of in which they are received .

How long is the licence valid?

The period of robustness of the license is 2 years ( section 3 ordination on the license of Security companies on Ocean-Going Sea Vessels ) .

Do I need further certifications or authorizations in addition to the licence of the security trade on ocean-going vessels?

It depends on the type of operation. Operations on ships flying the german pin are based on the new sect. 28a of the Weapons Act which stipulates the conditions for the acquisition, possession and carry of guns and ammunition by security companies on board sea-going vessels. The appropriate legal weapons license is granted by the Office of Internal Affairs and Sports – Weapons Authority – of the Free and Hanseatic City of Hamburg. furthermore, security companies established in Germany need a license under export control jurisprudence in accession to the approval under trade regulation code and the permit pursuant to the weapons act. The delivery and carry of weapons and listed equipment out of Germany for operations on dining table of ocean-going vessels in external waters is an export subject to license in accordance with section 8 ( 1 ) Foreign Trade and Payments Regulation .
Details on the license required under weapons act and export manipulate legislation are explained below .

Do I need the support of a German lawyer or external expert for the implementation of the Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels?

In terms of the license summons BAFA will assist you with esteem to the requirements to be met for a license. BAFA ’ randomness Homepage provides a set of detail information on the license procedure. By the help of our checklist, companies can find out whether they meet all the demands set. Besides this, you besides find a number of all documents to be submitted with the application .
The Annex to Ordinance on the license of Security companies on Ocean-Going Sea Vessels enumerates a considerable number of legal provisions. It is the job of the train and department of education institutes to impart the relevant cognition to the security personnel. If you conduct in-house train, the lector has to command the necessity expertness .
steering and legal advice for the security personnel during their operations on ocean-going vessels must be provided by a qualify person in place 24/7. This is not necessarily a german lawyer .
Of run, you are spare to contact a lawyer or early adept for legal advice concerning the requirements of the license operation .

What to do if guards on board of vessels are not permitted in coastal or port states?

german ship owners are not obliged to employ security companies on dining table. ship owners have to refrain from it if this is prohibited in the waters to be cruised. In this case they can contact the state in question .

Is the International Code of Conduct (ICOC) applied to the licensing procedure?

ICOC is to be seen in connection with the increasing deployment of private security companies on behalf of state forces in military conflicts. As a result of this problem, the alleged Montreux Document was drafted in 2008 describing the cogency or applicability of external law to private paramilitary forces or security companies. In the watch years the ICOC was developed on this basis, in November 2010 it was signed by 58 security companies. By signing this document, they commit themselves to adhere to certain human-centered standards and submit themselves to certain checks. Until February 2013 592 individual security companies had signed the ICOC. Since then, the phone number of signing companies has increased precipitously .
The application of the two documents ( Montreux document and ICOC ) which was the basis of drafting the IMO guidelines, supported by some states, i.a. USA and UK was rejected in the sessions 89/90 in MSC because piracy was considered a police trouble and not an arm military conflict and the aforesaid documents were not drafted for a maritime background .

Which is the importance of ISO/PAS 28007 or BIMCO´s GUARDCON for the licensing process?

The requirements for granting a license are laid down in the detail standards of the ordinance on the license of Security companies on Ocean-Going Sea Vessels and the Ordinance Implementing the Ocean-Going Vessel Security Ordinance. Acquiring a documentation under ISO/PAS 28007 or signing contracts under Guardcon have no charm on the license process because it has to be proved that all the requirements of the relevant regulations are met in these cases, excessively .
ISO-certification is no government license or state-recognised certification, therefore it is not sufficient for recognition and, frankincense, for granting a german license. In encase of doubt, the recognition depends on the conditions of section 15 regulation on the license of Security companies on Ocean-Going Sea Vessels and remains subject to an individual decision .
The license routine under section 31 Trade Regulation Code sets similar high demands on the Management Compliance System as ISO/PAS 28007. Some demands are more detail in the german certification procedure for legal reasons and go beyond the requirements of ISO/PAS. Companies meeting the ISO/PAS 28007 standard are well disposed for the german license routine .

Requirements and documents necessary for a licence

Which demands need to be fulfilled to get a licence?

section 31 Trade Regulation Code lays down the demands to be fulfilled by a security company for being approved. In summation to the demands set on the company ’ s organization and processes, they besides include the professional and personal aptitude, the dependability of staff and management adenine well as liability insurance .
BAFA checks in consultation with the Federal Police representation whether these demands are fulfilled. The checks focus on the company, that means BAFA and the Federal Police check the ship’s company ’ s operational framework and the home processes adenine well as the demands on the elder administrator designated as creditworthy person.

Read more: What is the Maritime Industry?

Which documents must be included?

The follow documents are necessity for a decision on granting a license :

• Documents giving evidence of the company’s operational framework pursuant to section 4 (1) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels:
  • Documents referring to the responsible person:
    • Documents on the designation of a senior executive, name and function in the company,
    • Excerpt from commercial register to prove the power of procuration of the designated executive, if possible
    • Description of tasks of responsible person,
    • Copy of verification that staff was informed,
  • Organization chart, if possible
  • Copy of staff information about the responsible persons (responsibilities, managerial authority and holiday replacement),
  • Description of organizational structure
  • Documentation of process framework in the form of a process manual
  • Staff requirements profile,
  • Description of staff selection,
  • Description of personnel audits,
  • Job familiarisation,
  • Further training of staff (training schemes, firearms training, information procurement, intelligences services)
  • Name of person in charge of legal advice, his/her qualification,
  • Presentation of internal control and audit processes,
  • Documentation system to meet the requirements,
  • Explanation of communication system,

• Documents proving procedures pursuant to section 5 (1) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels:
  • Process manual,
  • Export, import or transit licences as well as trafficking and brokering licences obtained
  • Internal rules and measures for safekeeping of weapons and ammunition

• Standing orders pursuant to section 5 (2) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels:
  • General standing order
  • Example of operations-specific standing order
  • Shift scheduling

• List of weapons and equipment used, including their specific properties, secion 6 (1) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels,

• Documents proving the requirements under section 11 (2) to (4) Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels
  • List of former employers,
  • Statement on whether criminal proceedings or a preliminary investigation by public prosecutor are pending against the individual,
  • Certificate of good conduct for submission to an authority under section 30 (5) of the Federal Central Criminal Register Act or a comparable document with a certified translation,
  • Education or training certificates or other supporting papers proving expertise under section10 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels

• Proof of liability insurance under section 12 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels.

• The company’s profile giving a description of the market position of the security company in the area of maritime security and

• An excerpt from the commercial register or a similar foreign document.

Do I have to submit the documents in German language?

The succeed documents – unless available in german linguistic process – have to be submitted with a certify translation into german :

• Certificates of good conduct for submission to an authority under section 30 (5) of the Federal Central Criminal Register Act or comparable foreign documents
• Foreign approvals or certifications the recognition of which is applied for
• Legal basis of the foreign approvals or certifications

All other papers can by and large besides be submitted in English linguistic process. In individual cases it may be necessary to submit the translation late .

Is the contract between the security company and the shipping company also checked in the licensing process?

No, it isn ’ triiodothyronine. The relationship between the security ship’s company and the ship owner is not the discipline of the license process. This is the undertaking of the Federal Office of Maritime Shipping and Hydrography .

Requirements on the designated executive

Does the executive has to possess the full level of knowledge pursuant to section 10 Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels already at the time when the application is filed or is it possible to submit the evidence later, probably after licensing?

The designate executive serves as a function model for the security personnel. He/she must therefore possess the same level of cognition. If his/her competence is not documented in full when the application is filed BAFA will ask for it .

What to submit if the country where my company is established does not issue certificates of good conduct?

In his case department 11 ( 3 ) ordinance on the license of Security companies on Ocean-Going Sea Vessels provides that a comparable alien document may be submitted. If it is not in german terminology a certify translation is required .

Requirements on the persons deployed (staff selection, verification and further training)

What about freelance staff or subcontractors? Do they need their own licences?

This will be decided in the individual lawsuit. The all-important criterion is that the freelancer staff or the guards of the subcontractor are under the company ’ second authority. If the arrange ( and approved ) company has the full properly to issue instructions to these persons, and they are informed about the responsibilities and procedures in the abridge company, they do not need their own licences .
The predominate of flick is : If the use guards are treated in the same manner as the own staff the subcontractor does not need a license .
The security company must ensure that freelancers or subcontractors meet the requirements set on the professional and personal aptitude and dependability. Besides this, the security party must provide the mercenary staff or subcontractors who are under its authority with all the want documents ( for example action manual ) and information on the organizational structure .

What about the weapons training as part of the further training process for personnel?

In accord with section 7 of the Ordinance Implementing the Ocean-Going Vessel Security Ordinance, every security system surgical entrusted with security functions on board ocean-going vessels must participate in weapons training at least four times per year. The person weapons training sessions may not be more than six months apart in each case .
There are no particular requirements for the organization of the weapons aim. The security company must ensure the batten treatment of weapons by the assistant of this educate. therefore, the security ship’s company has to submit a weapons train concept focusing on the secure handling of weapons within the license process. In addition, the weapons coach must be planned in conformity with the laws. accordingly, weapons training on board German-flagged vessels may only be carried out if a permission pursuant to section 10 ( 5 ) Weapons Act has been granted .

Is it permitted to organise the weapons training on the high seas?

In accordance with department 10 ( 5 ) Weapons Act the license to fire a gun requires a photograph license. Such a license is merely granted by the weapons agency for particular reasons and if it is not in conflict with the matter to in public security and arrange. If such a license has been granted, it is allowed to carry out weapons training on board German-flagged vessels. For weapons training on board of vessels under extraneous flag the law of the respective flag submit applies .

Requirements on expertise

Does BAFA check the expertise of the security guards?

As contribution of the certification procedure, the company is subjected to an audit, that means it is checked whether the security companies meet the requirements under ordinance on the license of Security companies on Ocean-Going Sea Vessels. The individual security operatives are not checked within the application procedure. furthermore, the companies are creditworthy to ensure that the security personnel meet the demands in terms of dependability, qualification and expertness. Based on the submitted documents concerning personnel survival, personnel audits and promote train, BAFA checks in consultation with the federal patrol whether the company is in the position to do so .
Following authentication, BAFA will conduct reviews and request each company to provide documents referring to person guards on a random basis in accordance with section 29 Trade Regulation Code .

The Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels does not specify the type of training for acquiring the necessary expertise. Does this also apply to specialized knowledge on weapons?

Yes, it does. section 7 ( 2 ) Weapons Act was rendered ineffective for this determination. It is the company ’ randomness decision whether the specialize cognition of weapons is acquired by in-house discipline or external discipline courses. The Hamburg arms authority checks whether the necessity cognition was acquired on the basis of the documents submitted .

How does the Hamburg arms authority verify the security operatives’ specialized knowledge of weapons? Do they have to appear in person or is it sufficient to submit documents?

The security operatives need not appear in person, it is sufficient to submit written attest. The security system operatives are checked afterwards, the weapons owner ’ south license for the approved company is issued in advance .

Can a person who is changing to another company take along the specific documentation proving his expertise and is this accepted?

Yes, he can. If an approved company educates its staff in in-house coach courses, a far as possible, it has to keep records on this. These records are besides valid if the staff changes to another company .

Does this also apply to foreign staff?

Yes, if the foreign company is approved .

How and to what extent should the legal knowledge training be organized?

The legal cognition may be taught by in-house train or in external courses. The Ocean-going Vessel Security Ordinance does not specify where this cognition is acquired. frankincense, the companies are exempt to choose the teacher, exempli gratia lawyers, training centres or their own experts to conduct in-house train. The legal train has thereby to be conducted by a lawyer or equally qualify person .
The prepare has to familiarize the security operatives with the basic legal provisions. The content of the train required is listed in the Annex to section 10 Ordinance on the license of Security companies on Ocean-Going Sea Vessels .

Which criteria apply to the documentation of knowledge of first aid and lifesaving at sea?

In accordance with the Annex to section 10 Ordinance on the license of Security companies on Ocean-Going Sea Vessels “ competence ”, all security operatives have to take part in first-aid discipline. Taking into retainer that it is frequently not possible to cursorily get professional aesculapian worry on control panel ocean-going vessels, at least one train paramedic should be in the team .
The ordinance does not provide that BAFA itself conducts competence reviews, charges or recommends early companies/institutions to conduct the necessary trail, or draws up concepts. The party must prove that the relevant aim was conducted. Where this cognition is acquired is intentionally not laid polish in the regulation on the license of Security companies on Ocean-Going Sea Vessels. The company is dislodge to select the initiation, for example rescue administration .
The legislation soundbox has taken into explanation the courses offered. Security operatives meet the requirements in terms of inaugural aid cognition if they possess attest of condom familiarization and basic train in accord with Part A-VI/1, board A-VI/1-3 of the Annex to STCW Convention. This testify must not be more than one year old. The demands on a paramedic are satisfied if the security surgical has successfully completed the “ paramedics ” course of a recognized relief arrangement. In orderliness to take into account the specific situation at sea, the documentation of basic nautical cognition under total 8.2 of the Annex to section 10 Ordinance on the license of Security companies on Ocean-Going Sea Vessels and of technical cognition with reference book to ocean-going vessels and equipment is required. advanced department of education in the medical caution of bullet wounds, burns and injuries etc. is besides required .
The recognition of foreign documents or training certificates depends on their content ; they are compared with first-aid courses or paramedic courses in Germany. Decisions will depend on an person review in all cases .

Is there a list of courses recommended for acquiring competence?

No, there is no such number. A certification of aim institutes is besides not planned. thus, the company is release to select the institution. When filing an application, the companies must submit their coach concepts which are then checked for suitability .

Equipment

Which pieces of equipment may be used?

Each team member must be equipped at least with the stick to items, section 14 paragraph 2 regulation Implementing the Ocean-Going Vessel Security ordinance :

• night vision equipment
• range finder
• binoculars
• long firearm
• short firearm
• sufficient ammunition
• ballistic helmet
• camera
• ballistic vest
• radio equipment with microphone headset, satellite telephone
• medical equipment
• automatic life vest.

The individual exemplar types and their specific features have to be designated in the license application. The equipment list must at least contain the follow information : manufacturer, model and series act .

What applies if the equipment is to be procured after licensing?

If the equipment shall be purchased after the license was granted the equipment list should contain the models the company intends to use. After the license is granted the company is obliged to use these types. Since the provision chain has to be described under section 12 ( 8 ) sentence 1 regulation Implementing the Ocean-Going Vessel Security Ordinance the company must indicate where the weapons will be purchased. The ship’s company must therefore have obtained quotes already .
The license will contain a clause obliging the company to produce attest that the equipment applied for was purchased from the given supplier .

Which arms may be used?

In Annex 2 to section 2 ( 2 ) to ( 4 ) Weapons Act the banned weapons are listed in Part 1. The use of bury alia weapons of war or in full automatic firearms is prohibited. Arms not contained in the Annex are permitted, in principle .
The weapons used and their specific characteristics have to be indicated on the license application. then BAFA decides on the suitability of the weapons in accordance with the above Annex and in consultation with the Federal Police SEA .
section 14 ( 2 ) ordinance Implementing the Ocean-Going Vessel Security Ordinance lists the minimum equipment to be provided to security guards .

Is it necessary to carry short firearms?

Yes, it is. The rule in section 14 ( 2 ) regulation Implementing the Ocean-Going Vessel Security Ordinance is clear. Derogations can not be permitted. In character pirates enter the transport a short firearm is necessary for self-defense .

Are the armed guards expected to carry the firearms at all times whilst on board?

No, they aren ’ deoxythymidine monophosphate. section 12 ( 4 ) third base sentence of Ordinance Implementing the Ocean-Going Vessel Security Ordinance only lays down that in areas where attacks on the ocean-going vessel are at hand the deploy security operatives must carry their weapons with them ready for manipulation. No distinction is made between rifles and handguns .

Do I need a licence under section 29 Weapons Act to take the equipment back?

Taking weapons and ammunition into or through the territory is not capable to licensing under section 29 Weapons Act. The license includes the contract by its holder ( confer part 32 ( 5 ) Number 1 Weapons Act ) .

Is there an advance entry in the weapon owner’s licence for foreign companies?

If no weapons are in plaza yet, an advance submission in the weapon owner ’ s license is necessary. available weapons are directly entered on the weapon owner ’ s license .

May floating armouries be used for the storage of equipment?

For goods requiring approval and exported from Germany, floating armouries may only be used if those are approved as consignee within the framework of the corporate export license. Floating armouries are only approvable if they are under state supervision and not located in international waters. The companies have to submit the relevant documentation. For the memory of goods exported from early states, floating armouries may only be used if those are approved by the exporting state. The blessing must be submitted to BAFA .

May I lend the weapons for an on-site operation?

The legal procurement of weapons is the company ’ south task. Where they are procured in accord with the legal provisions and the necessitate licences ( export control regulations, weapons jurisprudence ) are available, it is possible to lend weapons, in principle .

Do all weapons have to be indicated or only those used on German vessels?

The weapons used on german vessels entirely need to be indicated .

Which are the standards for the ballistic vests?

The ballistic vests must at least fulfil the standards of the german base hit course 1, independently of the type and quantity of the equipment in place and the applicant ’ second tactical concept of protective covering. A higher protective class may be optionally required .

Employer’s liability insurance

Are foreign insurance companies not established in Germany accepted?

The populace and employers liability indemnity constitutes a compulsory insurance and must consequently be taken out with an policy company authorised to conduct business in Germany, according to segment 113 ( 1 ) Insurance Contract Act. Authorised to conduct business are on the one hand policy companies based in Germany and, on the other hand, all indemnity companies based in Member States of the European Community or any of the contracting states of the Agreement on the european Economic Area, according to section 105 ( 1 ) Insurance Supervision Act ( VAG ) .
besides policy companies outside of the EU and the EEC come into question as compulsory insurance company, if the german supervisory authority has granted permission in accord with sections 105 et sequentes Insurance Supervision Act .
security companies have not alone the option to choose an insurance company based in Germany but besides an insurance company outside of the EU/EEC and others with permission according to section 105 Insurance Supervision Act .

Was GUARDCON taken into consideration when fixing the minimum coverage?

No, it wasn ’ t. The german standard is the only footing .

Recognition of foreign licences

Are my foreign licences recognised?

The recognition of foreign licences and certifications is based on department 15 ordinance on the license of Security companies on Ocean-Going Sea Vessels .
basically, it must be a state approval or state-recognised documentation for security functions on ocean-going vessels. early certifications can lone be recognised if they were issued by a state-recognised accreditation office .
prior to the recognition it is checked which parts of the extraneous legal basis and of the german jurisprudence are basically adequate. These are recognised without a review of the company ’ randomness documents. Non-equivalent parts have to be individually documented in accord with german law by the company .

Are the rules to recognise foreign licences in the Ordinance on the Licensing of Security companies on Ocean-Going Sea Vessels compatible with EU law?

The rules were subjected to legal confirmation and are in accord with the european law .

How do I apply for recognition of my foreign state approval or state- recognised certification?

The recognition may be applied for using the electronic form .
note :
After sending the electronic lotion form, you will receive a pdf-file which was generated on the basis of your application. This document must be signed by the responsible person and be sent back electronically and via the upload form to BAFA within a period of 14 days .

Which supporting documents do I have to submit for recognition?

The be papers have to be submitted with the application for recognition :

• The foreign certification and
• All foreign legal bases relevant for granting the certification,

including a attest translation, if the documents are not in german language .
Where the requirements under german law go beyond the requirements of the alien regulations, separate tell is necessary to prove that the requirements are fulfilled. In this subject, you will get a request to submit far documents. Papers proving that the german license requirements are met may broadly besides be submitted in English because no legal comparison is made in this case .

Is there a list of recognised certifications?

such a list does not exist. Decisions are taken individually .

What can I do if the foreign certification cannot be recognised?

If the extraneous documentation can not be recognised the operation will lead – if desired – to the operation for granting an initial german license .

Fees and charges

Do I have to pay fees when I want to apply for a licence?

The fees are based on the Regulation on Fees and Expenses of the Federal Office for Economics and Export Control in connection with the Licencing of Security Companies on board ocean-going Vessels. The claim measure depends on the type of the requested official work ( initial license, subsequent license, realization of a extraneous license ) equally well as the administrative expenditures .

Is a subsequent application subject to a complete review again and is a more favourable fee charged?

The subsequent application is cheaper. The complete papers have to be submitted and are then checked for amendments as compared to the foremost application .

Export Licence

Do I need an export licence for the weapons and / or equipment?

Yes, you do. For perennial irregular exports of weapons and other equipment listed in contribution I section A of the export tilt ( Annex to Foreign Trade and Payments Regulation – Foreign Trade and Payments Regulation ) or Annex I of the Council Regulation ( EC ) no 428/2009 an export control license is required. For this sheath BAFA offers the possibility to apply for a Global Export Licence ( collective Licence Procedure )
Weapons and ammunition always require a license when being exported from Germany. With respect to the other equipment it depends on the type used, whether a license is required or not .
In accession, the export has to be declared to the competent customs function. For details see hypertext transfer protocol : //www.zoll.de .
bill :
A violation of the export command law may be subject to criminal pursuance or administrative fines. The director or the acting staff may risk considerable punishment, for model prison sentence or fines in these cases ( incision 17 ff. Foreign Trade and Payments Act .

How do I apply for an export licence?

The application for an export license is processed at BAFA, by Division 223 .
In case of repeated temp exports BAFA offers the possibility to apply for a Global Export Licence ( collective Licence Procedure ), it permits exports and transfers of goods subject to licensing to different countries and to different consignees. If you want to apply for collective Licence Procedure your ship’s company needs a well-functioning home export control system ( Internal Compliance Programme – ICP ). In this case, the individual security companies can profit from the results of the license routine. Private security companies have to install an ICP on their own in rate to meet the requirements in connection with the Collective Licence Procedure licences granted .

Can Global Export Licences (SAG) under export control law already be granted although the licence for a security company is still missing?

The license is a condition for the allow of the SAG under export control law. Therefore the SAG can only be granted when the nautical security company has obtained its license .

Firearms regulation

What is the content of the Firearms Regulation?

The Firearms Regulation contains provisions pertaining to the export of certain firearms ; they apply in the integral european Union. Since September 30, 2013, exports of firearms listed in Annex I to this regulation are subject to authority under Article 4, if not a license is already required pursuant to section 8 ( 1 ) Foreign Trade and Payments Regulation .

Is the Firearms Regulation a German law or an EU regulation?

The Firearms Regulation is an EU Regulation which is directly applicable in Germany. It entered into wedge on September 30, 2013 .

Why are the maritime security companies not removed from the scope of the Firearms Regulation?

At the time when the firearms regulation was drafted, the maritime security has not been in the process of discussion .

Permits under Weapons Law

Which permits under weapons law are necessary?

security companies on ocean-going vessels flying the german ease up whose activities involve the use of weapons, need a weapon owner ’ s license to acquire and possess these weapons pursuant to section 10 ( 1 ) Weapons Act which is granted when the requirements are fulfilled under section 28a Weapons Act .

Where can I apply for a permit under weapons law?

The licences or permits for security companies on board ocean-going vessels under a german flag pursuant to department 28a Weapons Act are granted by the arms authority of the Free and Hanseatic City of Hamburg in accord with section 48 ( 1 ) conviction 2 Weapons Act .
german companies have to file the lotion to the local anesthetic arms authority which transmits the papers to the arms assurance of the Free and Hanseatic City of Hamburg .
In addition, security companies which are established in Germany and intend to take over guard and security missions on board sea vessels under a foreign pin using weapons acquired in Germany, have to apply for the license to acquire and possess weapons on german autonomous territory at the local regulative authority. The special duty of the Hamburg Weapons Authority does not apply in this sheath .

Contact:

Office of Internal Affairs and Sports
– Weapons Authority – Hamburg
Grüner Deich 1
20097 Hamburg
earphone : +49 40 4286-67601
facsimile : +49 ( 0 ) 40 4273-14042
e-mail : waffenbehoerde @ polizei.hamburg.de

Is it possible to apply for the licence and the permit under weapons law at the same time (parallel)?

Yes, it is possible. The license under weapons law will, however, be issued after the license was granted .

Information on the Subject

• Informations on the Subject
• Regulations
• Forms

Informations on the Subject

Regulations

These documents are designed to provide matter to companies and individuals with the legal and administrative bases underlying the license of security companies on board ocean-going vessels.

Read more: Jahrein 60sn’de Maritime izliyor – Kliplerimiz [15]

They are unofficial translations from German. entirely the german text is authentic and legally bind .

Forms

source : https://mindovermetal.org/en
Category : Maritime>