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Guidance Note to Master and Crew: Seizure or Armed Boarding at Sea (eg by military forces)

Purpose

This note provides practical, plain guidance to help protect life, preserve the crew’s rights, and safeguard the vessel’s legal and insurance position when a vessel is boarded, detained, or seized at sea by foreign State forces (navy, marines, coast guard, special forces) or by a State authorised security team. It is written for use on the bridge and in the Ship Security Plan framework.

This guidance aligns broadly with UNCLOS (flag State jurisdiction and lawful boarding powers), SOLAS Chapter XI-2 and the ISPS Code, the SUA Convention (1988, and Protocols), common P and I / H and M insurance practice, and basic human rights standards (humane treatment, due process, medical care, and communication).

1) First priorities: life, safety, and non escalation

DO

  • Treat the event as a security incident. Sound the appropriate alarm, follow the Ship Security Plan, and bring the vessel to a safe condition.
  • Remain calm and compliant. The Master retains command for safety of navigation, but do not argue on deck in a way that escalates risk.
  • Make a clear bridge announcement to crew: “No resistance. Follow instructions. Stay together. Await further orders.”
  • Ensure machinery and navigation safety. If ordered to stop, stop safely. If in traffic lanes or near hazards, state the navigational risk clearly and propose a safe alternative course or position.
  • Ask for identification and authority in a non confrontational manner: name, unit, commanding officer, and legal basis for boarding or seizure. Record what is shown and said.

DO NOT

  • Do not resist physically. Any resistance can be treated as hostile intent.
  • Do not attempt to outrun, ram, or manoeuvre aggressively. This may justify use of force.
  • Do not conceal persons, weapons, or contraband (if present, the correct action is legal reporting via company and counsel, not concealment).
  • Do not improvise communications that inflame the situation (no social media posting; no provocative radio exchanges).

2) Bridge and communications: keep one voice, keep a record

DO

  • Keep communications centralised. The Master (or the officer designated by the Master) should be the single point of contact.
  • Immediately notify the Company Security Officer (CSO) and DPA and follow ISPS reporting.
  • Send a brief security message to the flag State and local maritime authority (as applicable): position, time, identity of boarding force (if known), and status of crew.
  • Log everything in real time: time of approach, VHF calls, warnings, shots (if any), helicopter activity, persons embarked, weapons seen, and orders given.
  • Preserve evidence: AIS data, ECDIS track, VDR, CCTV, deck logs, emails, and satellite phone records.

DO NOT

  • Do not switch off AIS or disable tracking unless you are specifically instructed by the boarding authority and it is safe and lawful to do so. If instructed, record the instruction and time.
  • Do not delete messages, photos, or logs. Destruction or tampering can create criminal exposure and insurance prejudice.

3) Cooperation, but protect your legal position (without arguing)

DO

  • Cooperate with reasonable safety instructions and allow a safe muster.
  • Request that the commanding officer meets the Master on the bridge (or other controlled space) to clarify safety and process.
  • Ask what is happening: boarding for inspection, detention, diversion to port, or seizure/arrest.
  • Ask for a written receipt for any documents, seals, samples, or equipment taken.
  • If asked to sign documents: read carefully, sign only if required, and add a reservation such as “Signed for receipt only, without prejudice, under protest, Master not admitting liability.” Keep a copy or photograph.

DO NOT

  • Do not make admissions. Avoid statements like “we did it” or “we knew”. Stick to facts: “I will report to the Company and cooperate.”
  • Do not speculate on motive or politics on open radio or in front of armed personnel.

4) UNCLOS basics: what the Master should understand (operationally)

Under UNCLOS, the vessel on the high seas is generally under exclusive jurisdiction of the flag State. Boarding by another State is lawful only under recognised bases, for example:

  • Right of visit in limited cases (eg suspicion of piracy, slave trade, unauthorised broadcasting, stateless vessel, or where the ship is in reality of the same nationality) and related enforcement steps.
  • Hot pursuit if initiated lawfully and continuously from within jurisdictional waters and conditions are met.
  • Piracy related actions on the high seas.
  • Consent of the flag State, or authority under a relevant UN Security Council mandate or applicable treaty arrangements.

Practical point: You are not expected to argue UNCLOS articles on the bridge while armed forces are present. Your job is to stay safe, document the basis claimed, and trigger the Company and flag State response.

5) Flag State and company actions: get the right people engaged fast

DO

  • Request immediate flag State contact and ask the boarding authority to permit communication with Company, flag State, and consular support.
  • Inform the P and I Club and H and M underwriters through the Company without delay. Early notification protects cover and appoints counsel.
  • If diverted to port, request a clear statement of destination, ETA, and custody arrangements for crew.

DO NOT

  • Do not rely on informal assurances like “you will be released soon”. Continue formal reporting and documentation.

6) Insurance and evidence preservation: protecting cover

DO

  • Treat as a potential “detention, arrest, seizure” event. Coverage can sit across P and I, H and M, War Risks, and Kidnap and Ransom (if applicable).
  • Mitigate loss: maintain the vessel safely, prevent pollution, secure cargo, protect machinery, and follow technical best practice.
  • Collect witness statements early, while memories are fresh, with times and signatures.
  • Record damage and losses with photographs and an inventory.

DO NOT

  • Do not undertake unauthorised deviation or discharge unless ordered by the lawful authority and recorded. Unexplained deviation can trigger charterparty and cargo disputes.
  • Do not permit uncontrolled access to cargo spaces or sensitive areas without recording who entered and why.

7) Human rights and crew welfare: minimum standards you should insist on

DO

  • Insist on humane treatment: no violence, no humiliation, no discrimination, and no collective punishment.
  • Request medical care for any injured or unwell crew and record requests and responses.
  • Request that crew identification documents are handled properly and returned, with receipts if taken.
  • Ask for rest, food, water, sanitation, and medication access especially during prolonged detention.
  • Ask for interpretation if language is a barrier, and ensure crew understand orders to avoid accidental non compliance.

DO NOT

  • Do not allow crew to be isolated unnecessarily without recording names, times, and destination. If separation occurs, record it and seek confirmation of wellbeing.

8) Simple “Master’s checklist” (print and keep on the bridge)

DO

  1. Stabilise navigation and machinery safety.
  2. Activate SSP and notify CSO, DPA, flag State.
  3. Comply, do not resist, de escalate.
  4. Identify authority and claimed legal basis, record it.
  5. Preserve VDR, AIS track, CCTV, logs, emails.
  6. Muster crew, account for all persons.
  7. Notify insurers via Company, request legal counsel.
  8. Sign only “for receipt”, “without prejudice”, keep copies.
  9. Document any force used, any injuries, any property taken.
  10. Maintain crew welfare, request medical and consular support.

DO NOT

  1. Do not resist, run, or manoeuvre aggressively.
  2. Do not destroy, alter, or hide records or evidence.
  3. Do not make admissions or speculate.
  4. Do not allow uncontrolled access without logging.
  5. Do not post on social media or speak to press.

Final note

A seizure at sea is primarily a people safety event and secondarily a legal and insurance event. The Master’s best protection is calm compliance, disciplined documentation, and immediate escalation to Company, flag State, and insurers, while safeguarding crew welfare and dignity at all times.

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