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ADVANCED CRUISE SHIP SECURITY COURSE:
CRIME PREVENTION, DETECTION, EVIDENCE PRESERVATION AND REPORTING:
            CRUISE LINE SECURITY AND SAFETY ACT OF 2010


                VINCENT J. McNALLY, MPS, CEAP
                  SAFEATSEA@HOTMAIL.COM
                          813 802 8086
OVERVIEW

Overview: This 5 day course is a reality based seminar with exercises which exceeds
the requirements of CVSSA, and is intended to provide knowledge required for
security personnel assigned to passenger vessels.

This course has been received by the designated US Government certifying agency
(MARAD) and is awaiting final approval.

This course was developed by Vincent McNally who has six years’ experience as a
ship Security Officer for a major cruise line, police instructor in Baghdad, Iraq, over
30 years as an FBI Agent, Supervisor and Unit Chief as well as developing master
degree university courses .
Contact: safeatsea@hotmail.com
SCOPE


This course is intended to provide the knowledge required for personnel who are assigned
passenger vessel security responsibilities to perform their duties as mandated in the
Cruise Vessel Security and Safety Act of 2010 (CVSSA) , Pub. L. No. 111-207 (July 27, 2010)
(codified at 46 U.S.C. Sections 3507, 3508). (As MARAD, per e-mail and conversation on
8/29/2012, advised the instructor Vince McNallly on August 29, 2012 that they have not
developed the certification standards to certify a CVSSA course and when they do they will
look at my course. In the meantime it is permissible to teach the course. Also, MARAD is
the only correct certification entity for CVSSA. (Guidelines for Maritime Security Training
Course Providers: I. BACKGROUND: Section 109 of the Maritime Transportation Security Act
of 2002 (MTSA) (P.L. 107-295) charged the Secretary of Transportation with developing
“standards and curriculum to allow for the training and certification of maritime security
professionals.” The Secretary of Transportation delegated the MTSA mandate to the
Maritime Administration (MARAD) and the United States Merchant Marine Academy,
which developed the required standards and curriculum and prepared a report to
Congress.)
Cruise ships are cities within themselves with
elaborate security measures to protect employees
and guests. Add into the equation a rogue wave,
an accident, a serious altercation, a fire, a swine
flu epidemic or even piracy … now we have a
serious problem.


               COPYRIGHT 2012 TRAUMAREDUCTION INC.
WHAT HAPPENS IF THE WRONG
    ACTION IS TAKEN TO A MINOR
             INCIDENT
• Media=bad
    publicity
•   Loss of revenue
•   Shutdown

• WHAT HAPPENS
    ON A CRUISE SHIP
    AFFECTS THE
    ENTIRE SHIPPING
    INDUSTRY.
POSSIBLE CIRCUMSTANCES
• Sexual assaults
  45%=2000-2005
• Physical assaults 22%
• Robbery
• Pirates
• Hijacking
• Suicide Bomber
• Terrorists (1/30years)
  Achilles Lauro,
  Mediterranean
CRUISE SHIP SECURITY & SAFETY ACT
             OF 2010
    • On July 27, 2010 President Obama signed
      into law the Cruise Vessel Security and
      Safety Act of 2010. The new law aims to
      improve the safety and security of
      American citizens sailing as passengers to
      and from the United States on large cruise
      vessels. The law requires large cruise
      vessels carrying American citizens to
      adopt basic reporting, safety, and security
      measures SIMILIAR to those American
      tourists have come to expect in the hotel
      industry in the United States.
              COPYRIGHT 2012 TRAUMAREDUCTION INC.
12,000,000 passengers vacation on Cruise vessels PER YEAR
CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010
     REQUIRES CRUISE VESSELS TO ADOPT:

             •   SECURITY PEEPHOLES
             •   SECURITY CAMERAS
             •   TIME SENSITIVE LOCKS AND LATCHES
             •   42 INCH HIGH GUARD RAILS
             •   SAFETY GUIDE TO EACH PASSENGER
             •   REPORT TO THE FBI ALL SERIOUS CRIME AND THEFTS OVER
                 $1000
             •   SERIOUS CRIMES AND WITH THEFTS AVOVE $10,000 TO BE
                 REPORTED IMMEDIATELY TO THE FBI IF AMERICAN
                 NATIONAL
             •   FBI POST STASTISTICAL INFO RE CRIMES ONTO THE
                 INTERNET
             •   ENHANCED MEDICAL REQUIREMENTS FOR SEXUAL
                 ASSAULT VICTIMS AND TO PROVIDE INFO AND ACCESS TO
                 LAW ENFORCEMENT AND COUNSEL
             •   CONFIDENTIALITY OF SEXUAL ASSAULT VICTIMS
             •   CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS


                   COPYRIGHT 2012 TRAUMAREDUCTION INC.
FBI Jurisdiction
Cruise Ship Safety and Security
           • The FBI has jurisdiction over a crime
             committed on a ship that has U.S. citizens on
             aboard, regardless of flag and the
             nationality of the perpetrator or victim.
           • If the crime occurs within the territorial
             waters or 12 miles of the U.S. coast, then it is
             under the FBIs jurisdiction.
           • If the perpetrator or victim is a U.S. national
             on a ship that departed from a U.S. port, then
             the FBI has jurisdiction over the crime.
           • The FBI has jurisdiction over any acts of
             terrorism against the U.S.
           • If the crime occurs outside of U.S. territorial
             waters, international laws or laws of
             sovereign nations will apply.
           • The FBI legal attaches assist local authorities
             in evidence collection and other duties.

        COPYRIGHT 2012 TRAUMAREDUCTION INC.
Cruise Ship Safety and Security
• The Coast Guard inspects each cruise ship's safety
  and compliance to regulations.
• It covers lifesaving equipment, hull structure,
  watertight integrity, firefighting and safety
  navigation of the ship to name a few.
• If the ship passes cruise safety inspection, it is
  issued a validation certificate. This certificate is
  displayed for passengers to view. Twice a year,
  the Coast Guard administers a vessel compliance
  program of all international and U.S. standards
  including environmental protection, cruise ship
  safety and security.
•                COPYRIGHT 2012 TRAUMAREDUCTION INC.
Objective
Those who successfully complete this course should be able to
demonstrate knowledge, understanding and proficiency in crime
prevention and detection, evidence preservation and reporting of criminal
activities in the international maritime environment as defined in CVSSA
Section 3508. This knowledge shall include, but is not limited to:

1. ability to identify protective measures for preventing and detecting
criminal activity;
2. familiarity with emergency procedures and contingency plans;
3. recognition of security and safety risks, threats, and vulnerabilities;
4. techniques used to circumvent security measures;
5. recognition, on a non-discriminatory basis, of characteristics and
behavioral patterns of persons who are likely to pose security and safety
threats;
6. understanding of the roles and responsibilities of law enforcement
officials, vessel security officers and medical staff;
7. ability to secure and maintain a crime scene until released by law
enforcement officials and;
8. understanding of reporting requirements and the ability to
document serious crimes.
COURSE SYLLABUS
INTRODUCTION

LEVEL 1 SECURITY TRAINING

ACTIVE LISTENING TOOLS

INTERVIEW AND INTERROGATION

EVIDENCE AND CRIME SCENE

SEXUAL ASSAULT

DEATH INVESTIGATION

REPORT WRITING AND CASE
MANAGEMENT

FIRST RESPONDER CRISIS NEGOTIATION

                   COPYRIGHT 2012 TRAUMAREDUCTION INC.
PRACTICAL EXERCISE SCENERIO:
NEGOTIATOR TALKING TO HOSTAGE TAKER




            copyright 2012: traumareduction inc.
Entry Standards
    Those attending this course are mariners or other
    persons who are employed (or are to be
    employed) by a passenger vessel owner or
    operator and who are likely to be designated as
    part of the vessel’s security team. If not designated
    as “Vessel Security Officer”, those who take this
    course should have knowledge of vessel operations
    and maritime security matters. Verification that
    these conditions are met will be done prior to
    accepting candidates for training.
Contact: safeatsea@hotmail.com

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one week ADVANCED SHIP SECURITY COURSE

  • 1. ADVANCED CRUISE SHIP SECURITY COURSE: CRIME PREVENTION, DETECTION, EVIDENCE PRESERVATION AND REPORTING: CRUISE LINE SECURITY AND SAFETY ACT OF 2010 VINCENT J. McNALLY, MPS, CEAP SAFEATSEA@HOTMAIL.COM 813 802 8086
  • 2. OVERVIEW Overview: This 5 day course is a reality based seminar with exercises which exceeds the requirements of CVSSA, and is intended to provide knowledge required for security personnel assigned to passenger vessels. This course has been received by the designated US Government certifying agency (MARAD) and is awaiting final approval. This course was developed by Vincent McNally who has six years’ experience as a ship Security Officer for a major cruise line, police instructor in Baghdad, Iraq, over 30 years as an FBI Agent, Supervisor and Unit Chief as well as developing master degree university courses . Contact: safeatsea@hotmail.com
  • 3. SCOPE This course is intended to provide the knowledge required for personnel who are assigned passenger vessel security responsibilities to perform their duties as mandated in the Cruise Vessel Security and Safety Act of 2010 (CVSSA) , Pub. L. No. 111-207 (July 27, 2010) (codified at 46 U.S.C. Sections 3507, 3508). (As MARAD, per e-mail and conversation on 8/29/2012, advised the instructor Vince McNallly on August 29, 2012 that they have not developed the certification standards to certify a CVSSA course and when they do they will look at my course. In the meantime it is permissible to teach the course. Also, MARAD is the only correct certification entity for CVSSA. (Guidelines for Maritime Security Training Course Providers: I. BACKGROUND: Section 109 of the Maritime Transportation Security Act of 2002 (MTSA) (P.L. 107-295) charged the Secretary of Transportation with developing “standards and curriculum to allow for the training and certification of maritime security professionals.” The Secretary of Transportation delegated the MTSA mandate to the Maritime Administration (MARAD) and the United States Merchant Marine Academy, which developed the required standards and curriculum and prepared a report to Congress.)
  • 4. Cruise ships are cities within themselves with elaborate security measures to protect employees and guests. Add into the equation a rogue wave, an accident, a serious altercation, a fire, a swine flu epidemic or even piracy … now we have a serious problem. COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 5. WHAT HAPPENS IF THE WRONG ACTION IS TAKEN TO A MINOR INCIDENT • Media=bad publicity • Loss of revenue • Shutdown • WHAT HAPPENS ON A CRUISE SHIP AFFECTS THE ENTIRE SHIPPING INDUSTRY.
  • 6. POSSIBLE CIRCUMSTANCES • Sexual assaults 45%=2000-2005 • Physical assaults 22% • Robbery • Pirates • Hijacking • Suicide Bomber • Terrorists (1/30years) Achilles Lauro, Mediterranean
  • 7. CRUISE SHIP SECURITY & SAFETY ACT OF 2010 • On July 27, 2010 President Obama signed into law the Cruise Vessel Security and Safety Act of 2010. The new law aims to improve the safety and security of American citizens sailing as passengers to and from the United States on large cruise vessels. The law requires large cruise vessels carrying American citizens to adopt basic reporting, safety, and security measures SIMILIAR to those American tourists have come to expect in the hotel industry in the United States. COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 8. 12,000,000 passengers vacation on Cruise vessels PER YEAR CRUISE VESSEL SECURITY AND SAFETY ACT OF 2010 REQUIRES CRUISE VESSELS TO ADOPT: • SECURITY PEEPHOLES • SECURITY CAMERAS • TIME SENSITIVE LOCKS AND LATCHES • 42 INCH HIGH GUARD RAILS • SAFETY GUIDE TO EACH PASSENGER • REPORT TO THE FBI ALL SERIOUS CRIME AND THEFTS OVER $1000 • SERIOUS CRIMES AND WITH THEFTS AVOVE $10,000 TO BE REPORTED IMMEDIATELY TO THE FBI IF AMERICAN NATIONAL • FBI POST STASTISTICAL INFO RE CRIMES ONTO THE INTERNET • ENHANCED MEDICAL REQUIREMENTS FOR SEXUAL ASSAULT VICTIMS AND TO PROVIDE INFO AND ACCESS TO LAW ENFORCEMENT AND COUNSEL • CONFIDENTIALITY OF SEXUAL ASSAULT VICTIMS • CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 9. FBI Jurisdiction Cruise Ship Safety and Security • The FBI has jurisdiction over a crime committed on a ship that has U.S. citizens on aboard, regardless of flag and the nationality of the perpetrator or victim. • If the crime occurs within the territorial waters or 12 miles of the U.S. coast, then it is under the FBIs jurisdiction. • If the perpetrator or victim is a U.S. national on a ship that departed from a U.S. port, then the FBI has jurisdiction over the crime. • The FBI has jurisdiction over any acts of terrorism against the U.S. • If the crime occurs outside of U.S. territorial waters, international laws or laws of sovereign nations will apply. • The FBI legal attaches assist local authorities in evidence collection and other duties. COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 10. Cruise Ship Safety and Security • The Coast Guard inspects each cruise ship's safety and compliance to regulations. • It covers lifesaving equipment, hull structure, watertight integrity, firefighting and safety navigation of the ship to name a few. • If the ship passes cruise safety inspection, it is issued a validation certificate. This certificate is displayed for passengers to view. Twice a year, the Coast Guard administers a vessel compliance program of all international and U.S. standards including environmental protection, cruise ship safety and security. • COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 11. Objective Those who successfully complete this course should be able to demonstrate knowledge, understanding and proficiency in crime prevention and detection, evidence preservation and reporting of criminal activities in the international maritime environment as defined in CVSSA Section 3508. This knowledge shall include, but is not limited to: 1. ability to identify protective measures for preventing and detecting criminal activity; 2. familiarity with emergency procedures and contingency plans; 3. recognition of security and safety risks, threats, and vulnerabilities; 4. techniques used to circumvent security measures; 5. recognition, on a non-discriminatory basis, of characteristics and behavioral patterns of persons who are likely to pose security and safety threats; 6. understanding of the roles and responsibilities of law enforcement officials, vessel security officers and medical staff; 7. ability to secure and maintain a crime scene until released by law enforcement officials and; 8. understanding of reporting requirements and the ability to document serious crimes.
  • 12. COURSE SYLLABUS INTRODUCTION LEVEL 1 SECURITY TRAINING ACTIVE LISTENING TOOLS INTERVIEW AND INTERROGATION EVIDENCE AND CRIME SCENE SEXUAL ASSAULT DEATH INVESTIGATION REPORT WRITING AND CASE MANAGEMENT FIRST RESPONDER CRISIS NEGOTIATION COPYRIGHT 2012 TRAUMAREDUCTION INC.
  • 13. PRACTICAL EXERCISE SCENERIO: NEGOTIATOR TALKING TO HOSTAGE TAKER copyright 2012: traumareduction inc.
  • 14. Entry Standards Those attending this course are mariners or other persons who are employed (or are to be employed) by a passenger vessel owner or operator and who are likely to be designated as part of the vessel’s security team. If not designated as “Vessel Security Officer”, those who take this course should have knowledge of vessel operations and maritime security matters. Verification that these conditions are met will be done prior to accepting candidates for training.

Notes de l'éditeur

  1. On July 27, 2010 President Obama signed into law the Cruise Vessel Security and Safety Act of 2010. The new law aims to improve the safety and security of American citizens sailing as passengers to and from the United States on large cruise vessels. The law requires large cruise vessels carrying American citizens to adopt basic reporting, safety, and security measures akin to those American tourists have come to expect in the hotel industry in the United States.BackgroundAt the urging of the International Cruise Victims Association, Inc. (ICV), congressional hearings first considered this subject in 2005 and 2006. Then, in January 2007 the Los Angeles Times published an important article reporting that there were 250 sexual assault incidents on Royal Caribbean Cruises alone within a 32 month period. Congressional hearings followed and much of the testimony focused on these sexual assaults by crew members on passengers. FBI testimony indicated that in almost 40 percent of the sexual assaults reported to the FBI the suspects were employees of the cruise line. Representatives of the cruise line industry highlighted the steps the industry had taken to address the problems and sought to reassure Congress that cruise vessels were safe and that legislation was neither necessary nor proper since cruise vessels were outside the jurisdiction of the United States.The original ideas upon which the new law is based were first proposed to Congress more than three years ago and, in large measure, Congress remained true to the original proposal advanced by the ICV and other advocates for victims. Despite opposition from the cruise line industry, modest cruise vessel crime legislation focusing on reporting was passed by the U.S. House of Representatives for the first time in April 2008.The legislative effort received a major boost in June 2008 with the co-sponsorship of a comprehensive proposal advanced by the ICV and introduced by Senator John Kerry (D-MA) and Representative Doris Matsui (D-CA). The House passed an amended version of cruise vessel crime legislation again in the Coast Guard Authorization legislation in October 2009 and the ICV’s stand-alone version of the legislation passed the House by an overwhelmingly bipartisan vote in November 2009. But, the legislation languished in the U.S. Senate even though it was reported out of the Senate Commerce Committee unanimously in September 2009. Successive holds were placed on the legislation by senators and new questions posed about its potential cost and the potential burden on the U.S. Coast Guard to implement it. The process of dealing with these belated objections in the Senate took almost a year to resolve.In the end, the cruise industry’s leading trade organization, Cruise Lines International Association (CLIA), praised the new law for bringing “greater consistency and clarity of security laws and regulations” to the industry.Highlights of the New LawThe new law makes many important legislative findings, including in summary that annually more than 12,000,000 passengers vacation on cruise vessels, that they “have an inadequate appreciation for their potential vulnerability to crime while on ocean voyages,” that the serious crimes on cruise vesselsinclude sexual assaults and physical assaults, that because of a lack of reporting requirements “obtaining reliable crime-related cruise data from governmental sources can be difficult,” and that upgrading and modernizing the safety and security infrastructure on cruise vessels would enhance passenger safety.In response to testimony to Congress that one crime involved a cabin steward who let himself into a young woman’s stateroom in the middle of the night to rape her, the new law requires cruise vessels to develop policies to restrict crewmember access to passenger cabins.The new law also mandates that cruise vessels adopt several other basic security measures familiar to American resort tourists, including security peepholes to be fitted on passenger cabin doors, security cameras, and equipping new cruise vessels with time sensitive locks and latches.The new law also requires cruise ships to improve safety with 42 inch high guard rails and to distribute a safety guide to each passenger with information about how to contact the proper authorities, and American consulates, everywhere the ship sails.Because many crimes go unreported to law enforcement authorities and cruise ship customers, the new law requires cruise ships to report to the FBI and keep a record of all serious crimes and thefts of over $1,000 and then to make this record available to the FBI, the Coast Guard, and other law enforcement officials. Serious crimes and thefts of over $10,000 must be reported immediately to the FBI if they involve an American national. These reporting requirements aim to facilitate investigation of these crimes and expose these crimes to the light of day. The new law mandates the FBI to prepare a statistical summary of the crime data, broken down by cruise line, and post it on the Internet. Additionally, each cruise line must include a link to this crime reporting Web site on its own Web site.In response to testimony criticizing the treatment of sexual assault victims by cruise lines, the new law requires the on-board medical personnel on cruise vessels to meet enhanced qualifications and standards, undergo sexual assault response training, and carry the proper anti-retroviral medications. The medical staff must also be able to conduct a forensic medical examination of sexual assault victims and prepare documentation for the victim and the authorities. They also have an obligation to immediately provide victims with private telephone and Internet access to law enforcement authorities, counsel, and third-party services, e.g. the National Sexual Assault Hotline program.The new law also includes medical confidentiality provisions forbidding the master of the vessel from passing on confidential medial records from sexual assault victims to company officials—particularly the corporate legal department—without the consent of the patient. These confidentiality rules make it more difficult for cruise lines to use the trauma counseling records to improve the company’s position in court.The new law provides for civil and criminal penalties to be assessed against cruise vessels that violate its provisions, including denial of entry into American waters.What’s Next?The version of this new law first co-sponsored by Senator Kerry and Representative Matsui also included reform of the Death on the High Seas Act (DOSHA) which limits damage recovery to only pecuniary damages in the event of a wrongful death on the high seas. This limitation bars recovery for non-pecuniary damages routinely available under other wrongful death laws, including loss of society, consortium, or punitive damages. However, proponents of the new law agreed to forego the DOSHA reform provision to secure Senate passage of the new law.The recent Deepwater Horizon casualty in the Gulf of Mexico has reopened congressional consideration of DOSHA reform. On June 9, 2010, survivors of the 11 rig workers lost in the casualty called for DOSHA reform in Washington, D.C. And on July 1, 2010, the House of Representatives passed the measure which has been referred to the Senate Commerce Committee for consideration. Since House passage, the U.S. Chamber of Commerce and leading maritime industry trade groups, including CLIA, have objected to the proposed DOSHA reform. Instead, the maritime trade groups have indicated that they would not oppose reform limited only to hazardous deepwater drilling operations. Congressional consideration of the proposed changes to DOSHA will likely unfold in the coming weeks before the November election recess.Additionally, proponents of the new law have indicated that it should provide a model for legislation in other countries to ensure that the protections afforded by the new law to American citizens on voyages from or to the United States are extended to American citizens on cruise vessels worldwide. Just as unilateral legislation in the United States has repeatedly led the world to reform maritime safety in the past, this new cruise vessel safety and security law may spark further reform abroad, especially since CLIA has publicly endorsed it.If you have any questions regarding this briefing, please contact the following Winston & Strawn partner.Washington, D.C.Lawrence I. Kiern lkiern@winston.com (202) 282-5811Home | News | Shipping | Tugs & Salvage | Business | Law | Training | Shipbuilding | Offshore | Government | Magazine | Marex DirectoryAdvertising | About Us | Contact Us | Newsletter Archives | Newsletter Advertising | Subscriber Management© Copyright 2011 The Maritime Executive, LLC. All rights reserved. Privacy policy.Share this with a friendMarEx News | MarEx Digital Magazine