Coast Guard Finalizes U.S.-Flag Piracy Self-Defense Guidance

On July 6, 2011, the U.S. Coast Guard finalized its policy regarding permissible self-defense measures for U.S.-flag vessels faced with the threat of piracy. The April 2009 piratical attacks on the M/V Maersk Alabama and the M/V Liberty Sun focused Coast Guard and other federal government attention on defense of U.S.-flag vessels. Coast Guard-issued Port Security Advisory (3-09), published on June 18, 2009, provides guidance on what measures may be undertaken by a U.S.-flag vessel in self-defense, including when deadly force can be used. To provide some assurance to U.S.-owners and their crews and agents, Congress enacted a provision in October 2010 (section 912 of the Coast Guard Authorization Act of 2010) which provides a level of civil immunity to persons defending a U.S.-flag vessel "if such force was in accordance with standard rules for the use of force in self-defense of vessels" set forth by the Coast Guard. Following public comment, the Coast Guard has concluded that the existing Port Security Advisory (3-09) is adequate for the purpose of setting forth those "standard rules."