UMS operates in conformity to:
UMS operates in conformity to:
Moreover, UMS acknowledges that the Master remains at all times in command and is the overriding authority on board, and a progression in authority should the Master be unavailable or incapacitated.
UMS requires from its Personnel to treat all persons in a human manner and with respect for their dignity and privacy and reporting any breach.
RULES FOR THE USE OF FORCE
UMS has adopted RULES FOR THE USE OF FORCE consistent with applicable Law and the minimum requirements of RUF Series 100 and agreed with its Clients to conform to these Rules.
USE OF FORCE
UMS requires from its Personnel to take all reasonable steps to avoid the Use of Force. If force is used, it shall be reasonable & necessary to the threat. In no case shall the Use of Force exceed what is strictly necessary and should be proportionate to the threat and appropriate to the situation.
UMS requires from its Personnel not to engage on use of firearms against persons except in self-defense or defense of others against the imminent threat of death or serious injury, or to prevent the perpetration of a particularly serious crime involving grave threat to life.
To the extent that Personnel are formally authorized to assist in the exercise of a State’s Law Enforcement Authority, UMS requires that their Use of Force or weapons will comply with all National and International Obligations applicable to regular Law Enforcement Officials of that State and, as a minimum, with the Standards expressed in the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990).
No Use of Firearms that cause unwarranted injury or present an unwarranted risk.
The firearms will be used only in the appropriate circumstances and in a manner likely to decrease the risk of unnecessary harm.
When Force is used, medical treatment is provided to injured persons, including to offenders (the company provides all PCASPs/Local security Personnel with STCW/medical first aids kit, and at least one, primarily the Team Leader, has Medical Trauma Qualification).
Equipment exports and imports comply with all applicable Law and Regulations, of the country concerned.
UMS monitors the use of equipment and will take actions towards investigating efficiently and effectively all situations in which such equipment is used in an inappropriate manner.
Before the Use of Force, the development of non-lethal incapacitating firearms (rocket flares), should be used in appropriate situations, with a view to increasingly restraining the application of means capable of causing death or injury to persons.
Assistance and medical aid will be offered to any injured person.
Clear intent of using firearms is used in advance (for instance: showing/raising up the firearms by the security armed onboard -verbal warnings by vessel’s whistle).
UMS and its Personnel will only, guard, transport, or question detainees if:
(a) UMS has been specifically contracted to do so by a state; and
(b) in case its Personnel is trained to conduct such a task, according to Guidelines in the applicable National and International Law.
UMS requires that its Personnel will treat all detained persons in a humane manner and in a manner consistent to their status and protections under applicable Human Rights Law or International Humanitarian Law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.
In particular, if someone is to be detained on board after an unsuccessful attack or possible injuries then:
UMS requires from its Personnel to not take or hold any persons except when apprehending persons to defend themselves or others against an imminent threat of violence, or following an attack or crime committed by such persons against Company Personnel, or against Clients or property under their protection, pending the handover of such detained persons to the Competent Authority at the earliest opportunity. Any such apprehension must be consistent with applicable National or International Law and be reported to the Client without delay. Signatory Companies will, and will require that their Personnel treat all apprehended persons humanely and consistent with their status and protections under applicable Human Rights Law or International Humanitarian Law, including in particular prohibitions on torture or other cruel, inhuman or degrading treatment or punishment.
Prohibition of Torture or Other Cruel, Inhuman or degrading Treatment or Punishment
UMS requires from its Personnel to not engage in torture or other cruel, inhuman or degrading treatment or punishment. For the avoidance of doubt, torture and other cruel, inhuman or degrading treatment or punishment, as referred to here, includes conduct by a private entity which would constitute torture or other cruel, inhuman or degrading treatment or punishment if committed by a public official.
Contractual obligations, superior orders or exceptional circumstances such as an armed conflict or an imminent armed conflict, a threat to National or International Security, internal political instability, or any other public emergency, can never be a justification for engaging in torture or other cruel, inhuman or degrading treatment or punishment.
UMS requires from its Personnel to report any acts of torture or other cruel, inhuman or degrading treatment or punishment, known to them, or of which they have reasonable suspicion. Such reports will be made to the Client and one or more of the following: the competent Authorities in the country where the acts took place, the country of Nationality of the victim, or the country of nationality of the perpetrator.
Sexual Exploitation and Abuse or Gender-Based Violence
UMS will not benefit from, nor allow their Personnel to engage in or benefit from, sexual exploitation (including, for these purposes, prostitution) and abuse or gender-based violence or crimes, either within the Company or externally, including rape, sexual harassment, or any other form of sexual abuse or violence. UMS requires Personnel to, remain vigilant for all instances of sexual or gender-based violence and, where discovered, report such instances to competent authorities.
UMS will not, and requires Personnel not to, engage in trafficking in persons. UMS requires Personnel to, remain vigilant for all instances of trafficking in persons and, where discovered, report such instances to Competent Authorities. For the purposes of this Code, human trafficking is the recruitment, harbouring, transportation, provision, or obtaining of a person for (1) a commercial sex act induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age; or (2) labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, debt bondage, or slavery.
Prohibition of Slavery and Forced Labor
UMS will not use slavery, forced or compulsory labor, or be complicit in any other entity’s use of such labor.
Prohibition on the Worst Forms of Child Labor
UMS respects the rights of children (anyone under the age of 18) to be protected from the worst forms of child labor, including:
UMS requires the Personnel to report any instances of the activities referenced above that they know of, or have reasonable suspicion of, to Competent Authorities.
UMS requires that Personnel do not discriminate on grounds of race, colour, sex, religion, social origin, social status, indigenous status, disability, or sexual orientation when hiring Personnel and will select Personnel on the basis of the inherent requirements of the contract.
Identification and Registration
UMS, to the extent consistent with reasonable security requirements and the safety of civilians:
Selection and Vetting of Personnel
UMS exercises due diligence in the selection of Personnel, including verifiable vetting and ongoing performance review of their Personnel. Company hires individuals with the requisite qualifications as defined by the applicable contract, applicable national law and industry standards, and the principles of our policies / procedures (QSP-05). UMS will not hire individuals under the age of 18 years to carry out Security Services.
UMS will assess and ensure the continued ability of Personnel to perform their duties in accordance with our procedures (QSP-05,16) and will regularly evaluate Personnel to ensure that they meet appropriate physical and mental fitness standards to perform their contracted duties.
UMS has established and maintains internal policies and procedures to determine the suitability of applicants, or Personnel, to carry weapons as part of their duties. At a minimum, this includes checks that they have not: [/vc_column_text]
For the purposes of this paragraph, disqualifying crimes may include, but are not limited to, battery, murder, arson, fraud, rape, sexual abuse, organized crime, bribery, corruption, perjury, torture, kidnapping, drug trafficking or trafficking in persons. This provision shall not override any law restricting whether a crime may be considered in evaluating an applicant. Nothing in this section would prohibit a Company from utilizing more stringent criteria.
UMS requires all applicants to authorize access to prior employment records and available Government records as a condition for employment or engagement. This includes records relating to posts held with the military, police or public or Private Security Providers. Moreover, Company will, consistent with applicable national law, require all Personnel to agree to participate in internal investigations and disciplinary procedures as well as in any public investigations conducted by competent authorities, except where prohibited by law.
Selection and Vetting of Subcontractors
UMS exercises due diligence in the selection, vetting and ongoing performance review of all subcontractors performing Security Services.
UMS requires that Personnel and all subcontractors and other parties carrying out Security Services under the contract, operate in accordance with the principles / policies / procedures of our company and international laws.
Company Policies and Personnel Contracts
UMS ensures that her policies on the nature and scope of services they provide, on hiring of Personnel and other relevant Personnel reference materials such as Personnel contracts include appropriate incorporation to the applicable labor laws. Contract terms and conditions will be clearly communicated and available in a written form to all Personnel in a format and language that is accessible to them.
UMS will keep employment and service records and reports on all past and present personnel for a period of 7 (seven) years. Company requires all Personnel to authorize the access to, and retention of, employment records and available Government records, except where prohibited by law.
UMS will only hold passports, other travel documents, or other identification documents of their Personnel for the shortest period of time reasonable for administrative processing or other legitimate purposes. This paragraph does not prevent a Company from co-operating with law enforcement authorities in the event that a member of their Personnel is under investigation.
In particular, it should be clear to anyone of the Personnel contracts the following:
The following context must be signed by the personnel:
“During my deployment for provision of either armed or unarmed services, I will be in line with the principles of the International Code of Conduct, voluntary principles on security and human rights as well as with basic principles on the use of force and firearms by law enforcement officials”.
Contracts of employment include a requirement for the individual to notify the PMSC of any circumstances that might lead to a review of their screening status and possible suspension of employment in accordance with applicable law.
In addition, company retains records (application forms) details of personnel’s next of kin and written consent for contact with established protocols as to how and by which suitably trained personnel.
Training of Personnel
UMS ensures that all Personnel performing Security Services receive initial and recurrent professional training and are also fully aware of UMS policies and all applicable international and relevant national laws, including those pertaining to international human rights, international humanitarian law, international criminal law and other relevant criminal law. Company maintain records adequate to demonstrate attendance and results from all professional training sessions, including from practical exercises.
Management of Weapons
UMS has acquired and maintain authorizations for the possession and use of any weapons and ammunition required by applicable law.
UMS will neither, and requires that Personnel do not, possess nor use weapons or ammunition which are illegal under any applicable law. Companies will not, and requires that Personnel not, engage in any illegal weapons transfers and will conduct any weapons transactions in accordance with applicable laws and UN Security Council requirements, including sanctions. Weapons and ammunition will not be altered in any way that contravenes applicable national or international law.
Company procedures (QSP-08) for Management of Firearms and ammunitions includes:
UMS requires that:
Management of Material of War
UMS will neither, and requires that the Personnel will neither, possess nor use any materiel of war, e.g. hazardous materials and munitions, which are illegal under any applicable law. UMS will not and requires that the Personnel not engage in any illegal material transfers and will conduct any materiel of war transactions in accordance with applicable laws and UN Security Council requirements, including sanctions.
UMS has created the procedures in order to prepare an incident report documenting any incident involving its Personnel that involves the use of any weapon, which includes the firing of weapons under any circumstance (except authorized training), any escalation of force, damage to equipment or injury to persons, attacks, criminal acts, traffic accidents, incidents involving other security forces, or such reporting as otherwise required by the Client, and will conduct an internal inquiry in order to determine the following:
Upon completion of the inquiry, the Company will produce in writing an incident report including the above information, copies of which will be provided to the Client and, to the extent required by law, to the Competent Authorities.
Safe and Healthy Working Environment
UMS will strive to provide a safe and healthy working environment, recognizing the possible inherent dangers and limitations presented by the local environment. UMS will ensure that reasonable precautions are taken to protect relevant staff in high-risk or life-threatening operations. These will include:
UMS will not tolerate harassment and abuse of co-workers by their Personnel.
UMS has established grievance procedures to address claims alleging failure by the Company to respect the principles brought by Personnel or by third Parties.
UMS ensures that it has sufficient financial capacity in place at all times to meet reasonably anticipated commercial liabilities for damages to any person in respect of personal injury, death or damage to property. Sufficient financial capacity is met by adequate insurance coverage, (such as by employer’s liability and public liability coverage appropriately sized for the scale and scope of operations).
UMS recognizes a commitment to act in a manner consistent with the laws of the countries within which PCASP is present, to be mindful of the highest applicable standards and to promote the observance of applicable international law enforcement.
UMS obtains extensive background information regarding piracy, from various and different sources, monitoring and adapting to changing, complex political, economic and law enforcement, military and social situations. In order to achieve them, company receives: