Cruiseline Law Adherence Monitoring Personnel (CLAMP)

Proposed by International Cruise Victims Association, Inc

Dictionary definition: CLAMP - a device designed to bind or constrict or to press two or more parts together so as to hold them firmly. In this case the law and the reality at sea is protecting the well-being and safety of all persons onboard..

Purpose

This independent enforcement agency is intended to provide government (Flag and Port State nations), cruise line corporate management, vessels’ Masters, passengers, crew and all families with an organization designed to verify and ensure compliance with the various applicable laws and acceptable ethical business standards that are in place onboard both US and Non-US flagged vessels which either operate in US territorial waters or carry US Citizens in other waters of the world.

While the funding for the agency and its personnel might be provided by cruise lines wishing to operate inside US territorial waters or carry US Citizens onboard their vessels outside US territorial waters, the agency will be accountable to the applicable Flag and Port Nations perhaps as an arm of the International Maritime Organization or preferably an International Law Enforcement Agency such as Interpol.

Chain of Command

CLAMP officers will have an established chain of command onboard within their own group and the group leader will have a direct line to the appropriate supervisor onshore. The supervisor will have an access to the Master of the vessel and a working relationship must always exist. CLAMP officers will be under the command of the Master only in the same common areas as other passengers and the crew e.g. safety and application of maritime laws and security needs to comply with the ISPS Code and CLAMP’s own ethical standards and policies.

CLAMP officers will have an open line of liaison with the Master and any incident discovered by CLAMP personnel will be notified to the Master but the details of an investigation will only be provided in general, in the same manner as any investigating law enforcement agency will handle an incident except if the Master is the victim of the crime.

At an incident scene, the senior first responder will defer to the first CLAMP officer responding to an incident. The CLAMP officer may require the ship’s security organization to defuse a situation involving violence but as soon as possible, CLAMP will resume primacy for any and all investigations.

Authority

CLAMP officers will have the authority to close gangways while in harbor to ensure the integrity of a potential or actual crime scene and the witness pool. Any closure will be verified by CLAMP officers manning the gangway.

CLAMP officers will work with a cruiseline company and vessel Master to ensure that the any onboard scene is readily and continuously available to responding law enforcement investigators including forensic teams. This includes but is not limited to delaying a vessel’s departure or redirecting a vessel to a designated port to embark law enforcement. This though shall not preclude law enforcement investigators joining the vessel by other means e.g. helicopter, when environmental conditions and prognosis permits.

CLAMP officers shall also have the authority to liaise with the cruiseline company, vessel Master, local port authority, local law enforcement when there are reasons when a vessel might not be able to remain alongside e.g. dramatic change in climatic conditions. In which case, the vessel and all potential witnesses will be repositioned to a safe location within the territory of the Port Nation. There also may be some pressure on a Port Nation to have a vessel move from her allocated berth e.g. another vessel expected alongside; and in these circumstances the CLAMP officer will liaise with the relevant groups to ensure a safe and convenient anchorage within the port is nominated and the vessel repositioned accordingly.

CLAMP officers will also monitor a vessel’s responses to a report of a missing person or man overboard when the vessel is at sea including reversing the course, notifying local Maritime Rescue Control Centers and local shipping. CLAMP officers will also ensure that a thorough search is being initiated by the vessel and that all personnel are properly briefed concerning the protection of any possible evidence which might be encountered during a search.

CLAMP officers will be responsible for any investigations associated with a missing person or man overboard incident.

CLAMP headquarters will have staff trained, capable and willing to support family and friends on shore, concerning the progress of any investigation.

Manning Levels

The manning level of CLAMP officers will be dependent on the size of vessel and the number of possible embarked persons; this includes both passengers and crew.

The level will take into consideration the need for a male/female ratio of CLAMP officers to ensure that victims receive the appropriate support.

The minimum level of CLAMP officers for a small vessel is 3. (A small vessel would be considered that which might carry a maximum capacity of 1500 passengers and crew. This manning includes one 12 hour day worker, one 12 hour night worker and one day working supervisor who will supplement the on shift member as required. For a major incident all personnel will be expected to respond with the supervisor taking control of the incident response, once on scene).

The manning level will be firmly established after an on-site survey of a specific vessel and taking into account any incidents reported and assessments made during US CG Control Verification Examinations or those inspections of other nation’s Flag or Port state inspectors. The manning level may also be increased on certain itineraries or periods of the year with increased risk of activity e.g. spring break, graduation time, Christmas and New Year etc.

The manning level will consider the police: population ratio on shore as being relevant to the final decision. The manning level will normally be considered at a ratio of CLAMP: Population as 2:1000. The number of ship’s security personnel will be considered non-critical to the manning decision since:

a. They will not have the same duties as CLAMP officers

b. They are not part of the CLAMP organization except in a co-employment and support role

c. They will not have the same level and in-depth training as CLAMP officers

But it is expected then when deciding their own manning levels that the cruise line company not only considered the needs of SOLAS, watch keeper rest periods, countering the affects of sleep-deprivation but also the police: population ratios onshore and the manning levels required to ensure full and comprehensive screening of persons boarding the vessel to comply with the ISPS Code and/or the MTSA (or relevant national legislation).

The length of contract of CLAMP officers will take into consideration the effects of family separation, workload and the area of operation of the vessel in relation to the home of the personnel.

Training

ALL CLAMP officers will have extensive training in the following areas:-

CLAMP organization, powers and areas of responsibility.

Criminal Law.

Criminal Investigation including Crime Scene Protection, Interviews and Witness Statements, Chain of Evidence Documentation and Processes.

Criminal Photography.

Victim Trauma Management.

Domestic Violence Investigations.

Crisis Management and Human Behavior Training.

Human Diversity Training and Non Verbal Communications (Body Language).

Conduct of Criminal Risk Assessments including sexual assault, use of “date rape” drugs, theft of property/

Maritime Law including SOLAS (Safety of Life at Sea).

The ISPS Code.

Applicable National Maritime Security Legislation (dependent on itinerary – e.g. US ports requires MTSA).

Ship Safety Processes including Fire, Collision, Flooding and Survival Craft (they will also receive a specific briefing on their assigned vessel before they join and consolidated with a handover by the officer that they are relieving. They will also attend onboard safety, security, diversity and environmental training).

On-scene testing processes for drugs, alcohol and inhalant abuse.

The relevant company’s security and safety policies as applicable to the well-being of passengers and crew.

The relevant company’s security and safety equipment associated to a specific vessel (door locking system, CCTV system etc).

The relevant company’s training package as related to security, crime, safety and the environment.

First Aid, CPR and use of the AED.

Basic Self Defense and Reasonable Force.

Environmental Law and a company’s associated policies.

Special intelligence briefings with regards to criminal activities in the ports of call relevant to the itinerary, recent incidents on other cruise vessels, drug and inhalant abuse trends, and an overview of historical criminal activity encountered on cruise ships including lessons learned and processes implemented to redress shortcomings.

Narcotics smuggling and abuse trends including drug recognition and field testing.

National and state identification documents including methods for determining fake documents.

Certification

All training must be conducted at CLAMP approved facility. The training must be certified and documented. Periodic re-training or updating will also be conducted at frequent interviews.

Verification

An onboard CLAMP organization must also be subject to accounting and auditing to ensure that the organization’s mission and aims are being achieved and policies are being complied with by CLAMP officers.

These audits must also be documented and subject to verification and corrective action if required.

Fitness

Personnel must be physically fit and able to withstand an intense watch keeping system in a multi-complex environment. They will be expected to maintain their fitness regime throughout their time on the vessel.

Officers will be swimmers.

Language Skills

Personnel must have the following language skills – English (100), knowledge of Spanish or French is an advantage.

Personnel may be placed on a vessel with regards to their language skill and the itinerary but this might not always be the case given that the International Language of SOLAS is English and all crew are expected to understand this language.

Employment and Specialization

CLAMP officers will not stand watch on the gangway nor be included within the safety organization of a vessel but treated in this case, as passenger status.

They will be primarily responsible for verifying the application of laws designed to prevent criminal activity and protect persons. They may also be expected to report violations of Maritime Law e.g. non-compliance with ISPS Code or MTSA (visitors in Restricted Areas). They will also from time to time monitor the screening processes on the gangway to ensure compliance with the Code or appropriate national law.

Team members will have specific duties allocated to an individual which will ensure that an given time of the day, at sea or in harbor, the CLAMP group is able to provide an investigation team capable not only of collecting witness statements in a professional manner, conduct electronic evidence gathering including review of onboard revenue systems but preserve, identify, photograph, collate, gather and protect all evidence which might be identified during an investigation.

Crime scene analysis is outside the remit of the CLAMP onboard organization but the headquarters group shall have access to organizations capable of conducting accurate evidence analysis. CLAMP officers will ensure that the correct documentation is utilized to transfer any collected evidence and that such evidence is packaged and labeled as required by federal laws concerning biohazards etc.

Communications

Personnel will be provided with portable UHF that will include access to the assigned vessel’s UHF frequencies. However, their own UHF working frequency will be controlled and no ship’s personnel will be permitted access. On appropriate vessels they will have access to portable telephones. They will have an administrative password that permits them access to outside telephone lines. They will also be provided with independent secondary communications systems for example the Iridium Satellite telephone system.

They will have secure internet access and priority.

The system will be so designed that no person onboard the vessel will have deliberate or accidental access into the database or server carrying their correspondence, to and from the vessel. Deliberate accessing of law enforcement sensitive information by unapproved persons will be considered a criminal act.

Self Defense

CLAMP officers will be trained in self defense but this will only be used as a FINAL option and when determined necessary by officers to protect themselves or another person.

Weapons

CLAMP officers will serve unarmed and rely on the vessel’s security organization for additional protection. For investigations concerning incidences of violence or threatened violence, CLAMP officers will always have the support of the ship’s security personnel for the continued well-being and that of any victim or witness.

Restrainment

CLAMP officers will carry restraints and this may be used if no vessel personnel are in the location of an incident involving violence.

Sharing of Information

The agency will share information amongst its personnel on vessels but nothing will be released to the general public which might compromise the security of the vessel from a counter-terrorist viewpoint.

Behavior

On or off duty CLAMP officers will not socialize with the passengers or crew and are not permitted to enter a passenger or crew cabin (with the exception of their own) unless in the process of conducting an investigation.

CLAMP personal accommodation may be in either passenger and/or crew areas; but should be selected in such a manner to ensure that off-duty personnel are able to relax fully.

Conflict of Interest

CLAMP officers must be selected to ensure that the possibility of conflict of interest is non-existent; for example, CLAMP officers must have no previous employment with any cruise line industry. Personnel shall have no direct link with a cruise line e.g. family member of friend is employee of a cruise line either onboard or ashore.

Personnel will also be required to sign a binding contract that does not permit them to work in any form for a cruise line within 10 years of them leaving the agency.

Uniform and Identification Documents

On duty personnel may dress as appropriate to the area of their duty, this may include civilian clothes. The CLAMP officer will be provided with proper photographic identification and agency badge, to allow them to introduce themselves to any passenger, visitor, crew or responding law enforcement either at an incident scene, investigation or when working in civilian clothes.

Coverage

The agency will require additional manpower to assist the coverage of a vessel due to change of itinerary, special circumstances e.g. spring break cruises, or illness or those occasions when a person may be called from the vessel to provide testimony concerning and incident

Summary

This document is a draft proposal designed to create foundations for an organization independent of the cruise lines and civilian population which is responsible for working with the cruise lines and other law enforcement agencies to increase the level of safety and security for passengers, crew and visitors onboard a cruise vessel or on a shore based tour offered by the cruise lines in exchange for payment.

This document is a living document and intended for expansion either as a result of lessons learned from future incidents and, hopefully, from input from the cruise lines and law enforcement agencies.