National and International Regulation and Practices Pertaining to PMSC of Malaysia

The cases of sea robberies and crimes in Asia and particularly in Malaysia waters from 2013 to 2018 is quite alarming. The cases from 2013 to 2018 is consecutively 150, 187, 203, 85, 101, and 83. There was a steady increase in cases from 2013 to 2015, which reached a peak of 203 cases in 2015. The current area of serious concern is the Sulu-Celebes Sea and waters off Eastern Sabah. The Malaysia maritime security forces that consist of the Royal Malaysian Navy, MMEA, and Marine Police have all out to stop thse sea crimes. The increased number of assets and frequency of patrol is not practical and costly and it is difficult to ensure the security of each vessel. One solution by the shipowner is to engage the service of the private maritime security company (PMSC) as a last security net. Ministry of Home Affair (MOHA) had established regulation for the operation of PMSC in Malaysia based on local law. However, the regulation is not compatible with international requirements and especially when shipping is the most international industry in the world. The reason for the incompatibility is may due to MOHA was using regulations and standards of on-land private security companies in Malaysia to develop the standard for the private maritime security firm. Another reason is Marine Department Malaysia, which represents Malaysia in the International Maritime Organization was not referred.