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30 Jan 2009
Piracy off the coast of Somalia is big business. Last year alone pirate gangs were paid an estimated £35m from holding scores of ships and hundreds of crew members to ransom. But securing their release is the responsibility of a hidden mini-industry of lawyers, negotiators and security teams based nearly 7,000km (4,200 miles) away, in London, UK, the business capital of the world's maritime industry.
The key players in this sector like to keep their activities as
discreet as possible but in my investigation I gained access to people
involved in every part of the ransom chain.
When a ship's owner discovers one of their fleet has been hijacked, the
first port of call for them is normally to a lawyer like Stephen
Askins, whose firm is one of the few that deals with kidnaps and
ransoms at sea.
"We would expect to be called early," says Mr Askins. "And how you then deal with the negotiations will be a team decision.
There's no official "how to pay a ransom" rulebook - and the uncertainty leads "lots of sensitivity".
"People will do it in different ways," says Mr Askins, "but at the end
of the day it's somebody from the owner's side talking to someone from
the pirate's side, negotiating their way to a final settlement."
No two kidnaps are the same but the proliferation of attacks off the
coast of Somalia in the past year means a pattern has been established
where the pirates see it as a business. They may be armed and dangerous
but, Mr Askins says, money is their chief motivation.
"They are negotiating for money, therefore anybody who has been on
holiday and has tried to bargain with an Egyptian [market trader] for a
carpet will understand how difficult it is to negotiate a conclusion.
But we don't have the option of walking away, we have got to keep
negotiating."
It's a radical departure from the airline hijackings of previous
decades. Then, hijackers, who tended to be politically motivated, knew
it was only a matter of time before special forces would be called in
and try to kill them. Ransoms were often not paid.
But Somali piracy is different. Paying a ransom is not illegal under
British law, unless it's to terrorists. And while governments have
failed to clamp down to hijackings, a precedent of paying up has been
established. So, as soon as pirates set foot on a ship they know pay
day is only a matter of time.
The next link in the chain is a specialist negotiator, whose job is to try to reach a reasonable price.
Going rate
Negotiations tend to begin with astronomical demands from the hijackers before the price is bargained downwards.
James Wilkes, who runs specialist maritime risk company Gray Page,
which has been involved in negotiations in several hijackings in
Somalia, says it can mean daily contact with pirates for several
months. The average hijack lasts two months before a ransom is paid.
The going ransom rate is $1m-$2m, but getting to a final figure is like a "tense boardroom negotiation" he says.
"A commercial transaction is probably a good way to describe it. They
have hijacked the ship, the crew and its cargo and they want a certain
amount of money for its release.
"It's about finding the right way to get the ship released and on the
right terms, although human lives are involved and the consequences of
something going wrong are quite significant."
But agreeing a ransom leads to an even bigger headache - getting the money to the pirates.
It's fraught with difficulties. The ransom for the Sirius Star oil
tanker, hijacked in November, appeared to have been dropped from the
air. But normally it means delivering a huge wodge of cash by sea to
the hijackers, who will have anchored off the coast of northern
Somalia.
Fixed overheads
Once a drop-off boat and crew have been hired and the weather
negotiated, there's another big hurdle, according to risk consultant
Darren Dickson: more pirates.
Navigating the high seas with a stash of money is not for the fainthearted.
"Some of these people who have done these drop offs by boat actually
have to fend off pirates as they are delivering the ransom themselves,"
says Mr Dickson. His firm has delivered ransoms to several pirate
gangs.
Dodging the pirates is only one difficulty - another is to make sure
the good guys know what you're up to as well. According to Mr Dickson,
of Drum Cussac, it's vital that "you're not going to be looked at as a
pirate vessel... then you might get taken out by a naval vessel."
All these specialist services don't come cheap in the UK. Factor in the
cost of lawyers, risk consultants, security advisers, as well as the
fixed overheads, and delivering the money to the pirates "can lead to
doubling the ransom amount," says Simon Beale, a marine underwriter.
Last year Somali pirates pocketed an estimated $50m. Not all of this is
going to British lawyers, negotiators and security teams but a fair
chunk of it will be. It has led to some criticism, particularly in
Spain, that London is profiting from crime.
"I don't think people are trying to exploit the situation," says
maritime lawyer Mr Askins. "We are very much trying to do the job we
have always done at the rates we would charge in any other case."
And what happens to the tens of millions of pounds that the pirates make?
All the kidnap specialists who deal with the Somali pirates say it's a
purely criminal enterprise. But Bruno Schiemsky, a Kenyan arms analyst,
believes there is an even darker link - between the pirates and the
radical Islamist group al-Shabab.
He says the pirates will pay a percentage of the ransom to al-Shabab -
as much as 50 per cent in areas where the group is in control.
"It's an alliance of convenience, which makes it fragile," says Mr
Schiemsky, "but for the moment both parties - pirates and al-Shabab -
see the value of working together since they have a common enemy, the
international community, and this relationship is only getting stronger
through time. "
Trying to verify this is difficult. When I ask the Serious Organised
Crime Agency if it has any suspicions about where the money was going,
I get a firm "no comment".
But the American diplomat chairing a new international group of 24
nations which is looking at tackling Somali piracy said US counter
piracy officials wanted to find out more about how pirate operations
were paid for and which "outside sources" were involved.
If a link was established between the pirates and terrorists it could
create serious problems for all parties involved. As one underwriter
summed it up, "we'd all be going to jail".
Source: BBC