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AdvanFort

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Adapted from the English Wikipedia article AdvanFort, available under CC BY-SA 4.0Updated 9 August 202521 sources
AdvanFort
IndustrySecurity and safety
PredecessorSamir Farajallah
Founded2009
FounderSamir Farajallah
SuccessorWilliam H Watson
Headquarters,
USA
Number of locations
17 offices across 16 countries
Area served
Horn of Africa, Indian Ocean, Far East, Red Sea, Arabian Sea, Persian Gulf, Gulf of Oman
Key people
Ahmed Farajallah (also known as Al Farajallah), Acting President
ServicesSecurity solutions tailored for high-risk environments
Revenue21,000,000 USD
Number of employees
100
Divisions2
Websiteadvanfort.com

AdvanFort is a private maritime security firm based in the United States, established in 2009 with its main office located in Herndon, Virginia. The company specializes in defense and homeland security technologies and services. It employs over 100 staff members alongside approximately 200 contractors. AdvanFort operates multiple security teams deployed globally and maintains a fleet of support vessels within the Indian Ocean. The organization also runs a mission operations center and a dedicated threat intelligence center. Up until July 2013, it offered a complimentary weekly report analyzing worldwide piracy threats on its official website.

On October 11, 2013, the MV Seaman Guard Ohio, a floating armory vessel managed by AdvanFort, was seized by the Indian Coast Guard while anchored just 3.8 nautical miles inside Indian territorial waters.[1]

Company

AdvanFort operates as a private maritime security firm based in the United States. The company is a committed signatory to the International Code of Conduct (ICoC) for Private Security Providers and holds certification from the International Maritime Law Enforcement Academy (IMLEA). Additionally, AdvanFort is a member of the Security Association for the Maritime Industry (SAMI). Its main office is located in Herndon, Virginia, close to Washington, D.C., with additional branches established in countries such as Turkey, Japan, and South Korea.

The company actively supports Piracy Daily as a corporate sponsor and contributes to the publication of expert "white papers" addressing anti-piracy strategies.

AdvanFort's expertise encompasses maritime security services including training programs, intelligence gathering, and information protection. The firm emphasizes deploying armed security teams and managing fleet resources in zones identified as high-risk. Utilizing a fleet of Offshore Supported Vessels (OSVs), AdvanFort is capable of conducting operations beyond the territorial waters of sovereign states. Unlike many private maritime security companies that must secure port clearance from client embarkation countries prior to escort duties along trade routes, AdvanFort’s OSVs provide greater operational flexibility. The fleet consists of six vessels: MV Seaman Guard Ohio, MV Seaman Guard Virginia, MV Seaman Guard Oklahoma, MV Seaman Guard Alaska, MV Seaman Guard Texas, and MV Seaman Guard Arizona. These ships carry out missions primarily within the Arabian Sea, Indian Ocean, and off both the eastern and western African coastlines.

In February 2013, AdvanFort received authorization from the Panama Maritime Authority to conduct counter-piracy activities under the world’s largest ship registry. Initially staffed predominantly by former U.S. military personnel, the company has since recruited naval officers from other nations, notably Estonia. Reports in 2011 indicated some Estonian recruits experienced issues such as inadequate compensation and insufficient armament. That same year, AdvanFort admitted guilt in a U.S. district court to charges related to "Aiding and Abetting the Making of a False Statement During the Acquisition of Firearms," linked to an improperly licensed weapons purchase. The company settled with a fine and commenced a two-year probation period starting in spring 2013.

Ownership of AdvanFort lies with Samir Farajallah, an Arab billionaire residing in the United States who formerly served as president of the company. William H. Watson assumed the roles of president and chief operating officer in August 2012. As of September 2012, AdvanFort’s advisory board included notable figures such as Charles Dragonette, a retired senior commercial maritime operations analyst from the U.S. Office of Naval Intelligence; Rear Admiral Joel Whitehead (USCG-Retired); John A.C. Cartner, a master mariner and maritime law attorney; and Michael Crye, an attorney and retired Coast Guard captain.

In early 2014, announcements revealed that both Watson and Cartner had departed from their positions amid speculation regarding the company's financial stability. Subsequently, vice chairman Ahmed Farajallah was appointed acting president as AdvanFort entered a phase of internal restructuring.

2013 Seaman Guard Ohio episode

Gulf of Mannar

On 12 October 2013, the MV Seaman Guard Ohio was intercepted in international waters by the ICGS Naiki Devi and subsequently escorted to VOC Chidambaranar Port located in Thoothukudi (Tuticorin).[2] The vessel was near, but not inside, the protected maritime conservation area known as the Gulf of Mannar Marine National Park, a designated Biosphere Reserve.[3] Satellite imagery reportedly detected the ship during a refuelling operation.[4] According to defense officials, the interception took place with the vessel anchored approximately 3.8 nautical miles from the baseline marking the start of Indian territorial waters.[5] This position translates to about 10.75 nautical miles from Vilangushuli Island.[6] It was noted that the baseline used on official sea charts was outdated and had been drawn inaccurately by an unqualified witness, a radio operator, using pencil markings.[7]

During their stay at port, crew members were refused access to welfare services provided by The Mission to Seafarers.[8] Furthermore, they were denied both consular visits and legal representation.Template:Fix/category[citation needed]

AdvanFort acknowledged that the vessel lacked authorization to enter Indian waters,[9] explaining that the entry was partly motivated by efforts to avoid Cyclone Phailin and claimed an invitation had been extended by the Coast Guard.[10] The company's president expressed gratitude towards Indian authorities for granting safe harbor.[11] AdvanFort described the crew arrests as "inappropriate" and indicated plans to pursue diplomatic and legal channels for their release.[12] However, AdvanFort later faced accusations of abandoning its contractors, forcing them to bear expenses for their own legal defence, bail, sustenance, and accommodation.[13]

Indian maritime officials contended that the ship's captain failed to secure necessary permissions for entering Indian waters and alleged that the refuelling involved subsidized diesel within Customs Waters, potentially constituting smuggling. They also asserted that escaping Cyclone Phailin was irrelevant since the cyclone did not affect that region.[14] In court proceedings, charges related to fuel were dismissed due to unreliable witnesses and confirmation that diesel procurement was lawful.Template:Fix/category[citation needed]

Coast Guard Commandant Anand Kumar stated that the vessel's master did not clarify why it was operating in the Bay of Bengal when its permit covered only the Indian Ocean, nor why permits issued to the Q branch were not presented in court concerning the weapons and ammunition onboard.[15] After seven days in port, Indian authorities seized the ship along with 35 firearms—including semi-automatic rifles—and approximately 5,700 rounds of ammunition until documentation validating entry permission into Indian waters was produced.[16][17] The 35 personnel aboard—comprising 14 Estonians, 12 Indians, six Britons, and three UkrainiansCite error: Closing </ref> missing for <ref> tag</ref>—were not questioned by a federal multi-agency investigation team composed of representatives from the Indian Coast Guard, Indian Navy, Customs, Research and Analysis Wing (RAW), and Intelligence Bureau's Q Branch.[18][19][20]Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content Between 18 and 19 October, they were taken off the ship and placed into judicial custody until 31 October;Cite error: Invalid <ref> tag; refs with no name must have content they were held at Palayamkottai Central Prison in Tirunelveli.Cite error: Invalid <ref> tag; refs with no name must have content On 23 October, 22 of the 23 foreign nationals were moved to Puzhal Central Prison in Chennai.Cite error: Invalid <ref> tag; refs with no name must have content Subsequently, on 25 October, custody of a British national and two Indian nationals was transferred to the Q Branch police for five days.Cite error: Invalid <ref> tag; refs with no name must have content Bail requests filed on 30 October for these individuals as well as for those who supplied fuel were denied.Cite error: Invalid <ref> tag; refs with no name must have content

The Tamil Nadu Police Coastal Security Group lodged a FIR against both crew members and security guards on 13 October for unauthorized entry into Indian waters carrying arms and ammunition as well as improper acquisition of subsidized marine fuel.[21]Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content The investigation engaged officials from the US embassy.Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content

In late December 2013, an Indian court provisionally ordered bail for all crew members of Seaman Guard Ohio, but this decision was later overturned; remand continued pending investigation completion.Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content On 14 February 2014, individual copies of a comprehensive 2,158-page charge-sheet were provided to all accused parties by the Thoothukudi court; judicial custody was extended until 25 February.Cite error: Invalid <ref> tag; refs with no name must have content On 18 February, bail petitions submitted by twelve detained Indian crew members were rejected by the Madras High Court.Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content

On 14 March 2014, family members of six former British soldiers imprisoned in connection with this case submitted a petition with over 136,000 signatures to Downing Street requesting intervention from the UK Prime Minister to facilitate bail by acting as guarantor.Cite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have contentCite error: Invalid <ref> tag; refs with no name must have content Later that month on 26 March, conditional bail was granted by Madurai Bench of Madras High Court to 33 out of the 35 Advanfort employees detained in India; however, bail applications from Captain Dudnik Valentyn and Tactical Deployment Officer Paul David Dennish Towers were denied both at lower courts and by High Court.<refs></refs>

On 22 May 2014, Judicial Magistrate Kathiravan rejected Advanfort's petition seeking release of MV Seaman Guard Ohio.<refs></refs>

Justice P N Prakash of Madras High Court dismissed criminal charges under the Arms Act against crew members and armed guards on 10 July 2014. The judge justified this ruling by stating that anchoring within territorial seas was out of necessity and protected under 'innocent passage' provisions outlined in Section 4(1) of India's Territorial Waters Act (1976) as well as Articles 18 and 19 of UNCLOS. Consequently, prosecution under Arms Act could not be sustained.<refs></refs> Nevertheless, Justice Prakash reaffirmed that both the ship's captain and supplier responsible for acquiring ten drums of diesel fuel remained liable under Essential Commodities and Control Act due to unlawful procurement of subsidized marine fuel.<refs></refs>

The Tamil Nadu CID ‘Q’ Branch filed an appeal with India's Supreme Court challenging this High Court verdict.<refs></refs><refs></refs>

On 1 July 2015, India’s Supreme Court reviewed CID ‘Q’ Branch police’s appeal against Madras High Court’s decision. The bench comprising Justices Vikramjit Sen and Abhay Manohar Sapre overturned the earlier ruling as “illegal and erroneous,” emphasizing that possession of large quantities of arms and ammunition without legal authorization sufficed for Arms Act violations.<refs></refs> The Supreme Court directed Tuticorin District Principal Sessions Court to conclude trial proceedings within six months.<refs></refs>

Although freed from police detention but compelled to remain within India thereafter, crew members could only obtain their "No Objection Certificate" (NOC) through Q Branch—the very agency initiating charges.

This case bears significant implications regarding India's interpretation of maritime sovereignty laws.<refs></refs>

On 11 January 2016, Tuticorin District Principal Sessions Court sentenced all ten crew members along with twenty-five guards to five years imprisonment each plus a fine amounting to ₹3,000 per individual.<refs name="businessstandard"></refs><refs name="The Hindu"></refs>

Subsequently on Monday, 27 November 2017, Chennai Appeal Court acquitted all accused individuals after prosecution failed to substantiate claims that they operated within Indian waters or lacked valid licenses for rifles onboard. Following acquittal, all foreign nationals departed India.<refs></refs>

See also

References

  1. ↑ Joseph, J. Praveen Paul; Kumar, S. Vijay (2016-01-11). "5 year jail for crew of U.S. anti-piracy ship". The Hindu. ISSN 0971-751X. Retrieved 2018-03-20.
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  18. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Hindu
  19. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named NDTV
  20. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named armed
  21. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named newindianexpress.com

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