Mexico’s Reorganisation of Maritime Security Regime: A New Role for the Navy and Emphasis on Energy Related Infrastructures

Abstract

The International Maritime Organization’s (IMO) member-States have a strong and invested interest in securing their energy supply routes and interrelated ports; preventing incidents in relation to this type of infrastructure is essential for commerce and requires careful planning and action. Apart from ensuring the optimal use of energy resources through energy efficiency initiatives and policies, eliminating (or, at least reducing) losses that are related to theft and/or subversive actions associated with terrorism is essential for national security reasons. The legal framework used by the United Mexican States government to shift the National Maritime Authority from a civil institution (Ministry of Communications and Transport, MCT) toward a military one (Ministry of Marine, MMAR) provides the starting point of the analysis at hand. Previous failures of the country’s Maritime Designated Authority are associated with an extended number of security incidents and various accidents. In an attempt to improve the country’s maritime safety and security regimes, a relevant Presidential Decree—approved in December 2016—transferred the oversight of all Masters of Harbours from MCT to MMAR. Research activities on the field testify that this initiative achieved high acceptance rates between the four pillars of representatives of authorities/institutions directly related to duties and operations within these two important domains, a prerequisite for success. Apart from the recent Decree, extensive reforms to several laws are still necessary to ensure an improved maritime security apparatus. The National Congress has focused heavily on port security and has rather neglected to consider that part of the International Ship and Port Facility Security Code (ISPS Code) regarding Ship Security Plans and all its contents related to vessels since the previous reform in 2014. It is also noteworthy that the Decree is unnecessarily complicating the tasks of the Maritime Authority; while it designates the MMAR as the National Maritime Authority, it provides the tasks of Port Authority (including port-state’s privileges and obligations) to MCT. This could potentially impact negatively on the conduct of operations in the future and indicates a need for improvement in the implementation process of IMO’s instruments into national legislation. Amendments to regulations concerning security of Mobile Offshore Drilling Units (MODUs) and other offshore installations should also be considered for inclusion in the types of vessels obliged to comply with the ISPS Code, since a poor security situation in that category would also strongly affect the Mexican oil energy market.