gCaptain Article Concerning the Impact of the President’s Order on Immigration and Travel on U.S. Shipping

 On Feb. 1, 2017, gCaptain printed a sobering article concerning the impact of the president’s order on immigration and travel on U.S. shipping, at http://gcaptain.com/trumps-immigration-ban-and-its-implications-for-the-maritime-industry/.  The entire content of the article is reprinted below, with permission.

FSOs who foresee an upcoming ban-related problem with mariners should immediately contact the local COTP for guidance.

“President Trump’s Executive Order on immigration and travel to the United States has immediate implications for ships calling at U.S. ports, particularly those ships with crew members hailing from any one of the seven countries whose citizens are banned under the order, P&I clubs are warning.

As the Executive Order bans entry into the US for citizens from Syria, Yemen, Sudan, Somalia, Iraq, Iran and Libya for the next 90 days, crewmembers aboard ships entering US waters who are citizens of these countries will be denied entry to the US during this time, says The Standard Club, a specialist marine and energy insurer. The club is telling its members to anticipate that shore leave will be denied for those crewmembers and that enhanced security of the ship, including the use of armed guards, may be ordered by local immigration officials while the ship is in a U.S. port.

At this time however, it is not believed that ships carrying crew from these countries will be denied entry into U.S. ports, The Standard Club said.

The UK P&I Club offered similar guidance to its members.

“For the next 90 days crewmembers from Syria, Yemen, Sudan, Somalia, Iraq, Iran and Libya, whether or not they hold visas, will be denied entry to the U.S.,” the UK P&I Club wrote in a alert to members. The club is warning members to avoid crew changes in the United States for those citizens of the seven countries targeted by the order.

Regarding medical emergencies, both the UK P&I Club and The Standard Club say if a crewmember from Syria, Yemen, Sudan, Somalia, Iraq, Iran and Libya requires emergency medical treatment while in the United, there is an exception under the order that MAY allow the crewmember to be removed from the ship for medical treatment.

The Executive Order says that the Departments of State and Homeland Security (CBP) may determine on a case by case basis to issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked. Therefore, government authorities may be able to use the exception to allow the crewmember to be treated in the U.S. if there is a true medical emergency.

At this time it is unclear how many ships and crew members may be impacted by the Executive Order.

Both the UK P&I Club and The Standard Club say they will continue to monitor the situation and update its members with any developments.

In addition to banning citizens from the seven countries for 90 days, the Executive Order also bars the entry of refugees from Syria indefinitely and stops admission of all refugees to the United States for the next four months, among other things.”

U. S. Coast Guard Notice of Policy Re the Manila Amendments, Hours of Rest and Security-Related Training

On December 4, 2011, the U.S. Coast Guard posted a notice of policy in the Federal Register, announcing steps for Implementation of the 2010 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978—Hours of Rest and Security-Related Training. The security related training portion is reproduced below, followed by some commentary on keeping current.

Security Training Requirements

The STCW Convention requires that mariners who commenced service after 1 January 2012 meet the training requirements for vessel personnel with designated security duties and security awareness, as appropriate. In addition, the STCW Convention also provides transitional provisions for mariners who started service prior to 1 January 2012. Recognizing that the implementation date is fast approaching, and that there may be practical difficulties for all seafarers with security related requirements to obtain necessary certifications and/or the necessary endorsements required in accordance with regulation VI/6 of the 2010 Manila Amendments, the IMO issued Circular STCW.7/Circ.17. The Circular provides advice for port State control officers on transitional arrangements leading up to full implementation of the 2010 Manila Amendments on 1 January 2017. The Circular also recommends that Administrations inform their port State control authorities that, until 1 January 2014, it would be sufficient to accept compliance with section 13 of the International Ship and Port Facility Security (ISPS) Code, even if a seafarer's documentation with regard to the security-related training in regulation VI/6 is not in accordance with the 2010 Manila Amendments.

Taking the information in the Circular into account, the Coast Guard has determined that the requirements in 33 CFR 104.220 (vessel personnel with security duties) and 104.225 (security training for all other personnel) meet the requirements of Section 13 of the ISPS Code. Therefore, the Coast Guard will continue to enforce 33 CFR 104.220 and 104.225, and the requirements in Section 13 of the ISPS Code.

Vessels operating in foreign ports should ensure that all personnel, except for the vessel security officer (VSOs), working on board the vessel are in possession of the appropriate course completion certificate or a company letter as proof of meeting the requirements in 33 CFR 104.220 or 104.225, and Section 13 of the ISPS Code. VSOs must hold the appropriate endorsement on their credential.

This notice is issued under authority of 5 U.S.C. 552(a), 46 U.S.C. 8304, 33 CFR part 104, 46 CFR parts 10, 11, 12, and 15, and 33 CFR 1.05-1.

Dated: December 28, 2011.

J.G. Lantz,

Director of Commercial Regulations and Standards, U.S. Coast Guard.

[FR Doc. 2011-33818 Filed 12-30-11; 4:15 pm]

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For more information about the Manila Amendments, see http://www.imo.org/ourwork/humanelement/trainingcertification/documents/34.pdf if you want to read the whole text and http://www.marisec.org/quickguide.htm.pdf if you want a digest.

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The U. S. Coast Guard uses several instruments (NVIC’s, Policy Advisory Council decisions, policy letters and announcements) to adopt and promulgate major changes to the our industry. The regulatory process is cumbersome and the agency is years behind in its regulatory schedule, so these more agile instruments fill a needed role. The problem is, how do we keep updated to the flow of information?

Here’s some websites that should be checked on a daily basis:

• Homeport: http://www.homeport.uscg.mil, registered users, do yourself a favor and use the alert function!

• The USCG National Maritime Center, http://www.uscg.mil/nmc/

• The Federal Register - to sign up for the Table of Contents of the next days’ FR, go to http://listserv.access.gpo.gov/

• Dennis Bryant’s Maritime Blog, (best of the best, ‘way ahead of the rest of us) http://brymar-consulting.com/