Page 20: of Maritime Reporter Magazine (April 2003)

Government Update

The Coast Guard acknowledged that it received complaints about what was per- ceived as duplicate reporting require- ments from different government agen- cies. It stated that it is workins with other agencies to integrate information and data requirements. Relief cannot come soon enough.

The 24-hour advance notice regarding offshore lightering is unchanged.

Notice of Hazardous Conditions

Whenever there is a hazardous condi- tion on a ship in U.S. waters, the master is required to immediately notify the

Coast Guard. For this purpose, haz-

Demanding

Conditions

Require

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Circle 278 on Reader Service Card 20 ardous condition means any condition that may adversely affect the safety of the ship or the marine environment. For conditions that arise prior to entry into

U.S. waters, the hazardous condition is to be included in the advance notice of arrival or in a separate notice submitted prior to such entry. Recently, the master and chief engineer of a foreign ship (along with various senior shoreside per- sonnel located in Denmark) were prose- cuted for. among other things, failure to submit a notice of hazardous condition when the ship made a port call in

Baltimore.

Customs Advance Notice

Requirements

The Bureau of Customs and Border

Protection requires various reports relat- ing to cargoes being carried to the

United States. The most significant of these reporting requirements is the so- called "24-hour rule".

Advance Vessel Cargo Declaration

On October 31. 2002, the U.S.

Customs Service promulgated a regula- tion requiring sea carriers to present a vessel cargo declaration at least 24 hours prior to loading cargo in a foreign (non-

U.S.) port when the ship is bound for a

U.S. port. The vessel cargo declaration must include both cargo scheduled for offloading in the United States and cargo scheduled for offloading in a non-

U.S. port that will remain on board the vessel when it calls in the U.S. (referred to as "foreign cargo remaining on board" or FROB cargo).

Exemptions

Bulk cargo is exempt from the require- ment to present an advance vessel cargo declaration. For this purpose, bulk cargo is defined as homogeneous cargo that is stowed loose in the hold and is not enclosed in any container, such as a box, bale, bag, cask, or the like. The important factor here is that the cargo is relatively uniform and is open to view (not wrapped or enclosed in a container of any type). The risk that cargo meet- ing these requirements will contain a weapon of mass destruction is consid- ered minimal. Break bulk cargo may be exempted from the requirement to pres- ent an advance vessel cargo declaration if the carrier applies for an exemption and the application is approved. For this purpose, break bulk cargo is defined as cargo that is not containerized, but is otherwise packaged or bundled.

Electronic Submittal

Carriers are strongly encouraged by

Customs to submit the advance vessel

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