Page 11: of Maritime Reporter Magazine (February 2002)
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tionally. As a result of one of those meetings, the Coast Guard identified several security control measures including Automatic Identification Sys- tems (AIS) for ships; security plans for vessels, port facilities and offshore units; systems for seafarer identifica- tion, verification and background inves- tigations; and ship and company securi- ty officers.
Regardless of whether the Hollings
Bill or other legislation is enacted, the
Coast Guard can-and will-move for- ward. In addition, the Coast Guard is working closely with the Department of
Justice to use enhanced security inspec- tions as opportunities to scrutinize com- pliance with an array of other regulatory requirements.
IMO Action Plan to Address
Maritime Security During 2002
Pursuant to the resolution passed by the IMO Assembly in November 2001, various IMO bodies will include terror- ism and security measures on their 2002 agendas. The Facilitation Committee,
Sub-committee on Standards of Train- ing and Watchkeeping, the Intersession- al Working Group on Maritime Security,
Maritime Safety Committee, Legal
Committee, and IMO Council will all convene during the year and will address maritime security issues.
Of note, at its February meeting, the
Intersessional Working Group (WG) will conduct a review of existing safety instruments crucial in determining the course IMO should follow to address terrorism issues. Proposals to amend
SOLAS will be the main focus of the
WG's efforts, and they have asked gov- ernments to suggest actions that would further the purposes of the Assembly resolution.
The Legal Committee, during its meeting on April 22-26. will review the
Convention for the Suppression of
Unlawful Acts Against the Safety of
Maritime Navigation (SUA), 1988, and its companion protocol on offshore plat- forms (the SUA conventions) with a view toward revising them to address terrorism more effectively. Member
States are obligated to comply with and enforce any resolutions, treaty amend- ments, or new free-stranding treaties adopted by the IMO. Given the United
States' leading role in the push for glob- al maritime security action, it is likely that many U.S. domestic policies will be reflected in new IMO measures. If so, passenger vessels may well be subject to similar requirements found in the
Hollings Bill and Coast Guard policy development.
Conclusions and Recommendations
Port and maritime security legislation- both domestic and international-and the development of Coast Guard measures will, in large part, be shaped by public and private sector input. Those connect- ed to the marine industry should follow developments both in Congress and at the IMO, and should participate in Coast
Guard workshops and meetings. Be aware that the U.S. Coast Guard is the lead federal agency for IMO matters, and that opportunities will occur from time to time to provide advice and rec- ommendations to Coast Guard officials regarding domestic measures as well as the U.S. positions to be taken at IMO.
Trade associations are often useful in keeping up to date on developments and for general input to the Coast Guard consultation process. U.S. and IMO decisions on maritime security will impose necessary but burdensome requirements on the marine industry for decades to come. Company personnel should be given enhanced training and advice on how to cope in this new envi- ronment.
Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, P.C., a Wash- ington, D.C. -based law firm.
Susan L. Watson is an associate with the firm.
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