Page 9: of Maritime Reporter Magazine (July 2002)

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Legal Beat

USCG Proposes New Changes in Vessel Arrival/Departure Procedures

By Art Dimopoulos, Of Counsel,

Preston Gates, Washington, D.C.

On June 19, 2002. the United States

Coast Guard proposed permanent changes to its notification of arrival and departure information for all commer- cial vessels greater than 300 gt. (See, 67

Fed. Reg. 41659). The notice of pro- posed rulemaking is part of a greater port security scheme that seeks to ensure port safety, security without compromising the flow of commerce.

The changes to the present Notice of

Arrival (NOA) reporting regime are sub- stantive and procedural. The changes affect the estimated 10,367 respondents (vessel owners, operators, masters, agents or others in charge of U.S.-bound vessels, herein "Submitters") that cur- rently submit an approximate, 136,278

NOA and Notice of Departure (NOD) reports. The following changes have been proposed with each change dis- cussed in further detail below:

Additional Information in

NOA Reports; • Submitting cargo manifest informa- tion electronically to U.S. Customs; • NOA submission time changes; • Reporting changes to submitted information

Consolidating NOA and Notice of

Departure (NOD) reports • Centralizing electronic submis- sions; and • Revising reporting requirement exemptions.

NOA Reports

The submitter would be required to file a NOA with the U.S. Coast Guard's (USCG) National Vessel Movement

Center (NVMC). The NOA would have to include information that accurately identifies each U.S. destination the ves- sel will call on. The submitter would have to indicate the vessel's present location/position at the time of submis- sion of the NOA report. A general description of the vessel's cargo must also be included in the NOA.

The proposed rule requires the sub- mission of the full name (including nicknames, maiden names, aliases, etc.), date of birth, nationality, passport num- ber or mariner's documentation number, place of embarkation, and the posi- tion/duty of each crewmember aboard the vessel. The submitter must also report on every passenger or non-crew member aboard the vessel listing the full name, date of birth, nationality, passport number and place of embarkation for each person.

Cargo Manifest

The proposed rule would require the electronic filing of U.S. Customs Ser- vice Form 1302 with the U.S. Customs

Service (USCS), 96 hours before the vessel's arrival at the first U.S. port of call. The single electronic filing to the

USCS Sea Automated Manifest System (AMS) would satisfy USCG and USCS requirements for both agencies. Vessels engaged in the U.S. coastwise trade would not be subject to filing a cargo manifest.

USCS filing is established by: (1) a direct connection with USCS; (2) using

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July, 2002

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