Page 22: of Maritime Reporter Magazine (November 2002)

Government Update until it submits a crewmember security plan and the plan has been approved by the INS. Almost always, the plan is required to include arrangements for hir- ing by the vessel of a commercial guard service to provide a visible deterrent against detained crewmembers depart- ing the vessel.

The INS inspector examines detained crewmembers when the vessel arrives and generally attends the vessel when it departs to ensure that all crewmembers depart with the vessel. The vessel will remain under the COTP Order for the entire port call, so that any deviation from the approved crewmember securi- ty plan or other requirement constitutes a violation of federal law.

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Future Actions

The U.S. Coast Guard will continue to work with the Department of Trans- portation, the Maritime Administration (MarAd), and other agencies to develop a National Transportation Workers'

Identification Card (TWIC). Even if the pending maritime security legislation is not enacted this year, the Coast Guard may well establish a requirement that vessels calling in U.S. ports prepare (and submit to the Coast Guard for approval) ship security plans largely consistent with IMO policy. The IMO requirements, due to be adopted in

December 2002, probably will not come into effect until July 2004 at the earliest.

The Coast Guard can be expected to advance the effective date for vessels making U.S. port calls.

The U.S. Customs Service will contin- ue to deploy additional equipment to conduct nonintrusive inspections of containerized cargo. It will continue its efforts to broaden its Container Security

Initiative to all major ports that export containerized cargo to the United States.

It will continue to enroll shippers, carri- ers, and intermediaries in C-TPAT. Fol- lowing some adjustments, the Customs

Service can be expected to adopt its pro- posed regulation requiring carriers to electronically submit manifests 24- hours prior to lading cargo bound for the United States, although the effective date will probably be delayed while the agency 'ramps up' the personnel and computers needed to process the thou- sands of manifests that it will receive daily.

Conclusion

Federal agencies involved in port and maritime security (particularly the

Coast Guard and the Customs Service) have not waited for Congress to enact the maritime security legislation.

Rather, they have utilized (and will con- tinue to utilize), to the maximum possi- ble extent, the considerable authorities they now possess to enhance the port and maritime security of the United

States.

There will be the inevitable missteps and a long learning curve for all involved (including the agencies involved, individual enforcement offi- cials at the port level and ship owners and operators), but events such as the attack on the Limburg have added renewed emphasis to maritime security. 22 Maritime Reporter & Engineering News