Page 18: of Maritime Reporter Magazine (December 2002)

Government Update and corrected before carriers and others will have to spend time, money, and per- sonnel resources to comply.

Extension of Seaward Jurisdiction

The Espionage Act of 1917 (which first established a port security program for the United States) has been amended to extend jurisdiction out to 12 n.m. from the baseline from which the U.S. territorial sea is measured. A civil penalty of up to $25,000 could be imposed for violation of the Espionage

Act or regulations promulgated thereun- der.

Transmittal of Information to Customs Service

The Customs Service is now autho- rized to require that information pertain- ing to cargo to be brought into the Unit- ed States or to be sent from the United

States be provided to the agency through an electronic data interchange system prior to the arrival or departure of the cargo. Carriers must notify the U.S.

Customs Service of any cargo tendered to the carrier for transportation that is not properly documented and that has remained in the marine terminal for more than 48 hours after delivery.

Continuing Efforts to

Enhance Maritime Security

The United States will continue its efforts to increase transparency in con- trol and ownership of vessels. It will also work to enhance maritime trans- portation security, particularly inter- modal transportation. In this respect, it will be joined by the majority of the community of nations, although there will be differences in specific measures to be relied upon to achieve the goal.

One program that is causing discord is the Container Security Initiative (CSI) of the Customs Service. The European

Commission contends that the program, under which U.S. Customs personnel are assigned to various foreign ports to assist in the pre-examination of contain- ers bound for the United States, unfairly discriminates against smaller ports.

Summary

The need to enhance maritime securi- ty was made painfully evident by the

September 6, 2002 terrorist attack on the French supertanker LIMBURG in

Yemen. Now, the goal is to enhance maritime security in a manner that max- imizes the benefits while minimizing the costs. In the United States, the

Coast Guard, Customs Service, and other agencies involved in the process should be looking to the maritime industry to assist in development of workable solutions. Many in the indus- try actively participated in the OPA 90 rulemaking process, and the system benefited greatly from that involve- ment. Similar participation is called for in this situation. The agencies will move ahead in their rulemaking pro- grams with or without industry partici- pation. The rules, though, will be more efficient and impose lower costs if all affected by the programs are involved in the process.

It is incumbent on government agen- cies to seek input from the regulated community. It is equally vital for the maritime industry to quickly provide its assistance. The parties must not forget that we are dealing with national and international security and that we face a nameless and daring enemy.

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