Page 22: of Maritime Reporter Magazine (April 2003)

Government Update arrival differs from that required by the

Coast Guard, so the information must be submitted at two different times and in two different formats. Immigration has embarked upon a cooperative program with the Coast Guard. Immigration reviews the information submitted to the

Coast Guard for persons who might pres- ent a security risk to the United States.

Primarily, it is looking for suspected ter- rorists and persons of that ilk.

Unfortunately, Immigration is also con- cerned about persons of certain national- ities and persons without U.S. visas. The nationalities currently on the

Immigration 'watch list' are: Iran, Iraq,

Libya, Syria, and the Sudan. In addition.

Immigration is concerned about males between the ages of 16 and 45 from

Pakistan, Saudi Arabia, and Yemen. If the ship has a crewmember either with- out a current U.S. visa or falling into the nationality watch list, the Coast Guard will order the ship to remain offshore until an acceptable crew security plan has been submitted to Immigration. For the most part, for a crew security plan to be acceptable, the master must arrange for hiring a commercial guard service to keep these crewmembers on board dur- ing the time the ship is in U.S. waters.

APHIS Advance Notice Requirement

The Animal and Plant Health

Inspection Service (APHIS) requires the carrier to submit an advance notification of arrival for any ship entering the United

States from a foreign country or arriving in the continental U.S. from Hawaii or an insular possession. The notice must reach the APHIS office for the arrival port at least 12 hours prior to the ship's estimated time of arrival. The notice must include, among other things, the exact dock or pier where the ship will be berthed and the names of all foreign and non-continental U.S. ports where any cargo, crew, or passengers destined for the U.S. boarded since the ship's most recent arrival in the U.S.

FDA Advance Notice Requirement

In January, the U.S. Food and Drug

Administration (FDA) issued a notice stating that it was drafting a regulation that would require prior notice be sub- mitted regarding commercial food ship- ments to the United States. The purpose of the prior notice would be to allow the

FDA to review the planned shipment for potential bioterrorism. One of the parties under consideration for the obligation to submit this prior notice to the FDA was the carrier. When the official proposal was published in February, the FDA elected to impose this new reporting requirement on the importer, except where the shipment is in bond. In that event, the reporting requirement is on the carrier. The rule has not yet been final- ized and remains subject to change.

Summary

Since the horrific events of September 11. 2001. much has been done to improve maritime security in the United

States and worldwide. Enhancement of reporting requirements for ships, car- goes. and persons coming to the United

States is a significant aspect of that enhanced security. It is only to be hoped that the agencies receiving all this addi- tional data have the ability to utilize it for the intended purpose and do not see this as just another opportunity to take enforcement action against an already pervasively regulated industry.

Dennis L. Bryant, Senior Maritime

Counsel at the law firm of Holland & Knight, Washington, D.C., is a contributing editor of MR/EN.

SUNY Maritime Hosts

Annual Awards Night

The Alumni

Maritime College, aH| hosted its annual 4 IBpffJi

Awards Night on ^ feJBt>."

March 27, 2003 at '

Manhattan's New

York Athletic Club.

Captain Robert E. y 'ffr

Johnston, Class of 1969, has been selected as the Distinguished Alumnus of the

Year, which is given to an alumnus who has achieved outstanding success in his/her career as well as service to their industry, country and alma mater. Capt. Johnston is the Executive Vice President of OSG Ship

Management, Inc. He joined OSG in June of 1969 as a Third Mate, and in 1974, he assumed command of a 38,000-ton tanker.

His seagoing experience was gained on crude oil and product tankers in all capacities from Third Mate to Master. In 1976 he came ashore as a Port Captain for Maritime

Overseas Corporation, the agent for

Overseas Shipholding Group (OSG). In 1983 he was named Vice President, U.S.

Operations, and 10 years later, in November 1993, he was named Senior Vice President.

In October 1995 he was appointed Chief

Commercial Officer for the entire OSG Fleet, and in 1997 was promoted to Executive Vice

President. In 1999 he formed with BP and

Keystone Shipping Company the Alaska

Tanker Company, the premier Tanker

Company serving the Valdez, Alaska - U. S.

West Coast trade route.

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