Page 13: of Maritime Reporter Magazine (June 2019)

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INSIGHTS: GOVERNMENT UPDATE antinable disease may be provisionally ? ne of up to $250,000 or one year in able hazardous condition. The agency ships could be without cargoes (and quarantined. jail or both. Violations by organizations also monitors advance notices of ar- possibly crews, support personnel, and

If evidence (such as diagnostic tests) could result in a criminal ? ne of up to rival to determine if a vessel has vis- bunkers). indicates that an arrival is infected with $500,000. ited a CDC-designated country within Ships could end up delayed in depar- or has been exposed to a quarantinable the previous ? ve port calls. Other port ture ports because the arrival ports are disease, the CDC may issue a quarantine Port state measures administrations, including France, the not accepting ships therefrom. Alterna- order to that person. A person for whom Various port state administrations, in- Netherlands, Singapore, Spain, and the tively, the ship could be required to an- a quarantine order has been served may cluding the US Coast Guard, have ad- United Kingdom, have adopted similar chor out for an extended period awaiting not be required to undergo medical treat- opted measures intended to reduce the measures. clearance – recalling the ancient quaranta ment, but may be subject to movement risk of introduction of communicable giorni or 40 day delay imposed by Ven- restrictions throughout the period of diseases via maritime vectors. The Coast Summary ice. All of this would add fresh meaning incubation and communicability of the Guard considers an ill person on board The real penalty regarding commu- to the concept of “restraint of princes.” disease. an arriving vessel displaying symptoms nicable diseases is not government-im- The onus is on crewing procedures and

Persons violating the quarantine laws of a serious disease such as ebola (and posed ? nancial sanctions but the poten- masters to minimize the likelihood of a and regulations would be subject to a possibly measles) to constitute a report- tial disruption in maritime trade. Many serious communicable disease onboard.

to whether an export license might be • Don’t forget about re-exports. For transshipped by the foreign buyer with- • Remember that help is available. needed. For example, BIS authorized U.S.-origin items, U.S. export regula- out permission from the U.S. govern- BIS has counseling desks, located in one U.S. exporter of high-end infrared tions extend beyond the initial export ment agency with jurisdiction over the Washington, DC and California, which technology to sell a certain level of its out of the United States. A re-export of a licensed item. If you ? nd out that the are staffed Monday through Friday dur- technology to Country A, but denied the U.S.-origin item from one foreign desti- item has been resold, you should report ing business hours by BIS personnel. company’s request for a license to export nation to another, including use aboard a that fact to the U.S. government agency The Desks’ contact information is as fol- the same level of technology to Country vessel in multiple territorial waters, can with jurisdiction over the item. lows:

B. The company received authorization also trigger a license requirement. Such Washington, DC: (202) 482-4811 to export a less technologically sophisti- scenarios can be built into an export li- • Be aware of criteria for transac- Irvine, CA: (949) 660-0144 cated product to Country B instead. cense, so when applying for export li- tions agreed upon under the Incoterm Santa Clara, CA: (408) 998-8806 censes, remember to keep the larger pic- “Ex Works.” Under Ex Works, the for- You can also email your question to • Be aware of “deemed” export li- ture in mind, rather than only the initial eign buyer only becomes responsible for censing requirements. Transferring export. determining licensing requirements and technology to a foreign person in the obtaining any required licenses when a

U.S. is just like exporting to a foreign • Protect your items against trans- speci? c writing has been obtained ? rst country. If an export license is required fer and transshipment. Foreign buy- by the U.S. seller from the foreign buyer to export that technology to a speci? c ers are not allowed to resell a controlled stating they (the foreign buyer) assume Does your U.S. product or service country, a license requirement will also item without prior authorization, so this responsibility. Keep in mind that require an export license? Learn more apply to transfer the technology to a citi- protect your company by ? lling out the simply stating the sale is being com- about the export licensing process by zen of that country while that person is destination control statement on your pleted under “Ex Works” does not com- viewing our export regulations video in the United States. Persons with U.S. commercial invoice. This legal state- ply with this requirement. See Section and web page which links to the Bureau permanent residence, and persons grant- ment signi? es the exports are destined to 758.3(b) of the Export Administration of Industry and Security, U.S. Commer- ed status as “protected individuals” are the end-user indicated in all the shipping Regulations for more details on this re- cial Service worldwide network of ex- exempt from the “deemed” export rules. documents, and cannot be transferred or quirement. port assistance, and other key resources. 13

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