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INSIGHTS: LEGAL BEAT use of electronic record books should recordkeeping, as well as facilitate im- even as it makes advances in electronic zations of other ? ag States when those only be permitted after mandatory re- proved vessel owner and operator over- recordkeeping domestically in other ? ag States approve the use of electronic quirements for electronic record books sight of vessel operations. Unfortu- regulatory contexts. At the very least, recordkeeping systems on their vessels are adopted and incorporated into the nately, the United States still resists the the United States should uphold inter- consistent with the MARPOL amend- text of MARPOL...Without doing so, we movement with respect to MARPOL, national comity and respect the authori- ments and Guidelines.

would be reducing the level of care and environmental protection currently pro- vided in MARPOL.” In other words, the

United States’ view seems to be that the

Guidelines should be mandatory, rather than having Administrations “take into account” the standards set forth in the

Guidelines to provide suf? cient assur- ance that electronic recordkeeping sys- tems will be secure. That said, it is not apparent how electronic records, when allowed by the United States in numer- ous contexts, would reduce the level of care/environmental protection under

MARPOL.

While the U.S. Department of Justice (DOJ) relies heavily on errors and omis- sions in handwritten paper ORBs for purposes of MARPOL criminal enforce- ment, prosecutorial objectives should not drive regulatory policy, especially when numerous other records to meet

U.S. regulatory requirements are explic- itly allowed to be kept electronically.

Although electronic logs would provide a more ef? cient and effective means for vessel owners and operators to maintain real-time oversight of vessel operations, the United States is apparently con- cerned about the security of electronic logs and potential for concealment of il- licit activities.

As the world moves forward with elec- tronic recordkeeping, it is unclear how the United States’ reservation on the

MARPOL amendments will impact the industry as the effective date approach- es. Until the United States expressly approves the amendments, they will not go into effect in the United States. Thus,

U.S.-? ag vessels will be required to con-

MODERN CLASS FOR tinue using paper logs wherever they sail. In addition, although IMO conven-

SMARTER OPERATIONS tions are based on a theory of reciprocity, it is uncertain whether the United States will respect authorizations by other ? ag

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States permitting electronic recordkeep-

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vessels that operate in the United States may be required to maintain separate

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States, which is not in best interests of the vessel or crew, or any stakeholders.

Conclusion

The MARPOL amendments and

Guidelines on electronic logs advance the ef? ciency and accuracy of shipboard www.marinelink.com 15

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