The maritime community has increasingly become the target of Department of Justice (DOJ) and state prosecution efforts to pursue criminal sanctions against corporations and senior management involved in maritime transportation incidents. Though many of the prosecutorial efforts involve egregious cases, some involve incidents that were previously treated as accidents. DOJ recently announced that federal enforcement actions involving environmental issues rose by almost 50 percent from 1996 to 1997. Criminal enforcement efforts often focus on highly visible companies for the maximum deterrent effect and greatest public impact.
Because of aggressive federal and state efforts targeting environmental crimes, and the severe risks and consequences of criminal prosecution, it is time for each and every company to take a hard look at their corporate environmental compliance programs. It is simply too late after an incident occurs.
Vessel owners and operators must meet a myriad of domestic and international requirements, including the International Safety Management (ISM) Code with requirements addressing environmental protection. Compliance with these requirements alone will not adequately "shield" owners and operators from prosecution. Shipowners and operators must ensure that an effective and comprehensive environmental compliance program is in place. This is crucial because the DOJ affords a company with an effective compliance program favorable consideration in criminal actions. Thus, effective environmental compliance programs must be established and smoothly running prior to an incident. But, what constitutes an effective compliance program?
Unfortunately, there is no universally accepted single standard. For example, the U.S. Sentencing Guidelines for Organizations, often referred to as the standard for determining whether a company has an effective compliance program, specifically exclude environmental crimes from its fine calculation provisions. In fact, guidelines and policies relating to environmental crimes and compliance programs are set forth in various agency documents addressing both environmental crimes and compliance programs. The five most prominent documents are as follows: DOJ Policy Statement of July 1, 1991: Contains certain environmental compliance program factors that DOJ prosecutors should consider in making decisions on criminal prosecutions for environmental violations.
• EPA Policy Statement of December 22, 1995: Encourages regulated entities to voluntarily discover, disclose, and correct violations of environmental laws, including guidance on six elements demonstrating an effective compliance program.
• Draft U.S. Sentencing Guidelines for Environmental Crimes: Sets forth seven fundamental elements that must be satisfied for a company to be granted mitigation for its commitment to environmental compliance — submitted to the Sentencing Commission in 1993 but not adopted to date.
• U.S. Sentencing Guidelines for Organizations: Defines a compliance program as one demonstrating that a company exercised "due diligence" in seeking to prevent and detect criminal conduct and requires that an organization meet seven compliance program related elements.
• Unpublished DOJ Memorandum of June 16, 1999: Details seven factors for federal prosecutors to consider in deciding whether to pursue criminal charges including whether an environmental compliance program is adequately designed for maximum effectiveness in preventing and detecting wrongdoing and whether management is enforcing the program or tacitly encouraging or pressuring employees to engage in misconduct to achieve business objectives.
The guidance notes that prosecuting a corporation is no substitute for prosecuting individuals.
At first glance a shipowner or operator appears to be facing a daunting task in determining the environmental compliance model to ensure that prosecutors will conclude that a company has established an effective environmental compliance program. Frankly, though challenging, the vagaries in determining an effective environmental compliance program can be used to the advantage of a company. It provides a company with great flexibility in developing and maintaining and effective program if it can be demonstrated that a carefully developed and executed program has been tailored and implemented to meet the practical needs of a company based on applicable guidelines. Moreover, it provides defense counsel with the opportunity to be creative in negotiations with prosecutors due to the uncertainty in applying the various guidelines.
In summary, the establishment of an effective maritime environmental compliance program is crucial to the continued success of companies engaged in marine transportation. A company should analyze the common elements of the various environmental compliance guidelines as discussed above and com- pare them against its compliance program.
First, an assessment of which elements are most commonly found in the compliance guidance documents should be completed. Second, the company should then modify its environmental compliance program as appropriately modeled after the common compliance elements found in the agency guidance.
In short, a compliance program developed in this manner will best shield or help deflect prosecutorial actions by demonstrating that a thoughtful, effective, and practical program has been developed and implemented based on applicable guidelines. The future will belong to those who plan for it.
Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, Washington, D.C.
leaders of the Senate want to push it. There is a good chance we will be stating the oft-used phrase, “Let’s try again next year.” The Author Jonathan K. Waldron, partner at Blank Rome, concentrates his practice in maritime, international, and environmental law, including maritime security. Mr. Waldron
this proposal would have on the GOM and the U.S. economy in general, should there be interest on Capitol Hill to move such legislation. The Author Jonathan Waldron is a partner and chair of the maritime and international trade practice at Blank Rome LLP. Waldron concentrates his practice in maritime,
Bollinger Shipyards delivered the Jonathan Rozier, the third of four 207-ft. (63 m), 4,750 bhp supply boats to Tidewater, Inc. This vessel follows the Lousteau Tide and Deville Tide. Bollinger's new 220 class offshore support vessels (OSV). designed for Tidewater. The fourth vessel. Bourgeois Tide
The 1978-79 officers and board members of the Port Everglades Propeller Club were installed by Jasper Baker, past National Propeller Club president, at the organization's monthly dinner meeting at the Sea Port Restaurant in Port Everglades, Fla., on July 27, 1978. Mr. Baker flew in from Washington
2013 and beyond. Mutual cooperation and communication will be a key ingredient to all of this as it unfolds. Much of it remains a work in progress. Jonathan Waldron is Chairman of the ASA Legal Committee. He concentrates his practice in maritime, international, and environmental law, including maritime
, err on the side of making reports to ensure that the Coast Guard does not second guess your decision to make a marine casualty report. The Author Jonathan Waldron, partner at Blank Rome, concentrates his practice in maritime, international and environmental law, including maritime security. t: +1 (202)
on the marine industry for decades to come. Company personnel should be given enhanced training and advice on how to cope in this new environment. Jonathan K. Waldron is a partner with Dyer Ellis & Joseph, P.C., a Washington, D.C. -based law firm. Susan L. Watson is an associate with the firm
of the industry ensure that their voices are heard by submitting comments to EPA by the April 22, 2015 deadline if it is not extended. The Authors Jonathan K. Waldron is Chair of Blank Rome’s Maritime, International Trade, and Government Contracts practice and counsels clients on regulatory, environmental
200 years of admiralty law applicable to the recovery and ownership of shipwrecks. Perhaps, with hindsight, the goals were too ambitious. Brother Jonathan and the Eleventh Amendment In 1998, the Supreme Court, in a turgid decision construing the application of the Eleventh Amendment to the ASA,
treatments by using the form in the guidelines and sendingit to the nearest U.S. Coast Guard Captain of Port. For further information, contact: Lt. Jonathan C. Burton, MEPC Division (G-MEP) at (202) 267-0426
for the latest generation of engines. “Castrol Cyltech CL 100 ACC is not simply an existing oil that has been up-treated to give a higher BN,” said Jonathan Hutchinson, Castrol Marine Marketing Director. “It is based on a new chemistry that we have been developing over the past two to three years to reflect
. “Fugro has been an technology needs of the Blue Econo- the midst of a technological revolution early supporter in this regard, advocat- my,” said Jonathan Heastie, OiA ‘19 as we move toward using more auton- ing on behalf of the Seabed 2030 project Exhibition Director, “and who wishes to omy in ocean
Jonathan Heastie, Reed Exhibitions oices rine pollution and environmental stressors and the tools and give to OI visitors to come out to the San Diego event? techniques needed to address and mitigate these challenges; In simple terms, we’re delivering the world’s ? agship event plus, at the time of
Jonathan Heastie, Reed Exhibitions oices Like London, the most popular topics and technologies will in- clude Unmanned Vehicles, Vessels and Robotics, Ocean Observation and Sensing technologies and Hy- drography, Geophysics and Geo- technics. We’re also reprising our “Catch the Next Wave” program from
Jonathan Heastie, Reed Exhibitions oices What do you consider to be your best ‘lessons learned’ event. Now, that takes time – London’s had 49 years at it! – in the wake of the ? rst OI NA in San Diego? but we aim grow our attendance for San Diego 2019 by an ex- I would like more attendees to come… and
Jonathan Heastie, Reed Exhibitions oices Heastie Thank you for taking the time to I am also thrilled that we have As Oceanology International talk to us. Oceanology Interna- managed to gain access to the water celebrates its 50th Anniver- tional Americas 2019 is set for at the rear of the convention
November/December 2018 Voices Contents Volume 61 • Number 9 10 Jonathan Heastie As Oceanology International celebrates its 50th anniversary, MTR catches up with the Oi show director on the eve of its Oceanology Americas event in San Diego. By Greg Trauthwein Offshore Insights 18 ‘Recovery’ Cost
U.S. Flag LEGAL BEAT Vessel Safety Congressional and Agency Actions to Implement Changes to U.S.-Flag Vessel Safety Requirements Three Years after the M/V El Faro Incident October 1, 2018 marked three years Coast Guard Action rules and Safety of Life at Sea Con- since the tragic sinking of the M/V El
MARITIME Authors & Contributors REPORTER AND Fireman Fischer Haun Bryant Keefe ENGINEERING NEWS M A R I N E L I N K . C O M ISSN-0025-3448 USPS-016-750 No. 11 Vol. 80 Maritime Reporter/Engineering News (ISSN # 0025-3448) is published monthly (twelve issues) by Maritime Activity Reports, Inc., 118 East
....... 31 Minsheng Leasing ................................................ 31 The Mission to Seafarers ..................................... 51 Daniels, Jonathan .................................... 36, 38, 39 Mississippi Development Authority (MDA) ............... 34 Transocean ........................
now becomes as diverse as any large scale facility you see anywhere in the United States. So we’re extremely proud of what we’ve been able to do.” – Jonathan Daniels, Executive Director of the Mississippi State Port Authority at Gulfport million settlement with the MCJ slated to be used for housing. tions
PORT DEVELOPMENT hen Jonathan Daniels, executive director of the Mis- Approximately 430,000 square feet of waterfront warehouses sissippi State Port Authority at Gulfport spoke to the and freezer facilities were completely destroyed by Hurricane Waudience at the annual state of the port luncheon July
, NH in Portsmouth U.S., in Fredericton Canada, and in Banbury www.qps-us.com U.K. In late 2012, the HITT group of companies became a Managing Directors: Jonathan Beaudoin & wholly owned subsidiary of Saab AB and so a member of the Almar Hollaar Saab group of companies. QPS is focused on system integra- tion
model at single tidal systems, to aid in feasibility studies and array design for location, says Dr Evans. tidal energy sites. The ? rm’s director, Dr Jonathan Evans, told Using SeaSmart and a mobile ADCP on a marine robotic All Energy that using a USV, such as ASV Global’s C-Cat, vehicle (AUV or USV)
then, their construction was basic At the GEOMAR Helmholtz Centre for Ocean Research by modern standards, but like the models of Kiel, Germany, Dr. Jonathan Durgadoo has been working today the researchers creating them aimed with ocean models for almost 10 years. In that time he has D to simulate the
of a long-term, viable presence in Altec-Effer USA the market would depend on the OEM’s Birmingham, AL ability to meet the unique demands of e: email@example.com the US customer, . It was not enough to www.efferusa.com have a good product at a competitive AME DMW Marine Group Offering:
is a Marine Production Manager for Hiller Systems, process for marine piping installations. a ? rm that provides, among other things, all-important Jonathan Stanley, a southern California-based Foss Mar- ? re protection, detection, and suppression systems. Bower itime Port Engineer weighed in on viega
satisfaction. We are thoroughly pleased with the Viega products line to date and they are first choice when piping components have to be replaced.” – Jonathan Stanley, Foss Maritime Port Engineer that reduce the man hours it takes to expediting more of the project than build or repair a workboat is another
About the Author Jonathan Atkin, NYC based; known for meticulously planned aerial media from manned helicopters enhances brand- ing for blue water cargo shipping, cruise lines, towing companies, shipyards and “ the broader workboat sector with pas- Whether used for noninvasive whale blow-hole mucous
CONTENTS NUMBER 9 / VOLUME 79 / SEPTEMBER 2017 3838 Jonathan Atkin U.S. Navy photo by Mass Communication Specialist 3rd Class Matthew R. Fairchild 30 4444 ON THE COVER Maritime Security is a broad and ever evolv- ing topic, covering everything from port to ship to the cyber universe. The Maritime
for References The Author projects to be broken down into stages. Chris Malzone is the General Manager These stages can be done based on sur- Beaudoin, Jonathan, Doucet, Moe, Ad- for Quality Positioning Services, Inc. vey days, survey segments, survey ves- vances in Hydrographic Data Process- Chris has an
Comms, Telemetry, Data Processing The Introduction of the Seamless Hydro- graphic Work? ow: Processing Evolved By Chris Malzone & Jonathan Beaudoin, QPS Inc. ultibeam sonar technology has seen steady ad- Uncertainty vancements leading to higher quality, cleaner To obtain a single, accurate data point on
Processing 36 Hydrographic Ef? ciency The hydrographic work? ow has evolved thanks to a paradigm shift in 20 data processing. By Chris Malzone & Jonathan Beaudoin 4 Editor’s Note 6 MarineTechnologyNews.com 10 People & Company News 16 Tech Notes 40 Products: Cables & Connectors 42 New Products 43 MTR100
Inc., and BNP Paribas development groups. OceanWorks International has appointed effective May 5, 2017. It will devote its activity to the industrial Jonathan Fether as atmospheric diving and commercial development of three system (ADS) product line manager. MSRC Names Dulisse CEO marine energy technologies:
at POLA and its sister port, , P POLB [Port of Long Beac],” said Lu- - c c ciano Corbetta, Cavotec Group Market t U Unit Director, Ports & Maritime. Jonathan Williams, president of the e P Paci? c Battleship Center and the Bat- - t t tleship Iowa attraction, was joined by y P POLA Executive Director