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When a vessel arrives in a U. S. port, its owners, operators, and crew face a complex regulatory environment. The United States presents challenges for vessels because U. S. federal laws and regulations, and in some cases state-level requirements, are often different than laws and regulations applied in other jurisdictions around the world. In this regard, the United States has many regulatory requirements that go beyond what is contained in the international conventions applicable to international shipping. Understanding these U. S.-specific regulations requires careful preparation to help ensure strict compliance.

This article provides general guidance on what vessels must do when arriving at U. S. ports and offers practical advice for engaging with U. S. Customs and Border Protection(“ CBP”), the U. S. Coast Guard(“ USCG”), and other federal agencies.

Understanding the Regulatory Landscape The USCG and CBP are the primary agencies responsible for enforcing laws applicable to foreign and domestic vessels calling at U. S. ports. The USCG enforces international conventions implemented by U. S. law and other U. S. laws under its Port State Control(“ PSC”) authority. CBP enforces federal customs and immigration laws at U. S. ports of entry, as well as other requirements delegated to it by other federal agencies, such as the U. S. Department of Agriculture. Both agencies possess broad authority to board and inspect vessels, examine documents and cargo, and ensure compliance with applicable laws and regulations.

Under its PSC authority, the USCG conducts examinations of foreign-flag vessels arriving in a U. S. port or place, and enforces key international conventions within U. S. ports, including the International Convention for Safety of Life at Sea(“ SOLAS”), the International Convention for the Prevention of Pollution from Ships(“ MARPOL”), and the International Convention on Standards of Training Certification and Watchkeeping for Seafarers(“ STCW”), among others. More generally, CBP officers and USCG PSC officers have broad law enforcement authority to conduct warrantless inspections and searches of foreign-flag vessels while in U. S. waters.

Pre-Arrival Requirements Vessels bound for U. S. ports must complete notification and documentation requirements before arrival. Proper planning is essential to ensure a smooth entry process.

Notice of Arrival / Departure – 33 C. F. R. §§ 160.205- 160.212. These regulations require that both U. S. and foreign-flag vessels file an electronic Notice of Arrival / Departure(“ eNOAD”) when entering U. S. ports. The timing requirements are straightforward. If a vessel’ s voyage time is 96 hours or more, an eNOAD must be submitted at least 96 hours before arrival at the port or place of destination. If the voyage time is less than 96 hours, the eNOAD must be submitted before departure but at least 24 hours before arrival.

Navigation Safety Regulations – 33 C. F. R. § 164. All vessels greater than 1600 gross tons, arriving and operating in U. S. ports, are subject to a series of regulatory requirements related to navigation safety equipment, testing, and reporting. For example, under 33 C. F. R. § 164.25, vessels are required to perform a series of operational tests and / or inspections before entering U. S. waters or prior to departure. These tests and inspections are generally required to be performed no more than 12 hours prior to arriving in U. S. waters and no more than 12 hours

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