Navigating U. S. Arrival: A Guide for Vessels on Port Entry and Inspections on Arrival( continued from page 17)
Crew Member Identification. The USCG requires crew members on foreign-flag vessels calling on U. S. ports to have at least one type of acceptable identification available to be presented on demand. Acceptable identification includes, for example, a passport or a Seafarer’ s Identification Document that meets the requirements of the International Labour Organization Seafarers’ Identity Documents Convention(“ ILO 185”). Other acceptable forms of identification are listed in 33 C. F. R. § 160.310.
What to Expect Upon Arrival in Port USCG and CBP personnel routinely inspect vessels within U. S. ports. They may board a vessel at any time to conduct safety and security inspections. When a foreign-flag vessel arrives at a U. S. port, CBP will typically board the vessel to conduct an immigration and customs inspection. The primary focus of this inspection is to verify immigration documents of all crew members, screen individuals against relevant databases, and ensure compliance with applicable customs and immigration laws. CBP officers may also inspect the vessel’ s stores and cargo declarations as part of their enforcement responsibilities.
Separately, the USCG may board a vessel to conduct a PSC inspection. The purpose of a USCG PSC inspection is to verify compliance with applicable international conventions and U. S. requirements with respect to vessel safety, security, and environmental protection. During a PSC inspection, the USCG examines the vessel’ s key statutory certificates and performs an exam in accordance the International Maritime Organization(“ IMO”) Resolution A. 1185( 33)( 19), Procedures for Port State Control. The USCG has its own policies and procedures for Port State Control, including procedures and policies applicable to certain vessel types, which should be reviewed, considered, and understood by owners and operators of foreign-flag vessels calling on U. S. ports.
Practical Advice for Engaging with USCG and CBP Officials Successfully navigating inspections requires thorough preparation and working in a collaborative manner with USCG and CBP officials. The following general guidance will help ensure positive interactions with USCG and CBP personnel.
Preparation is Essential. Vessel owners and operators must be well versed in the requirements applicable to their fleet and be proactive to ensure compliance, which includes documentation of training. All vessel documentation must be up to date and accurate. Checklists and other procedures should be considered and implemented to help facilitate compliance, particularly for requirements that may be less well known or specifically checked during routine inspections.
For example, CBP regulations require vessels to declare all cash on board in excess of $ 10,000, including cash provided to the master, on a FINCEN Form 105.
Because USCG and CBP personnel can inspect vessels within U. S. ports at any time, it is important that all information submitted to CBP and the USCG, and specifically that provided in the eNOAD, is accurate before it is submitted.
Verify Identity and Purpose of Visitors. When any government representative arrives at a vessel, it is essential to verify their identity and purpose for the visit, consistent with the Vessel Security Plan(“ VSP”). The crew member on watch should request the inspector’ s identification and carefully review it to confirm the individual’ s name and the agency they represent. The visitor’ s information must be recorded in the ship’ s visitor log in accordance with the VSP.
Foster Effective Communication with CBP and USCG Officials. First impressions are crucial when interacting with CBP and USCG officials. In most cases, if there is a disagreement or miscommunication with USCG or CBP officials, those issues are properly resolved between the vessel’ s Master and the officials onboard. If there appears to be a lack of communication or a disagreement with CBP or USCG officials that cannot be resolved, the Master should always remain professional and engage with shoreside management personnel to develop potential solutions and, possibly, elevate issues for resolution within the CBP or USCG. All crew should be professional and feel comfortable asking questions of such government officials, while ensuring they do not in any way interfere with or obstruct government inspections or other activities. In our experience, good-faith disagreements and miscommunications can be professionally resolved through constructive, senior-level dialogue with government officials.
Always Be Truthful. The vessel’ s Master and crew members should always be truthful with CBP and USCG officials. If personnel choose to speak with investigators or inspectors, they must provide truthful information, as lying to a federal official constitutes a crime. Lying or obstructing during a routine inspection is considered a serious crime in the United States and will likely escalate a manageable situation into a criminal investigation, which could have serious ramifications for crew and the company.
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