Navigating U. S. Arrival: A Guide for Vessels on Port Entry and Inspections on Arrival( continued from page 18)
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.
Criminal Investigations. Criminal investigations onboard foreign-flag vessels have become more common in recent decades. Criminal investigations often start with a routine PSC exam but can evolve into a criminal investigation due to a whistleblower or deception on the part of the crew. If investigators or inspectors begin a criminal investigation, they are not required to disclose it to the Master or crew. In situations where it is not clear that a criminal investigation is underway, vessel crew may make incriminating statements unwittingly or otherwise.
Under U. S. law, all persons, including foreign crew members, have the right to speak or not speak with investigators, and the right to first consult with counsel. As outlined above, it is imperative that crew members be truthful if they choose to speak with an investigator.
If an investigation or inspection seems to be evolving into a criminal investigation, vessel owners and operators should have a plan to promptly engage with competent maritime criminal counsel for advice.
Rights Regarding Electronic Devices. CBP and USCG officers have broad warrantless search and seizure authority onboard vessels within U. S. jurisdiction, which includes searches of electronic devices such as personal cell phones and laptops. If CBP or USCG personnel determines there is reasonable suspicion of a violation of U. S. criminal law or there is a national security concern, they may conduct an advanced search without a search warrant.
An advanced search, without a search warrant, can involve copying the contents of electronic devices for later analysis. If CBP or USCG inspectors request consent to copy or view an electronic device, such as a crew member’ s cell phone, the Master and / or crew member should consult with shoreside management and legal counsel before providing devices for advanced search or confiscation. Under no circumstances, however, should a crew member delete data, delete other information on the device, or obstruct the CBP or USCG’ s investigation, even if they seize an electronic device or attempt to search it without consent.
Conclusion There are several general principles to follow that are necessary to successfully navigate U. S. arrival procedures and inspections.
Essential starting points include developing a clear understanding of applicable regulatory requirements and maintaining effective communication between ship personnel, shoreside management, local vessel agents, and U. S. government officials. In addition, ensuring that vessel documentation is accurately maintained and interacting with CBP and USCG officials in a forthright matter helps build credibility and trust, which can facilitate more efficient port visits. Vessel owners and operators should also understand how USCG policies and procedures differ from those of other port state control authorities in other jurisdictions. Finally, vessel owners and operators should be aware that PSC inspections or marine casualties may, under some circumstances, evolve into civil or criminal investigations, and should understand the attendant risks such investigations may present.
Effective operational plans and procedures and comprehensive training programs to address the above requirements and risks are essential to ensuring compliance with applicable laws and regulations and facilitating smooth and seamless port visits in the United States.
p – 2026 BLANK ROME LLP
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