Vessels from countries deemed by the US Coast Guard not to be maintaining effective anti-terrorism measures are subject to conditions of entry. Cuba is the most recent addition to a list which also includes Iran, Syria, Cameroon, Equatorial Guinea, Guinea-Bissau, Liberia, and Mauritania. Indonesia is also included in the list with certain port facilities excepted. The most recent update has also changed the absolute requirement for armed guards; this requirement will now be judged on a case by case basis.
The text below, based on US Coast Guard Port Security Advisory (5-08) of 11 April 2008, sets out the actions required of vessels visiting the listed countries:
A. Background:
The Maritime Transportation Security Act of 2002 (MTSA) has mandated that the United States Coast Guard evaluate the effectiveness of anti-terrorism measures in foreign ports and provides for the imposition of conditions of entry on vessels arriving to the United States from countries that do not maintain effective anti-terrorism measures (MTSA, 46 USC § 70108).
The Coast Guard has identified three additional port facilities in Indonesia that are excepted from the conditions of entry. Furthermore, the requirement for armed guards while in the U.S. will be made on a case by case basis by the Coast Guard after considering the security compliance history of the vessel.
B. Countries Affected:
The Coast Guard has determined that ports in the following countries are not maintaining effective anti-terrorism measures:
Cuba (Effective 18 April 2008)
Cameroon(with the exception of the Ebome Marine Terminal, the Quai GETMA [LAMNALCO Base] facility, and the Société Nationale de Raffinage [SONARA] Terminal)
Equatorial Guinea(with the exception of the ports of Ceiba, K-5, Luba, Punta Europa, and Zafiro)
Guinea-Bissau
Indonesia (with the exception of Banjarmasin Port; Belawan Multi-Purpose Terminal; Caltex Oil Terminal Dumai; Jakarta International Container Terminal; Pelindo II Conventional Terminal Jakarta; Pertamina Unit Pengolahan II Dumai; Pertamina Unit Pengolahan V Balikpapan; PT Badak Bontang Natural Gas Liquefaction; PT Indominco Mandiri Bontang [Bontang Coal Terminal]; PT Multimas Nabati Asaha; PT Pelabuhan Indonesia I Cabang Dumai; PT Pertamina Unit Pemasaran III Jakarta; PT Pupuk Kaltim Bontang; PT Terminal Petikemas Surabaya; Semarang International Container Terminal; and Senipah Terminal Total E&P Indonesia Balikpapan; British Petroleum Arco Arjuna; Newmont Nusa Tenagara; and Chevron Santan Marine Terminal)
Iran (Effective 2 April 2008)
Liberia
Mauritania(with the exception of the Chinguetti Terminal)
Syria
C. Actions Required by Vessels Visiting Countries Affected:
All vessels arriving to the United States that visited the countries listed in paragraph B (with exceptions noted) during their last five port calls must take actions 1 through 5 listed below while in the countries listed in paragraph B as a condition of entry into ports of the United States:
1. Implement measures per the ship’s security plan equivalent to Security Level 2;
2. Ensure that each access point to the ship is guarded and that the guards have total visibility of the exterior (both landside and waterside) of the vessel. Guards may be:
• provided by the ship’s crew, however, additional crewmembers should be placed on the ship if necessary to ensure that limits on maximum hours of work are not exceeded and/or minimum hours of rest are met, or
• provided by outside security forces approved by the ship’s master and Company Security Officer.
3. Attempt to execute a Declaration of Security;
4. Log all security actions in the ship’s log; and
5. Report actions taken to the cognizant U.S. Coast Guard Captain of the Port prior to arrival in the U.S.
Vessels that visited the countries listed in paragraph B (with exceptions noted) during their last five port calls will be boarded at sea by the Coast Guard to ensure the vessel took the required actions. Failure to properly implement the actions listed in paragraph C.1 through C.5 will result in denial or delay of entry into the United States.
However, vessels that visited Monrovia, Liberia during their last five port calls prior to entering the United States will not normally be boarded at sea by the Coast Guard unless other targeting factors apply, nor will these vessels be required to provide armed security guards while in ports of the United States.
D. Actions Required by Vessels in U.S. Ports:
Based on the findings of the Coast Guard boarding or examination at sea, the vessels subject to the conditions of entry in paragraph B may be required to ensure that each access point to the ship is guarded by armed security guards and that they have total visibility of the exterior (both landside and waterside) of the vessel while in U.S. ports. The number and location of the guards must be acceptable to the cognizant U.S. Coast Guard Captain of the Port. For those vessels that have demonstrated good security compliance and can document that they took the measures called for in C.1. through C.4. above, the armed security guard requirement will normally be waived.
E. Countries Subject to Additional Port State Control Targeting:
Vessels arriving from the following countries remain subject to increased port state control targeting, including at sea boardings:
Democratic Republic of the Congo
While not required as a condition of entry, if a vessel takes the steps outlined in paragraph C.1 through C.5, the vessel’s security posture will be considered and reflected in the scope, intensity and duration of the port state control measures. Taking these steps does not guarantee vessels will not be subject to additional measures.
Advisories can be found on the USCG/DHS Homeport website at: http://homeport.uscg.mil/mycg/portal/ep/home.do. Follow the IPS Program links to the Port Security Advisory area. Several additions/changes to this program have been made in recent months and, accordingly, the Homeport website should be monitored on a regularly basis.
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