U.S. Security Procedures - BIMCO Input
Steamship Mutual
Published: August 09, 2010
October 2002
BIMCO Press Release of 24 September 2002:
BIMCO Meets With High Level Officials in Washington
On 16 and 17 September, 2002, a BIMCO delegation led by BIMCO President Michael Everard met with high ranking officials from the U.S. Customs Service, the Immigration and Naturalization Service (INS), the State Department Visa Office, the U.S. Senate Surface Transportation and Merchant Marine Sub-Committee, the U.S. House Coast Guard and Merchant Marine Sub-Committee, the U.S. Coast Guard, the Maritime Administration, and the Department of Transportation.
Michael Everard was joined in Washington by BIMCO’s President-Designate, C.C. Tung of OOCL, BIMCO’s U.S. Liaison Officer, Admiral William Kime (Ret.), and the President of the Chamber of Shipping of America, Joseph Cox. Also present were BIMCO Secretary General, Truls W. L’orange and BIMCO Deputy Secretary-General, Ove C. Tvedt, who has been actively involved in U.S. maritime security issues for a number of years.
The meetings were a direct result of consultations held between BIMCO and a number of Washington officials earlier this year. Topping the agenda was the recent joint industry appeal concerning U.S. security costs and procedures submitted by BIMCO on behalf of the other industry organisations.
Asked what results have been achieved in Washington, Michael Everard explained, "It is imperative to understand that the events of the 11 September 2001 have changed the way companies in the United States conduct business. Today, various protective measures are in place, which directly impact shipping. Our message to the government officials in Washington was that we, the international shipping community, understand that this has been necessary. However, it is essential that these measures be implemented in ways which do not disrupt trade and thereby shipping."
Michael Everard went on to say that "It was important for us as an organisation to communicate personally a message to the relevant governmental agencies in Washington that the international shipping community is offering to assist in finding practical solutions, which will cause a minimum of disruption to trade and shipping. In this respect, President Designate C.C. Tung’s knowledge of the container industry was invaluable when discussing the impact of security measures on the container industry."
Michael Everard added, "Our concerns were taken on board and it is our impression that the basic aim of BIMCO in this case was understood. We therefore expect to return to Washington soon to continue the process of dialog by providing practical input".
Asked about the outcome of the meeting with the Immigration and Naturalization Service (INS) Mr. Everard continued, "We will work with the US authorities to ensure that our crews coming to the United States onboard our ships are granted the possibility of going ashore if they wish. We are deeply concerned about the categorisation of ordinary seafarers as a potential security risk."
He added that "We discussed the issue of crew visas in Washington and have clearly expressed our view that it would be unwise to dismantle the current crew list visa waiver programme until a new system is in place which also takes into consideration the practical needs of our seafarers."
The BIMCO delegation expressed their deep concern about reports of crews being detained on board ship despite having fulfilled the formal visa requirements for entry, in some instances by armed private security companies. In addressing this issue, Mr. Everard said, "The crew is often in the best position to verify possible weaknesses in the security arrangements as well as report any suspicious activities that may be linked to terrorist or criminal activities. As such, the crew should be viewed as an asset instead of as a potential liability or threat".
In backing up this assertion, Michael Everard made reference to the SCIA programme (Sea Carrier Initiative) BIMCO signed with the U.S. Coast Guard and Customs authorities in 1989. SCIA was established in response to the severe penalties enforced by the U.S. authorities when drugs were inadvertently carried onboard merchant ships. The programme ensures that vessels undergo certainpredetermined requirements to prevent their ships being used for smuggling illegal drugs. "Over the years, U.S. authorities have received a number of early warnings from observant ships crews when suspicious activities have been observed during loading, which has enabled the authorities to seize large amounts of illegal drugs," Mr. Everard said.
CSI
During the meetings, the U.S. Customs referred to the U.S. Container Security Initiative (CSI) which BIMCO views positively, as it makes sense to base the risk analysis in the host country where the containers are loaded.
BIMCO, however, views the 24-hour manifest rule with some scepticism, as BIMCO questions the ability of U.S. Customs to analyse and report back to the carrier within the designated 24-hour period. BIMCO feels, moreover, that the 24-hour rule is currently not feasible in its present form when referring to bulk cargoes.
C-TPAT *
C-TPAT stands for the US Customs-Trade Partnership Against Terrorism (C-TPAT). This program is a joint government-business initiative aimed at building co-operative relationships that strengthen overall supply chain and border security, recognising that customs can only provide the highest level of security through close co-operation with its industry partners. Documents issued that describe the C-TPAT initiative clearly indicate that its roots are found in the Sea Carrier Initiative Agreement (SCIA) and the Business Anti-Smuggling Coalition (BASC) program.
When comparing the C-TPAT to other security measures, such as the SCIA, International Maritime Organization (IMO) guidelines on the prevention of drug smuggling, piracy and armed robbery against ships, and the proposed amendments to the Safety of Life at Sea (SOLAS) Convention, BIMCO is confident that our owner members, particularly those which are already signatories to the SCIA, will have little difficulty in adhering to the terms of the C-TPAT.
The U.S. Customs Service agreed with BIMCO, during the meetings in Washington, to sit down and work out a proposal with BIMCO building on the current SCIA programme which will include C-TPAT, rather than instituting two separate security programmes.
Crew Identity Cards
There seems to be consensus within the maritime industry that a standard identification (ID) card should be produced for seafarers. Developing a universally acceptable solution, however, will be quite a challenge for the relevant international regulatory bodies, particularly the IMO and the International Labour Organization (ILO), both of whom are presently tackling on this issue.
The U.S. Department of Transportation’s Maritime Administration Department (MARAD) leads the U.S. Government delegation on ILO issues, which includes the development of a convention on seafarer’s credentials. It is the principle government agency presenting the U.S. Government’s views on seafarer credentialing issues and is assisted by the U.S. Coast Guard at all meetings.
The issue of crew identity cards was brought up at the meeting between BIMCO and the State Department. BIMCO emphasized the importance of the United States accepting an eventual ILO standard, which is for the most part based on input from the U.S. delegation.
BIMCO feels that a crew identity card must be supplemented by a similar identity card for port workers and officials which will enable the Master to quickly determine who is a bona-fide port official or employee and who is an impostor seeking access to the ship to pursue criminal or terrorist activities.
The Costs Of Security Guards
It is a sad fact that, for some ships these days, the costs of the private security guards placed on board by the authorities* exceeds the daily freight earnings.
The reason given by the Americans for putting armed guards on certain ships is to prevent possible terrorist acts against the U.S. In BIMCO’s view, such costs should be borne by those benefiting from doing so.
Leaving aside the discussion on costs, BIMCO pointed out that security guards should consist of trained staff from, for example, the U.S. Coast Guard, rather than private security guards who rarely have any previous experience in dealing with highly sophisticated vessels carrying e.g. flammable cargoes.
BIMCO has taken the initiative to draft the wording for a clause as soon as possible, which takes into consideration the possible liability for costs arising from the posting of security guards in U.S. ports.
Asked to summarize the week spent in Washington and New York, Michael Everard said, "Changing the landscape of international shipping is not done overnight and, as anyone having been involved can attest, is often a complicated process. However, as the representative of more than 2,600 members in 122 countries, we have the unique ability to help pave the way for a broad understanding of the intricacies of international shipping. This week has been quite important in that respect, and I feel that our input on these issues will prove invaluable in the discussions currently taking place".
Contact person:
Mr. Truls W. L’orange
Secretary General, BIMCO
Tel. (+45) 44 36 68 00
e-mail: [email protected]
Note: BIMCO, established in 1905, is the world’s largest private association of shipping companies, with more than 2,600 members in 122 countries. The owner-members of BIMCO control a fleet of 510 million DWT thereby representing 65% of the world’s merchant fleet. Among its many activities, the organisation provides strictly professional, non-political information and counselling services for the maritime community including owners, brokers, agents and club members. BIMCO is an official observer at the International Maritime Organization.
*Links to related Steamship website articles:
