U.S. Ports - Additional Coast Guard Security Requirements

August 2002

On several occasions in recent months the U.S. Coast Guard has required armed guards to be placed on board certain vessels calling at New Orleans and other Mississippi River ports. The requirement follows the vessel's designation as a "potential threat to port security". There have been reports of similar incidents at other U.S. ports. 

An owner will usually be made aware of the requirement for an armed guard within 24 to 48 hours of submitting the required 96-hour advanced Notice of Arrival; if so, a "high interest vessel restriction" notice will be issued. 

The Coast Guard has not publicised the criteria used to determine whether a vessel poses a "potential threat". It is thought, however, that the designation of a vessel may be related to information submitted with the Notice of Arrival, which includes crew nationality. 

In the Mississippi River, a "high interest vessel restriction" notice is typically issued to the ship through her agent requiring a security force of at least two armed security guards maintaining a roaming  watch 24 hours a day. Most of the notices to vessels have required the guards to come on at the Southwest Pass Sea Buoy and remain on board until the ship again passes the sea buoy outbound. 

There have been complaints that the guard requirement is being applied more rigidly in New Orleans than in other ports, but the local Coast Guard Officer in charge of Marine Inspection has taken the position that this is a headquarters directive and not subject to any local discretion. Once a ship is designated as high risk, it is required to submit a security plan using a guard service from a State approved company.

For an extended port stay the charges for guard hire and launch service can become expensive. Where vessels are fixed with the possibility of calling at U.S. ports Members should endeavour to agree in advance responsibility for guard charges in the event that the vessel is placed on restriction by the Coast Guard.

With thanks to Chaffe McCall Phillips Toler and Sarpy, LLP for supplying this information.