R 031759Z AUG 12
ALCOAST 357/12
COMDTNOTE 16601
SUBJ: DETAIN ON BOARD CREWMEMBERS
A. Memorandum of Agreement between the United States Coast Guard and
United States Customs and Border Protection regarding the det
B. 33 CODE OF FEDERAL REGULATIONS 101-105: Maritime Security
1. Summary: Foreign national crew members may be restricted to
their vessels while in port for either administrative or security
reasons. When an individual is restricted for only administrative
reasons, existing security requirements, including vessel and
facility security plans are sufficient and neither operational
controls nor additional security requirements are appropriate. In
cases where a restriction is due to security concerns, the Captain of
the Port (COTP) shall impose operational controls requiring the
vessel owner/operator to develop and implement a security plan as
described in Ref (A) and this message.
2. Policy:
A. The United States Customs and Border Protection (CBP) may
determine that a crewmember onboard a vessel in or bound for a U.S.
port be detained on board for either administrative or security
reasons. When the reasons for detaining a crewmember are purely
administrative, such as the lack of a visa, the individual is not
considered (quote)high risk(quote) and the crew member security plan
provisions of Ref (A) do not apply. Vessel and facility owners are
responsible for their respective security plans under Ref (B), and
Coast Guard units may choose to conduct spot checks during the course
of normal operations.
B. Ref (A) details the Coast Guard and CBP procedures for
individuals whom CBP determines are (quote)high risk
crewmembers(quote). For these individuals, CBP will issue a
(quote)detain on board(quote) order to the vessel master and
recommend that the Coast Guard deny entry to the vessel. The Coast
Guard will assist CBP by placing operational controls on the vessel
until the master, owner, operator, or agent establish appropriate
security measures.
3. Action:
A. Per Ref (A), once CBP has determined that a vessel has a
high-risk crewmember(s) onboard, and recommended that the CG deny
entry to the vessel, the COTP should issue a COTP Order that
instructs the master, owner, operator, or agent of the vessel to
submit a crewmember security plan to CBP and the USCG for approval.
The COTP Order shall require the vessel to remain outside of the U.S.
Territorial Sea until this requirement is met and shall require that
the appropriate security measures are in place upon arrival at the
berth.
B. The master, owner, operator, and/or agent of the vessel will
be responsible for developing the crewmember security plan and
obtaining CBP and COTP approval before the vessel is permitted to
enter port. Once the Coast Guard and CBP have approved the
crewmember security plan, the COTP will decide when the vessel may
enter the port and will notify the vessel accordingly.
C. Upon vessel arrival, CBP will board the vessel, muster the
crew, and review documents, to include visas, for accuracy. CBP will
provide the names of all crewmembers to be detained on board the
vessel to any contracted security guards.
D. CBP and USCG will make random visits to the vessel while at
the receiving facility during the course of routine patrols.
If the
contract security guards fail to perform assigned duties, or are
released for any reason by the master, owner, operator, and/or agent
of the vessel, the COTP may order the vessel to depart the port
immediately and the vessel may be subject to penalty for violation of
a COTP Order.
E. For a normal departure, i.e., one that has not been ordered
by the COTP, the master shall notify CBP in advance of the departure
in order to allow CBP adequate time to inspect the vessel and verify
that all crewmembers are onboard prior to departure. In accordance
with internal policies developed between the CBP Director of Field
Operations and CBP Chief Patrol Agent, in geographical areas with CBP
presence, CBP will be fully involved in the process.
F. Regardless of the reason for departure (e.g., vessel
schedule or COTP Order), CBP may inspect the vessel prior to
departure to verify that all of the crewmembers are on board and
report the results to the COTP.
G. To promote consistency among ports, the COTP and CBP Port
Director should advise their counterparts in subsequent U.S. Ports of
Call (scheduled during the same voyage) of the actions taken to
control high-risk crewmembers.
H. While Ref (A) remains the primary source of guidance on
this
subject, this message includes updates to processing policies made
since the original publication of Ref (A). Nothing in this message
limits the authority or responsibility of the COTP to take measures
to address specific safety and security risks as they apply, or, in
conjunction with CBP, to accept measures that achieve an equivalent
level of security for specific vessels when appropriate.
4. Facility Security Plans required by Ref (B) do not need to be
revised in order to accommodate provisions for handling of high-risk
crewmembers.
5. DISCLAIMER. This guidance is not a substitute for applicable
legal requirements, nor is it itself a rule. It is intended to
provide operational guidance for Coast Guard personnel and is not
intended to nor does it impose legally-binding requirements on any
intended to nor does it impose legally-binding requirements on any
party outside the Coast Guard. CGHQ POC: LT Russell Amacher (202)
372-1131 or CBP HQ POC: Officer Hui (quote)Tia(quote) Won (202)
325-4804. Ref (A) is available on the CG-FAC Portal site library at:
https://collab.uscg.mil/lotus/myquickr/facility-inspections/welcome.
Note that the attachment to Ref (A) is designated as Sensitive
Security Information/For Official Use Only and is not internet
releasable.
6.
RDML J. A. Servidio, Assistant Commandant for Prevention Policy,
sends.
7. Internet release is authorized.