Greetings, All.
I wanted to start a new thread that I will try to keep updated with information coming out of the Coast Guard’s National Maritime Security Advisory Committee. I have a blogup and running and we also have a LinkedIn Group for those of you that are on that site. Please feel free to check them out.
In any event, please keep checking back for regular updates.
brgrds,
Ryan
One of the emerging hot issues from the NMSAC involves an issue near and dear to my heart. Seafarer’s Access to Shore Leave.
Specifically, we’ve been hearing reports of facilities refusing to let mariners off their vessels to go on shore leave (citing security reasons) or charging extrememly high fees for escorts/shuttle services.
NMSAC was tasked to research the issue and provide guidance to the USCG on the issue. You can read a review of the detailed report they issued here.
In addition, at our May 4 meeting, the Committee passed a resolution that states:
"The National Maritime Security Advisory Committee (NMSAC),
[B]Having received[/B], a Task Statement from the United States Coast Guard in June, 2008, requesting NMSAC to examine and quantify the problem of seafarers’ access to shore leave and to provide comments by September 18, 2008,
[B]Convened[/B] a Seafarers’ Access working group consisting of representatives that consisted of representatives from Seafarer’s Unions, Seafarer’s Welfare Organizations, Facility owner/operators, Facility Security Officers, and Shipowners Associations,
[B]Having met[/B] on September 18, 2008 to discuss, among other items, the findings of the working group,
[B]Recognizing that[/B], several international instruments, listed in the working group’s report, affirm seafarers’ rights to shore leave, visitors, and representatives of seafarers’ welfare and labour organizations,
[B]Noting that[/B], seafarers work and live on ships involved in domestic and international trade and that access to shore facilities and shore leave are vital elements of seafarers’ general well-being and, therefore, to the realization of safer seas and cleaner oceans and the free flow of commerce,
[B]Considering that[/B], due to the global nature of the shipping industry, seafarers need special protection, and security needs must be balanced with the rights of seafarers, and
[B]Noting that[/B], the International Ship and Port Facility Security Code (ISPS Code), requires that port facility plans address procedures for:
“facilitating shore leave for ship’s personnel or personnel changes, as well as access of visitors to the ship including representatives of seafarers’ welfare and labour organizations.”
[B]Resolves that[/B], the Coast Guard,
enforce the obligation of port facilities under the ISPS Code, the Maritime Transportation Security Act, and the relevant provisions of Title 33 of the Code of Federal Regulations regarding seafarers’ access to shore leave, [B]and access for[/B] visitors, representatives of seafarers welfare and labor organization;
require each port facility to facilitate access for seafarers by requiring that every port facility security plan facilitate shore leave, crew changes, and access for visitors, in accordance with the ISPs Code and international instruments. Any costs for facilitating such access is a matter for the port facility; and,
convene a high-level group consisting of representatives of the Department of Homeland Security, Department of State, Seafarer’s Unions, Seafarer’s Welfare Organizations, Facility owner/operators, Facility Security Officers, and Ship-owners Associations to address all related seafarer access issues."
Since the NMSAC deliberations are of course always open to the public at large (except for issues that are considered classified), I’d be interested in your thoughts/opinions on this topic.
Additionally, are there any issues/concerns you’d like to see the committee address? please don’t hesitate to contact me directly!
Is the National Maritime Security Advisory Committee a US government entity or a private group?
I’m very interested in the issue of Seafarers’ access to shore leave, especially in regard to foreign seamen after TWIC implementation. I have spoken to many foreign ship operators that are currently having a great deal of difficulty getting their crews shore leave in US ports. I have not been able to find out much about USCG and DHS policies on this, it seems like TWIC implementation varies for each port facility. Any information you can share about this would be appreciated.
[quote=sean;13493]Is the National Maritime Security Advisory Committee a US government entity or a private group?
I’m very interested in the issue of Seafarers’ access to shore leave, especially in regard to foreign seamen after TWIC implementation. I have spoken to many foreign ship operators that are currently having a great deal of difficulty getting their crews shore leave in US ports. I have not been able to find out much about USCG and DHS policies on this, it seems like TWIC implementation varies for each port facility. Any information you can share about this would be appreciated.[/quote]
Sean,
NMSAC is a Federal Advisory Committee. It’s run by the Fed. Government (the USCG, specifically) and is comprised of 21 various representatives from the maritime industry (Labor Unions, Marine Exchanges, Port Authorities, various industry associations, etc…).
TWIC implementation in each facility is covered in 33 CFR 104.
A large sticking point appears not to be the TWIC rules (although there some of those issues) but the requirement of Foreign Seafarers to apply for and obtain a VISA.
Should a seafarer obtain a VISA, the facility is required under 33 CFR 105.200 (b)(9) to, “Ensure coordination of shore leave for vessel personnel or crew change-out, as well as access through the facility for visitors to the vessel (including representatives of seafarers’ welfare and labor organizations), with the vessel operators in advance of a vessel;s arrival. In cooordinating such leave, facility owners or operators may refer to treaties of friendship, commerce, and navigation between the U.S. and other nations. The text of these treaties can be found at http://www.marad.gov/Programs/treaties.html”
Sorry to be long winded in the response, it’s a difficult issue to navigate, I know. If you know of any facility that seems to be giving mariners a hard time about shore leave access, please don’t hesitate to contact the Local COTP or you can fet in touch with me (my contact info is in my profile). We’re really trying hard to educate facility owners/operators (and mariners) on the requirements.
As an update to the Seafarer Access issues, the Coast Guard is very interested in soliciting comments/best practices/lessons learned that we can use in developing futher policy to address this issue. In addition, we’re looking for information in trying to quantify how big the issue is.
Ultimately we plan on putting together some comprehensive guidance on the issue and this is your opportunity to help inform us as we develop that guidance.
So, let’s get the conversation started…
more updates on seafarer access: