Luke M. Reid, Jeanne M. Grasso, Matthew J. Thomas, and Holli B. Packer ●
When a vessel arrives in a U.S. port, its owners, operators, and crew face a complex regulatory environment. The United States presents challenges for vessels because U.S. federal laws and regulations, and in some cases state-level requirements, are often different than laws and regulations applied in other jurisdictions around the world. In this regard, the United States has many regulatory requirements that go beyond what is contained in the international conventions applicable to international shipping. Understanding these U.S.-specific regulations requires careful preparation to help ensure strict compliance.
This article provides general guidance on what vessels must do when arriving at U.S. ports and offers practical advice for engaging with U.S. Customs and Border Protection (“CBP”), the U.S. Coast Guard (“USCG”), and other federal agencies.
Understanding the Regulatory Landscape
The USCG and CBP are the primary agencies responsible for enforcing laws applicable to foreign and domestic vessels calling at U.S. ports. The USCG enforces international conventions implemented by U.S. law and other U.S. laws under its Port State Control (“PSC”) authority. CBP enforces federal customs and immigration laws at U.S. ports of entry, as well as other requirements delegated to it by other federal agencies, such as the U.S. Department of Agriculture. Both agencies possess broad authority to board and inspect vessels, examine documents and cargo, and ensure compliance with applicable laws and regulations.
Under its PSC authority, the USCG conducts examinations of foreign-flag vessels arriving in a U.S. port or place, and enforces key international conventions within U.S. ports, including the International Convention for Safety of Life at Sea (“SOLAS”), the International Convention for the Prevention of Pollution from Ships (“MARPOL”), and the International Convention on Standards of Training Certification and Watchkeeping for Seafarers (“STCW”), among others. More generally, CBP officers and USCG PSC officers have broad law enforcement authority to conduct warrantless inspections and searches of foreign-flag vessels while in U.S. waters.
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