Kierstan L. Carlson, Jeanne M. Grasso, and Gregory F. Linsin ●
The Act to Prevent Pollution from Ships (“APPS”) is the U.S. law that implements the International Convention for the Prevention of Pollution from Ships (“MARPOL”). Since a policy shift in 2010, the U.S. Coast Guard’s (“USCG”) approach to enforcing APPS has trapped hundreds of foreign seafarers in a legal limbo in the United States that has deprived them of their liberty, commonly for a year or more; impaired their maritime careers; and exacted serious emotional and psychological tolls on the seafarers and their families. The USCG should urgently remedy this situation by limiting in “Agreements on Security” how long seafarers can be detained in the United States in connection with MARPOL investigations.
Legal Framework
APPS defines the conduct that would constitute a violation of the law by most commercial vessels and provides for criminal and civil penalties. It also includes several key provisions to facilitate investigations of potential violations, including in rem liability, as well as a provision that allows the USCG to request U.S. Customs and Border Protection (“CBP”) to withhold customs clearance for a vessel if reasonable cause exists to believe that the vessel, its owner, or the operator violated APPS. The USCG determines whether such reasonable cause exists, and, if so, whether to refer the matter to the U.S. Department of Justice (“DOJ”) for possible criminal enforcement.
The USCG also has authority under APPS to require the “filing of a bond or other surety satisfactory” before the vessel can continue trading. If these requirements are met, the USCG will request that CBP grant the vessel clearance to depart.
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