The United States Coast Guard (USCG) has recently advised that all foreign
flagged vessels operating in United States waters are required to be maintained
in compliance with United States regulations, international Conventions and
other required standards. USCG has stated that it now has procedures in place
so that if ships have a history of operating in waters subject to U.S.
jurisdiction in a substandard condition, outside acceptable standards, they may
be denied entry. This is in effect a banning order.
USCG has stated: "Over the past several years there have been cases where
foreign flagged vessels have been repeatedly detained by USCG Port State
Control Officers for significant safety and security non-compliances and
substandard conditions. In each case, the vessel's Flag administration was
notified and the substandard conditions were corrected; however, the underlying
causal factors for the substandard conditions may not have been identified
and/or adequately addressed as would be expected if an effective and properly
implemented Safety Management System (SMS) was in place."
Denial of entry only applies to vessels which have been repeatedly detained
three detentions within twelve months and if it is determined that failure to
effectively implement the Safety Management System (SMS) may be a contributing
factor to the substandard condition(s) that led to the detentions.
USCG has also stated that as much information as possible will be gathered
before a port state control (PSC) inspection on a vessel with previous history.
This information will include: deficiencies, detentions, marine casualties,
pollution incidents or marine violations. It will not be limited to USCG
inspections, but may include previous PSC results from other flag states
including detentions and/or bans on the vessel or company.
If it is determined that adequate measures have not been taken to prevent
future non-compliance, then a Letter of Denial will be issued to the vessel's
owner and company (listed on the Document of Compliance) informing them that
the vessel will be denied entry into any port or place in the United States
unless specific actions are completed to the satisfaction of USCG.
The denial of entry will be associated with the vessel by its IMO number and
will remain in effect until removed by USCG. Conditions governing a vessel's
re-entry into U.S. waters will be considered on a case-by-case basis by USCG
Headquarters in Washington DC.
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