Security Legislation News

The IMO will open its seventh Regional Presence Office (RPO), in Suva, Fiji, after IMO Secretary-General, Arsenio Dominguez, and Fiji Minister for Transport, Ro Filipe Tuisawau, signed a Memorandum of Understanding on March 18.The Regional Presence Office will support the maritime needs and priorities of countries in the Pacific Islands region, aligning IMO actions with national and regional development policies, while providing advice on key maritime issues such as training, safety and security, legislation and marine environment.

Willis Towers Watson unveiled a new type of cyber insurance product for shipowners that redesigns standard cyber policies to better navigate the risks for ship operators in the digital era.The solution, CyNav, addresses cyber threats in the broadest sense, including losses that occur from cyber-related business interruptions, even when the cyber events originate with third party IT service providers.CyNav’s primary focus is to support the continuity of maritime businesses and…

The International Transport Workers’ Federation (ITF) informed that crew members aboard a ship at a BHP terminal in Queensland are being neglected and underpaid."Crew aboard a ship at a BHP terminal in Queensland claim they are being starved and underpaid, in yet another instance of the coal giant’s veil of secrecy over its operations in Australian waters," said an ITF release.A seafarer aboard an 80,000-tonne bulk carrier, the Villa Deste, contacted ITF pleading for help. The starving crew claims to have no food and no onboard wages, and being fed on a $4 food budget per day.BHP is continuing to block ITF’s requests to inspect the vessel…

International Maritime Organization (IMO)  is assisting the Government of Viet Nam to implement international counter-terrorism measures involving the maritime sector.The training workshop is part of an on-going project with the UN Office on Drugs and Crime, which assists States’ capability to implement and enforce maritime safety and security legislation to support countering terrorism, piracy and armed robbery against ships.The exercise took place in Hai Phong, Viet Nam (9-10 January). The programme emphasises and demonstrates the need for cooperation among government departments and agencies. Participants are taking part in a range of evolving scenarios…

Maritime security is a key element of International Maritime Organization (IMO)'s work and, over many years, the Organization has developed a number of measures to help promote and sustain it.The focus is now on helping countries build their capacity to put these measures into practice, said a press note from IMO.IMO regularly partners with other agencies to do this. As part of a continuing collaboration with the UN Office on Drugs and Crime (UNODC), a national contingency-planning exercise for the government of the Philippines was recently held in Manila (October 18-19).The objective was to help them implement and enforce maritime safety and security legislation…

International Maritime Organization (IMO)  is assisting Tunisia with the development of its maritime security legislation with a training workshop, taking place in the country’s capital of Tunis (30 November – 1 December). Participating in the event are Tunisian Government officials, particularly legal experts responsible for implementing security measures set out in the IMO instruments SOLAS Chapter XI-2 and the ISPS Code. In reviewing the current legislation in place, participants are able to identify specific areas of concern and consider legislative or regulatory strategies to address those issues – thereby helping to strengthen governance, meet ISPS Code standards and elevate ship and port security laws and regulations to prevent security incidents.

Japan's Maritime Self Defense Force (JMSDF) took delivery of its biggest warship Izumo, since World War II, a vessel that observers say is a "de-facto aircraft carrier". The 19,500-ton destroyer Izumo, measuring 248 meters long and 38 meters wide, allows five helicopters to take off and land simultaneously. It can also load MV-22 Osprey transport aircraft to be purchased by the Ground Self-Defense Force, Japan's Kyodo News reported. The Izumo was indigenously constructed at a shipyard in Yokohama, near Tokyo, at a cost of around $1.5 billion. It is named after the former Izumo province in western Honshu. In Japanese mythology, the entrance to yomi (hell) is located in Izumo.

The International Maritime Organization’s (IMO) Maritime Safety Committee (MSC), which met at the Organization's London headquarters for its 94th session, from November 17-21, 2014, approved draft SOLAS amendments to make mandatory the International Code of Safety for Ships using Gases or other Low- flashpoint Fuels (IGF Code); adopted other SOLAS amendments; continued its work on its action plan on passenger ship safety; and approved and adopted a number of items put forward by the subcommittees. The MSC also adopted the Polar Code and related amendments to the International Convention for the Safety of Life at Sea (SOLAS) to make it mandatory.

Congresswoman Hahn’s Port Security Bill Passes the House. Congresswoman Janice Hahn’s port security legislation has passed the U.S. House of Representatives by a vote of 411 to 9. H.R. 4005 “Gauging American Port Security Act” or GAPS Act directs the Department of Homeland Security to conduct a comprehensive classified examination of remaining gaps in port security and prepare a plan to address them. “The loopholes that continue to exist in port security keeps me up at night,” said Rep. Hahn. “My first question as a member of the Homeland Security Committee was to Lee Hamilton, vice chair of the 9/11 Commission, on what Congress should be doing to protect our ports. Mr. Ships make 50,000 calls a year on U.S. ports, carrying two billion tons of freight and 134 million passengers.

Richard L. Furman, Esq., member of Carroll McNulty & Kull LLC (CMK) of New York, has authored “Cargo Transportation Security: Legislation and Regulation Through 2009,” a pamphlet published by Matthew Bender. The terror attacks on September 11, 2001, made clear the need for comprehensive and integrated cargo and transportation security laws and regulations. Furman’s pamphlet discusses the principal legislation and regulations currently in effect, directed at cargo, port, vessel and facility transportation security.

For the past several years, maritime security has been on everyone's mind. From the halls of Congress to the longshoremen working the midnight shift, the threat of a possible terrorist attack on the maritime interests of the United States and dealing with new security requirements have kept this topic on the front burner. While most in the maritime industry are relatively aware of the legislation that has been promulgated since the terrorist attacks of September 11, 2001, new evolving legislation continues to be implemented. In this regard, the most recent legislation that addresses the continuing implementation of the maritime security regime is the Coast Guard Authorization Act of 2008, HR 2830 (the "Bill").

The Singapore Maritime and Port Authority (MPA) issued a Circular advising owners and operators of Singapore ships that Singapore has adopted legislation to give effect to the SOLAS amendments and the ISPS Code. Among other things, the legislation provides that the owner and master of a ship that does not comply with the legislation and regulations may be liable for a fine not exceeding S$10,000 and the ship may be detained. Shipping Circular No. 11 of 2004 (HK Law).

Like so many areas of our economy since the terrorist attacks of September 11, the port and maritime areas of the United States are being scrutinized for vulnerability to terrorism. Catastrophic scenarios are all too easy to imagine, and the threats can come from so many directions. To illustrate the complexity of the maritime law enforcement challenge, the Coast Guard Commandant, Admiral James M. "Imagine for a moment the information requirements associated with a hypothetical 6,000 TEU flag-of-convenience container ship with a multi-national crew cobbled together by a hiring agent who works for an Algerian vessel operator who chartered the vessel from a Greek ship owner whose corporate offices are in the Cayman Islands.

On March 20, 2002, a committee of the U.S. House of Representatives approved legislation addressing security issues in the ports of the United States. The legislation will proceed to the floor of the House of Representatives for further action. Similar legislation has already passed the full Senate. Since the events of September 11, considerable attention has been given to conditions in U.S. ports by both the Congress and the Administration. The primary concern has been the difficulty of monitoring the contents of the approximately 16,000 cargo containers that daily pass through U.S. container ports. Concern that cargo containers might…

The U.S. U.S. Secretary of Transportation Norman Y. Inc. military seaports. port security enhancements. Secretary Mineta. Commission on Crime and Security in U. ports. Transportation for Maritime and Land Security, Rear Admiral Richard E. Bennis. Groundwork for the PVA program began in 1999 when the U.S. strengths and weaknesses of U.S. ports. The U.S. analysis of ports and critical infrastructure. in our ports," said Admiral James M. Loy, Commandant of the U.S. Guard. by Congress at $93.3 million for FY 2002. enhancing facility and operational security. and Operational Security. assessments, U.S. intelligence and investigative teams. Transportation and the U.S. operations, and to improve maritime security enforcement.

Increased funding for port security in H.R. 3983, the "Maritime Transportation Antiterrorism Act of 2002," was passed the House on June 4. The FY '02 supplemental appropriations bills, which the House has passed and the Senate may vote on this week, also include additional port security funds. "Greater resources are critical for continued improvements in security at our nation's ports," said Kurt J. Nagle, president of the American Association of Port Authorities (AAPA). "We applaud Congress for recognizing this need, and for its investment in helping to secure port facilities from terrorist attacks. H.R. 3983 authorizes $225 million for Federal grants to help ports enhance seaport security, and allows local flexibility to address terrorism at America's ports.

At an evening session, the U.S. House of Representatives agreed to and passed an amended version of the Maritime Transportation Antiterrorism Act of 2002 (H.R. 3983). The text of the bill, as passed, should be available soon. Immediately after passing the bill, the House appointed its members of the Conference Committee: Young (R-AK), Coble (R-NC), LoBiondo (R-NJ), Oberstar (D-MN), Brown (D-FL), Thomas (R-CA), Crane (R-IL), and Rangel (D-NY). The onus is now on the Senate to appoint its Conference Committee members in order that unified maritime security legislation can be enacted. Source: HK Law

On May 15, the Municipal Waterfront Alliance sponsored its second port-wide waterfront conference focused on the legal, environmental, infrastructure, redevelopment, commercial, transportation and economic issues facing the Port of New York & New Jersey. The conference took place in the Hoboken Terminal in New Jersey and the World Financial Center in New York City -- a short water taxi ride for the participants. The conference was attended by approximately 500 people, including 60 federal, state and local government representatives and stakeholders in the future redevelopment of the port complex. New Jersey Governor James E. McGreevey was the keynote speaker…

The Senate Committee on Government Affairs released its version of the Homeland Security legislation. It is entitled the National Homeland Security and Combating Terrorism Act of 2002 (S. 2452). Under this bill, the Directorate of Border and Transportation Security within the new Department of Homeland Security would consist of the Customs Service, the U.S. Coast Guard, the Animal and Plant Health Inspection Service (APHIS), and the Transportation Security Administration (TSA). The measure provides that the Customs Service and the Coast Guard are to remain distinct entities. Source: HK Law

by Dennis L. When the federal government began examining United States vulnerabilities in the days following the horrific terrorist attacks of September 11, 2001, it quickly became apparent that significant weakness existed on the U.S. maritime borders. Many, but not all, of these weaknesses were systemic and derived from both the U.S. open society and the procedures underlying modern maritime commerce. The goal quickly became to reduce the risk of maritime terrorism while not fundamentally altering the efficiencies of the commercial system. It was quickly realized that the threat to the maritime sector consisted of two distinct types: explosives and other contraband being shipped as cargo (particularly in a container) and the ship being used as a weapon…

The White House has embarked on a full-scale effort to sell the new federal cabinet level Department of Homeland Security. While the Congress does not seem to oppose the creation of the new department, they will no doubt reshape the make up as the project works its way through the system. Once the Congress starts adding and subtracting from what will go into the agency the process will become quite unpredictable. The stated purpose of the new agency would be to be the repository or clearinghouse of all domestic terrorism intelligence, merging some 22 agencies with 170,000 employees. At first blush it would appear the agency would be driven by the US Customs and Secret Service [both from Treasury] and the Transportation Security Agency [from Transportation (DOT)].

legislation. The conferees will work through the many differences between the Port and Maritime Security Act of 2001 (S. 1214, as passed by the Senate on December 20, 2001), and the Maritime Transportation Antiterrorism Act of 2002 (S. 4). Also expected to be considered in the conference is Senator John Breaux's (D-LA) Ship, Seafarer and Container Security Act (S. 2329). S. 2329 was approved the Senate Commerce, Science and Transportation Committee on May 17 and is awaiting consideration by the full Senate. Breaux has stated that his intent is to try to incorporate the bill in any House-Senate conference report on maritime security.

U.S. Secretary of Transportation Norman Y. Mineta, marking a significant milestone in the U.S. Department of Transportation's (DOT) ongoing port security efforts, today announced the award of $92.3 million in grants to 51 ports located throughout the nation to enhance the security of ports and other facilities. "Protecting seaports and port facilities against the threat of terrorism is imperative," said Secretary Mineta. At a press conference near New York City's Staten Island Ferry, the Secretary was joined by New York City Police Commissioner Ray Kelly and Port Authority of New York & New Jersey Vice Chairman Charles Gargano, as well as a host of federal representatives including Rep. Bill Young (FL), U.S. Coast Guard Commandant Admiral Thomas Collins and U.S.