USA

New International Group rules on surveys

As at the 2006 P&I renewal, revised and new common rules have been implemented by all international group P&I Clubs to address the risks of sub standard shipping.

The primary rules relate to the carrying out of conditions surveys on vessels of a certain age and type. Also more background information on the vessel and current managers is required in respect of any additional ship entries.

The new rules relating to surveys are summarized below :

U.S. Ports - Electronic Submission of Advance Information - eNOA and APIS

The U.S. Coast Guard and Customs and Border Protection (CBP) require vessels to submit information for safety and security purposes and for the enforcement of U.S. immigration, import, and export laws, prior to arrival in a U.S. port or place. Notice of Arrival provisions require information about vessel and voyage, International Ship Security Certificate (ISSC), Cargo (general description), crew, non-crew and passengers and Dangerous Cargo to be submitted.

Since 6 June 2005 all vessels calling at U.S. ports have been required to submit notice of arrival information in electronic format.

When?
The electronic notice of arrival (eNOA) and other required information must be submitted as follows:

• Voyage of 96 hours duration or more - submit at least 96 hours before entering the port of destination
• Voyage of less than 96 hours duration but more than 24 hours - submit not less than 24 hours before entering port
• Voyage of 24 hours duration or less - submit prior to departing the foreign port.

Vessels leaving the U.S. for a foreign port must submit electronic notice of departure (eNOD) and crew/passenger manifest 15 minutes prior to departure.

(Different rules apply to vessels sailing between U.S. ports.)

How?
Since January 2005 carriers have been able to satisfy the notification requirements of both the Coast Guard and CBP by the submission of one eNOA to the National Vessel Movement Center (NVMC). However, the detailed advance notification of cargo under the Automated Manifest Requirements must still be made separately to the CBP.

Passenger and Crew Information
Regulations dealing specifically with the passenger and crew information to be submitted with the eNOA, the Advanced Passenger Information System (APIS), became effective for cargo vessels in June 2005 and passenger vessels in October 2005. Since October 2005 CBP have been issuing penalties for omissions and errors in crew and/or passenger manifests submitted as part of eNOA/D. Errors can include, but are not limited to, incorrect passport numbers, dates of birth, misspellings or omissions of crew or passenger names, etc. Penalties are assessed on a per manifest (not per error) basis. It appears that CBP audits allvessels submitting departure information to ensure that the crew/passenger manifests have been updated and accurately reflect any changes that may have taken place while the vessel was in the U.S.

Penalties & Bonds
Penalties can be imposed for violations of the regulations. These penalties amount to US$5,000 for the first violation, and $10,000 for each subsequent infringement. Seizure and forfeiture are also possible consequences but are generally only likely in limited circumstances. In order to secure the payment of any penalties that may be imposed, the carrier must establish an international carrier bond (ICB). The carrier for these purposes is the entity responsible for providing the vessel's crew.

Shipowners who have a valid and current type 3 ICB, which is used as part of the Automated Manifest System filing requirements, should not need to obtain a new bond as the type 3 ICB may be deemed to be acceptable for APIS purposes. However, this should be confirmed with the relevant Area Port Director. If Shipowners do not have a valid ICB they should request from the Area Port Director, in the port that they use most frequently, details of the amount of bond that will be required.