seafarer's access to shore leave

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Seafarer's Access to Shore Leave

Thursday, October 23, 2008

One of the more sensitive issues that NMSAC (National Maritime

Security Advisory Committee) has been working on is the issue of

allowing Seafarer's access to shore leave while in port. As a formerMerchant Officer, I can tell you that getting off the boat for a few

hours is a huge deal to most sailors. Even if it's to go to Wal Mart toget a new tooth brush, getting a change of scenery does much for

crew morale.

The shore leave issue for foreign seafarers is extremely sensitive and

has long been receiving attention from seafarer representativeorganizations, foreign flagged steamship companies and their industry

representative organizations (BIMCO, for example). Some facilityowners/operators have established security measures that essentially

bar access to any persons not vetted by them, including seafarersseeking access to shore leave. Others have established a system of

escort and transportation through the facility with the cost of thisservice being billed directly to the individual seafarer.

NMSAC was tasked to develop a working group to examine and

quantify the extent to which the issue of seafarers access to shore

leave is a problem and develop a set of reasonable solutions andrecommendations that the Department can use in addressing the

issue. At their September 18 meeting, the NMSAC reviewed anddiscussed the results of the Seafarers Access Working group:

Findings of the Working Group:

The Working Group identified two main elements of the issue:

1. Physical access through facilities, and,

2. Seafarers documentation.

Physical Access: Physical access issues arise through inconsistentinterpretation of regulations and weak support from the Coast Guard

for the intent of the human element provisions of the ISPS Code

specifically, paragraphs 10 and 11 of the Preamble and Part A, Section16.3.15. The Working Group found that physical access issues must be

resolved through the Coast Guard and terminal operators.
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Seafarers Documentation: Seafarers documentation issues arisethrough the immigration policies of the federal government. For

example, the arrivals and departures of air crews in the United Statesare governed by the same laws that apply to seafarers. However, air

crew members may receive a waiver of the visa requirements for short

stays. This is generally not done for seafarers.

Seafarers documentation issues must be resolved through action by

Customs and Border Protection and the Department of State.

The Working Group made 10 specific recommendations, specificallygeared to address 3 fundamental Goals:

1. Clarify the relevant statutes and regulations to reemphasize the

human element and the protection of seafarers rights as animportant principle of port facility security. In addition, clarify

which government agency has the authority to make policies andto enforce regulations that ensure seafarers access to shore

leave and visitors.

2. Resolve issues relating to seafarers physical access to shoreleave and visitors.

3. Resolve issues relating to seafarers documentation.

NMSAC Deliberations: The Committee recognized that many of therecommendations, especially those addressing clarification of the

relevant statutes/regulations and resolving the issues relating to

seafarers documentation are not solely a Coast Guard issue toresolve. As such they recommended that these recommendations be

forwarded to the CG/CBP Senior Guidance Team (SGT) for action.

In regards to the recommendations relating to seafarers physical

access to shore leave visitors, the NMSAC agreed overall with thefindings of the working group and officially made the recommendation

to the Coast Guard that:

NMSAC recommends the CG implement and enforce the obligation ofport facilities under the International Ship and Port Facility Security

Code, the Maritime Transportation Security Act, and the relevant

provision Title 33 Code of Federal Regulations regarding seafarers'access to shore leave, visitors, representatives of seafarers welfare

and labor organizations.

NMSAC further recommends that the CG require each facility provideunencumbered access for seafarers by requiring that every port facility


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security plan facilitate shore leave, crew changes, and access forvisitors. Any costs for facilitating such access are a matter for the port

facility.

So, what's next? NMSAC staff will be working with the Merchant Marine

Personnel Advisory Committee (MERPAC) staff to coordinate a jointmeeting with the USCG/CBP Senior Guidance Team to further explorethe issue and consider the recommendations identified in the report

including a look at legal authority to force facilities to provide access to

shore leave.

Additionally, in support of the Subchapter H rewrite, NMSAC will be

asked to assist in drafting standardized language for facility securityplans to address the Seafarers access.

Posted by Ryan Owens
http://www.uscg.mil/hq/cg5/cg522/cg5221/merpac.asphttp://www.uscg.mil/hq/cg5/cg522/cg5221/merpac.asp

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