USA

Zero tolerance by US CBP

There has been a marked increase in recent months in enforcement action by US Customs & Border Protection (CBP), much of which has resulted in delays to vessels, the threat and/or imposition of heavy penalties, and costly crew movements and repatriation. In particular, the authorities have now adopted a zero tolerance-type programme in connection with crew immigration issues.

Essential requirements of the CBP involve (1) absolute gangway watch, (2) ensuring that all those detained on board do not step off the gangway, and (3) crew members allowed ashore must have shore passes with them at all times. In order to assess and enforce compliance, the CBP has carried out ship visits, conducted covert surveillance of ships in port, and interviewed seafarers ashore. Where the CBP identifies a breach, it is likely to impose a fine and may require the vessel to pay for a local security firm to assume control of the gangway watch. Shipowners are asked to ensure that all masters and crew are fully aware of the correct procedures to be followed on board and when going ashore in US ports.