The National Maritime Security Advisory Committee: Seafarer's Access to Shore Leave Page 1 of 2

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The National Maritime Security Advisory Committee

Thursday, October 23, 2008 Call The Executive Secretary

Seafarer's Access to Shore Leave
One of the more sensative issues that NMSAC has been working on is the issue of
allowing Seafarer's access to shore leave while in port. As a former Merchant 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 to get 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 Blog Roll
receiving attention from seafarer representative organizations, foreign flagged
The Coast Guard Compass:The
steamship companies and their industry representative organizations (BIMCO, for
Official Blog of the Coast Guard
example). Some facility owners/operators have established security measures that
essentially bar access to any persons not vetted by them, including seafarers seeking Official NMSAC web site
access to shore leave. Others have established a system of escort and transportation
through the facility with the cost of this service being billed directly to the individual
seafarer. Subscribe To

NMSAC was tasked to develop a working group to examine and quantify the extent to
which the issue of seafarer’s access to shore leave is a problem and develop a set of
reasonable solutions and recommendations that the Department can use in addressing
the issue. At their September 18 meeting, the NMSAC reviewed and discussed the
results of the Seafarer’s Access Working group:
Are You Ready?
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 inconsistent interpretation 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, Section
16.3.15. The Working Group found that physical access issues must be resolved
through the Coast Guard and terminal operators.

Seafarers’ Documentation
Seafarers’ documentation issues arise through the immigration policies of the federal
government. For example, the arrivals and departures of air crews in the United States
are 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.
Labels

blogs (1)
The Working Group made 10 specific recommendations, specifically geared to address
CBP (1)
3 fundamental Goals:
Charter (1)
1. Clarify the relevant statutes and regulations to reemphasize the human element
FACA (1)
and the protection of seafarers’ rights as an important principle of port facility
security. In addition, clarify which government agency has the authority to make Fusion Centers (1)
policies and to enforce regulations that ensure seafarers access to shore leave
and visitors. Future Security Issues (2)
2. Resolve issues relating to seafarers’ physical access to shore leave and visitors. groundswell (1)
3. Resolve issues relating to seafarers’ documentation.
Incident Response (1)
NMSAC Deliberations: ISPS (1)
The Committee recognized that many of the recommendations, especially those
addressing clarification of the relevant statutes/regulations and resolving the issues Joint Command Centers (1)
relating to seafarers’ documentation are not solely a Coast Guard issue to resolve. As LRIT (1)
such they recommended that these recommendations be forwarded to the CG/CBP
Senior Guidance Team (SGT) for action. MARSEC 104-6 (1)

http://uscg-nmsac.blogspot.com/2008/10/seafarers-access-to-shore-leave.html 8/3/2009
The National Maritime Security Advisory Committee: Seafarer's Access to Shore Leave Page 2 of 2

In regards to the recommendations relating to seafarer’s physical access to shore leave MERPAC (1)
visitors, the NMSAC agreed overall with the findings of the working group and officially
made the recommendation to the Coast Guard that: piracy (1)
PSGP (1)
“NMSAC recommends the CG implement and enforce the obligation of port
facilities under the International Ship and Port Facility Security Code, the RDML Salerno (2)
Maritime Transportation Security Act, and the relevant provision Title 33 Code Seafarers Rights (4)
of Federal Regulations regarding seafarers' access to shore leave, visitors,
representatives of seafarers welfare and labor organizations. shore leave (2)

NMSAC further recommends that the CG require each facility provide Social media (3)
unencumbered access for seafarers by requiring that every port facility security social networking (1)
plan facilitate shore leave, crew changes, and access for visitors. Any costs
for facilitating such access are a matter for the port facility.” Subchapter H (2)
TWIC (3)

So, what's next? NMSAC staff will be working with the Merchant Marine Personnel twitter (1)
Advisory Committee (MERPAC) staff to coordinate a joint meeting with the USCG/CBP Web 2.0 (2)
Senior Guidance Team to further explore the issue and consider the recommendations
identified in the report including a look at legal authority to force facilities to provide wiki (1)
access to shore leave. year in review (1)

Additionally, in support of the Subchapter H rewrite, NMSAC will be asked to assist in Followers
drafting standardized language for facility security plans to address the Seafarer’s
access. Join this site
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Members (10)
Posted by Ryan Owens at 11:31 AM

Labels: MERPAC, Seafarers Rights, shore leave, Subchapter H

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Contributors

Ryan Owens

NMSAC

http://uscg-nmsac.blogspot.com/2008/10/seafarers-access-to-shore-leave.html 8/3/2009