USCG, IMO & Terrorism
(September 2002)
The USCG is moving forward
with its best efforts to reduce the potential for maritime terrorist
activities in the US. The USCG is determined to work through the
International Maritime Organization (in London) as much as possible towards
the development of internationally-accepted standards, rather than through
Congress. In the past, is has often been the case where the IMO adopts
standards that are somewhat different than those drafted through Congress,
which has been the cause of some embarrassment.
Some of these IMO items are on
their way to implementation, and include the Automated Identification System (AIS)
and Declaration of Security (DOS).
The AIS is and electronic IFF-type
device that vessels would plug into their Vessel Traffic Systems around the
country to streamline and standardize vessel tracking. This would arguably
improve safety by means of a simplified traffic control system. The trial
system is at work on the Mississippi River around New Orleans, but needs
further development before it can be finalized and is ready to be mandatory
equipment on all vessels,. The USCG is also pushing to expedite the adoption
of this technology from 2008 to July of 2004. This change in time frame will
go before the Assembly at the regulation meeting in December of 2002.
The USCG has also recommended
modification of the new proposed Chapter XI to SOLAS, Special Measures to
Enhance Maritime Security. This redefines fixed and floating platforms
the same as port facilities, and no longer as vessels. While this was how
they were treated in the regulations, fixed platforms have never been treated
by the USCG as vessels.
The new code, when it goes
into effect, would require port facilities, ships, MODUs, and fixed & floating
platforms to perform vulnerability analyses and develop security plans. This
is extremely far-reaching, and would impose international standards on
facilities throughout the US (including all inland port facilities along
USCG-supervised waterways), as well as each and every vessel, platform, and
port. This will require the expenditure of a lot of financial resources.
Can the Coast Guard do this
through the application of international requirements that the USCG itself
proposed to the IMO, well beyond the authority they currently have as enacted
by Congress? This seems like a bit of a stretch.
The new Chapter XI of SOLAS
would also include a requirement for a Declaration of Security (DOS), similar
to the Declaration of Inspection that is already mandated prior to each bulk
transfer.
It is our understanding that
if this passes the IMO Assembly in December 2002, it will start the
ratification process, and thus leading to an implementation date in the next
several years, once the requisite number of member countries has ratified the
modified Chapter XI.
