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 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 receiving attention from seafarer representative
organizations, foreign flagged steamship companies and their industry
representative organizations (BIMCO, for example). Some facility
owners/operators have established security measures that essentially
bar access to any persons not vetted by them, including seafarers
seeking 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.

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:

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.

The Working Group made 10 specific recommendations, specifically

geared to address 3 fundamental Goals:

1. Clarify the relevant statutes and regulations to reemphasize the

human element 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 policies and
to enforce regulations that ensure seafarers access to shore
leave and visitors.
2. Resolve issues relating to seafarers’ physical access to shore
leave and visitors.
3. Resolve issues relating to seafarers’ documentation.

NMSAC Deliberations: The Committee recognized that many of the

recommendations, especially those addressing clarification of the
relevant statutes/regulations and resolving the issues relating to
seafarers’ documentation are not solely a Coast Guard issue to
resolve. 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 seafarer’s physical

access to shore leave visitors, the NMSAC agreed overall with the
findings of the working group and officially made the recommendation
to the Coast Guard that:

“NMSAC recommends the CG implement and enforce the obligation of

port 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 provide

unencumbered access for seafarers by requiring that every port facility
security plan facilitate shore leave, crew changes, and access for
visitors. 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 joint
meeting with the USCG/CBP 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 access to
shore leave.

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

asked to assist in drafting standardized language for facility security
plans to address the Seafarer’s access.

Posted by Ryan Owens