SERVICES - SECURITY

U.S. Vessel Security Plan Requirement

Congress enacted the Maritime Transportation Security Act (MTSA) on November 25, 2002. Among other things, the MTSA requires vessels operating on waters of the United States to prepare security plans and to submit those plans to the U.S. Coast Guard.

At a diplomatic convention sponsored by the International Maritime Organization (IMO) in December 2002, delegates adopted amendments to the International Convention for the Safety of Life at Sea (SOLAS Convention). The major addition to the SOLAS Convention was the International Ship and Port Facility Security (ISPS) Code. Among other things, the ISPS Code requires ships engaged in international commerce to prepare security plans and to submit those plans to their respective flag administration (or designated Recognized Security Organization (RSO)).

The U.S. Coast Guard interpreted the two requirements as complementary. When the agency issued its interim regulations implementing the MTSA, it exempted foreign vessels subject to SOLAS that carried a valid International Ship Security Certificate (ISSC). Under the ISPS Code, the ISSC indicates that the ship has implemented its approved ship security plan.

Members of Congress expressed dissatisfaction with the Coast Guard approach. They contended that the MTSA required virtually all vessels to submit security plans for Coast Guard approval. As Representative Oberstar (D-MN), one of the principal authors of the MTSA, stated: “Nothing in the [MTSA] authorizes the Coast Guard to delegate its national security responsibilities to a foreign country.” The House Subcommittee on Coast Guard and Maritime Transportation conducted hearings in June and July 2003 where members criticized the agency’s approach as inconsistent with the statute.

The Coast Guard contended, with much justification, that a multilateral approach to maritime security was better than a unilateral approach, since the maritime industry is truly multilateral and the terrorist threat is international in nature. Unfortunately, the Coast Guard arguments were too late. The MTSA had already been enacted and the Coast Guard had made no serious effort to have the law amended to delete this unique requirement.

Intracoastal Transportation can help you with your security issues. Our vessel has had an assessment and has a plan. We have worked with tug and barge companies and facilities to insure secure working environments and Intracoastal Transportation's Pat Folan is a trained and federally-recognized Company Security Officer and Vessel Security Officer.