The US Coast Guard (USCG) has issued change 3 version of Marine Safety Information Bulletin 13-23, dated December 23, 2024, which requires vessels to install surveillance cameras in an effort to reduce instances of sexual assault and sexual harassment (SASH) to non-domestic vessels operating in US waters.
On 23 December 2024, the US law enforcement service announced that new requirements have been issued under Title 46 of the United States Code to enhance crew safety on certain commercial vessels and to prevent and respond to sexual misconduct.
IMCA received several enquiries from members about the application of these new requirements for foreign flagged vessels and as a result, IMCA requested clarification from the USCG. IMCA's questions and the Coast Guards responses are set out below:
- Question: Does the requirement to install surveillance systems also apply to foreign flagged vessels calling to the United States?
Response: Audio and video surveillance equipment requirements contained in 46 U.S.C. § 4901 apply to certain foreign vessels (with overnight accommodations for at least 10 individuals on board) that are directly engaged in OCS activities and operating on waters suprajacent to the United States' OSC for no less that 72 hours. - Question: Does the requirements to install surveillance systems also apply to foreign flagged vessels solely transiting the OCS?
Response: No. The vessel must be directly engaged in OCS activities as stated in the previous response. - Question: Regarding 46 U.S.C. § 4901 foreign flagged vessel applicability, does this only apply id the mariners onboard are citizens of the United States?
Response: No. The citizenship of mariners onboard foreign flagged vessels is not listed under 46 U.S.C. § 4901(b).
Marine Safety Information Bulletin 13-23 CH-3, contains guidance on the implementation of several new laws, including:
- Master key control systems and the display of information in crew berthing areas.
- Safety management system.
- Surveillance requirements and response training.
IMCA’s Marine Policy & Regulatory Affairs and Marine Division Management Committees will develop a more detailed Information Note on this issue which will be issued in the near future.
In the meantime, should you have any questions, please send them to Margaret Fitzgerald, Head of Legal & Regulatory Affairs, who can take them up directly with the USCG.
