Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.
Issue link: https://uscgproceedings.epubxp.com/i/284910
33 Spring 2014 Proceedings www.uscg.mil/proceedings Unequal Treatment of Foreign vs. U.S. seafarers For U.S. mariners, the issue of shore leave is rarely a prob- lem, beyond the hassle of fnding a reasonably priced ride into town. U.S. mariners can flash their TWIC, which is usually suffcient proof that they have been vetted to the maximum extent possible. Most foreign seamen (especially those who might not know where their next voyage will take them) don't have D-1 visas, especially since it is so expensive (as much as $160), time-consuming, and requires an inter- view at a U.S. consulate. 4 Beyond this, some facilities charge as much as $450 to facilitate shore leave, contrary to section 811 of the 2010 USCG Authorization Act. 5 To be fair, Coast Guard efforts to ensure facility security plans provide adequate procedures for seafarer shore access have had their intended effect. By all accounts, terminal restrictions have been greatly reduced since 2009. Even so, according to the Seamen's Church Institute, the vast major- ity of recorded shore leave denials stemmed from seafarers lacking visas. 6 However, the visa problem could easily be solved. Follow- ing the 9/11 attacks the International Labor Organization (ILO) adopted a Seafarers' Identity Documents Convention, commonly known as ILO-185. For various reasons, however, the U.S. has not ratifed ILO-185 and remains one of the few countries in the world that still require seafarers to obtain a visa as a precondition for shore leave. Far-reaching Implications The Maritime Labor Code (MLC) 2006 came into effect on August 20, 2013, and provides comprehensive rights and protection at work for the world's 1.2 million seafarers. This new labor standard consolidates and updates more than 68 international labor standards related to the maritime sec- tor adopted during the past 80 years. All of that said, the U.S. has not ratifed the code and it's unknown if or when it will do so in the foreseeable future. For the relatively few U.S.-fagged vessels that still move cargo in the international trades, the American stance on the new MLC Code is problematic at best. The Coast Guard has issued documentation to help ships demon- strate compliance when entering a foreign port. With that part potentially solved, the issue of whether the U.S. treats all seafarers in a fair and impartial manner remains. And, continuing the relatively harsh U.S. shore leave policies imposed on foreign seamen is likely to impact the treatment of U.S. fag interests abroad, when MLC enforcement ramps up. How that plays out is any- one's guess. Safety For seafarers already reeling under the weight of regulatory burdens and the fear of criminalization and long engage- ments without relief, denied shore leave may be the prover- bial last straw. In an era of historically low charter rates, the increased training costs borne by ship owners may not be immediately felt by the charterer or its ultimate customers, but they will be felt when poorly trained or under-qualifed mariners take the place of those who, faced with a declining quality of life aboard, decide to pack it in. Today's merchant vessel comes complete with dynamic positioning, dual fuel technology, LNG bunkering, ECDIS and electronic navigation, environmental control areas, and myriad advances that have forever changed the seafarer's job. To think that seafarers can be easily replaced in this climate is foolhardy and dangerous. Poorly trained or inex- perienced mariners may eventually make mistakes, and, on the water, this can prove costly or even fatal. As far as owner/operator costs are concerned, an unsafe ship, manned by inexperienced mariners can lead to more frequent protection and indemnity claims and eventually higher insurance premiums. Such a vessel may also end up on port state watch lists, which results in more frequent and typically more stringent inspections. For a ship owner already struggling fnancially, this can be a death spiral. Looking Ahead Defning the threat will help solve the problem. The Coast Guard and Customs and Border Patrol both agree that the number of absconders and deserters who have left foreign registered ships in any given year is staggeringly low (about 50 in 2009), considering the millions of mariners who touch our shores annually. 7 With that said, one deserter, who could impact national security, is one too many. However, there are better ways to approach the issue than the draconian, U.S. Coast Guard Petty Offcer Brian Hennessy (foreground) inspects passports on a cargo ship. U.S. Coast Guard photo by Petty Offcer Mike Lutz. Spring2014_FINAL.indd 33 3/21/14 11:14 AM