46 U.S.C. § 70303 — Security standards at foreign ports

Page 593 TITLE 46—SHIPPING § 70303 AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283, § 8314(2)(A), sub- stituted ‘‘public safety personnel—’’ for ‘‘law enforce- ment personnel—’’ in introductory provisions. Subsec. (b). Pub. L. 116–283, § 8314(2)(B), substituted ‘‘public safety personnel’’ for ‘‘law enforcement per- sonnel’’ wherever appearing. Subsec. (d). Pub. L. 116–283, § 8314(2)(C), added subsec. (d). 2010—Pub. L. 111–330 amended Pub. L. 111–281, § 828(a), which enacted this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(16) is ef- fective with the enactment of Pub. L. 111–281. CHAPTER 703—MARITIME SECURITY Sec. 70301. Definitions. 70302. International measures for seaport and vessel security. 70303. Security standards at foreign ports. 70304. Travel advisories on security at foreign ports. 70305. Suspension of passenger services. 70306. Report on terrorist threats. § 70301. Definitions In this chapter: (1) COMMON CARRIER.—The term ‘‘common carrier’’ has the meaning given that term in section 40102 of this title. (2) PASSENGER VESSEL.—The term ‘‘pas- senger vessel’’ has the meaning given that term in section 2101 of this title. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1683.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70301 .......... 46 App.:1807. Pub. L. 99–399, title IX, § 911, Aug. 27, 1986, 100 Stat. 892. In paragraph (2), the term ‘‘vessel of the United States’’ is omitted because the definition of that term in 46 U.S.C. 2101 is being moved to chapter 1 of the re- vised title and will apply generally throughout the title. In paragraph (3), the definition of ‘‘Secretary’’ is new. The functions of the Secretary of Transportation under this chapter were carried out by the Coast Guard, and its functions have been transferred to the Department of Homeland Security (except when operating as a serv- ice in the Navy) by section 888 of the Homeland Secu- rity Act of 2002 (Pub. L. 107–296, 116 Stat. 2249). § 70302. International measures for seaport and vessel security Congress encourages the President to continue to seek agreement on international seaport and vessel security through the International Mari- time Organization. In developing an agreement, each member country of the International Mari- time Organization should consult with appro- priate private sector interests in that country. The agreement would establish seaport and ves- sel security measures and could include— (1) seaport screening of cargo and baggage similar to that done at airports; (2) security measures to restrict access to cargo, vessels, and dockside property to au- thorized personnel only; (3) additional security on board vessels; (4) licensing or certification of compliance with appropriate security standards; and (5) other appropriate measures to prevent unlawful acts against passengers and crews on vessels. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1683.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70302 .......... 46 App.:1801. Pub. L. 99–399, title IX, § 902, Aug. 27, 1986, 100 Stat. 889. The word ‘‘vessel’’ is substituted for ‘‘shipboard’’ for consistency in the revised title. The words ‘‘and com- mends him on his efforts to date’’ are omitted as un- necessary. § 70303. Security standards at foreign ports (a) GENERAL REQUIREMENTS.—The Secretary shall develop and implement a plan to assess the effectiveness of the security measures main- tained at foreign ports that the Secretary, in consultation with the Secretary of State, deter- mines pose a high risk of acts of terrorism against passenger vessels. In carrying out this subsection, the Secretary shall consult with the Secretary of State about the terrorist threat that exists in each country and poses a high risk of acts of terrorism against passenger vessels. (b) NOTICE AND RECOMMENDATIONS TO OTHER COUNTRIES.—If the Secretary, after imple- menting the plan under subsection (a), deter- mines that a port does not maintain and admin- ister effective security measures, the Secretary of State (after being informed by the Secretary) shall— (1) notify the appropriate government au- thorities of the country in which the port is located of the determination; and (2) recommend steps necessary to bring the security measures at that port up to the standard used by the Secretary in making the assessment under subsection (a). (c) ANTITERRORISM ASSISTANCE.—The Presi- dent is encouraged to provide antiterrorism as- sistance related to maritime security under chapter 8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) to foreign countries, especially for a port that the Sec- retary determines under subsection (b) does not maintain and administer effective security measures. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70303 .......... 46 App.:1803. Pub. L. 99–399, title IX, § 907(a), (b), (d), (e), Aug. 27, 1986, 100 Stat. 891. Page 594 TITLE 46—SHIPPING § 70304 Editorial Notes REFERENCES IN TEXT The Foreign Assistance Act of 1961, referred to in sub- sec. (c), is Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424. Chapter 8 of part II of the Act is classified generally to part VIII (§ 2349aa et seq.) of subchapter II of chapter 32 of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of Title 22 and Tables. § 70304. Travel advisories on security at foreign ports (a) GENERAL REQUIREMENTS.—On being noti- fied by the Secretary that the Secretary has de- termined that a condition exists that threatens the safety or security of passengers, passenger vessels, or crew traveling to or from a foreign port that the Secretary has determined under section 70303(b) of this title does not maintain and administer effective security measures, the Secretary of State immediately shall issue a travel advisory for that port. The Secretary of State shall take the necessary steps to widely publicize the travel advisory. (b) LIFTING ADVISORIES.—A travel advisory issued under subsection (a) may be lifted only if the Secretary, in consultation with the Sec- retary of State, has determined that effective security measures are maintained and adminis- tered at the port. (c) NOTICE TO CONGRESS.—The Secretary of State shall notify Congress immediately of any change in the status of a travel advisory issued under this section. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70304 .......... 46 App.:1804. Pub. L. 99–399, title IX, § 908, Aug. 27, 1986, 100 Stat. 891; Pub. L. 105–277, div. G, title XXII, § 2224(b), Oct. 21, 1998, 112 Stat. 2681–819. In subsection (b), the words ‘‘with respect to which the Secretary of Transportation had made the deter- mination described in section 1803(d) of this Appendix’’ are omitted as unnecessary. § 70305. Suspension of passenger services (a) GENERAL AUTHORITY.—Whenever the Presi- dent determines that a foreign nation permits the use of territory under its jurisdiction as a base of operations or training for, or as a sanc- tuary for, or in any way arms, aids, or abets, a terrorist or terrorist group that knowingly uses the illegal seizure of passenger vessels or the threat thereof as an instrument of policy, the President may suspend the right of any pas- senger vessel common carrier to operate to or from, and the right of any passenger vessel of the United States to use, a port in that foreign nation for passenger service. The suspension may be without notice or hearing and for as long as the President determines is necessary to en- sure the security of passenger vessels against unlawful seizure. (b) PROHIBITION.—A passenger vessel common carrier, or a passenger vessel of the United States, may not operate in violation of a suspen- sion under this section. (c) PENALTIES.— (1) DENIAL OF ENTRY.—If a person operates a vessel in violation of this section, the Sec- retary may deny the vessels of that person entry to ports of the United States. (2) CIVIL PENALTY.—A person violating this section is liable to the United States Govern- ment for a civil penalty of not more than $50,000. Each day a vessel uses a prohibited port is a separate violation. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1684.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70305 .......... 46 App.:1805. Pub. L. 99–399, title IX, § 909, Aug. 27, 1986, 100 Stat. 892. § 70306. Report on terrorist threats (a) CONTENT.—The Secretary shall submit an annual report to Congress on the threat from acts of terrorism to United States ports and ves- sels operating from those ports. The Secretary shall include a description of activities under- taken under title I of the Maritime Transpor- tation Security Act of 2002 (Public Law 107–295, 116 Stat. 2066) and an analysis of the effect of those activities on port security against acts of terrorism. (b) SUBMISSION.—The report shall be submitted to the Committee on International Relations and the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Trans- portation of the Senate. Any classified informa- tion in the report shall be submitted separately as an addendum. (Pub. L. 109–304, § 10(2), Oct. 6, 2006, 120 Stat. 1685; Pub. L. 109–241, title IX, § 901(q), July 11, 2006, 120 Stat. 566; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(5), (b), Jan. 28, 2008, 122 Stat. 601.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 70306(a) ...... 46 App.:1802. Pub. L. 99–399, title IX, §§ 905, 913, Aug. 27, 1986, 100 Stat. 890, 892; Pub. L. 107–295, title I, § 110(a), title IV, § 408(c)(3), Nov. 25, 2002, 116 Stat. 2091, 2117. 70306(b) ...... 46 App.:1809. In subsection (a), the words ‘‘February 28 of each year’’ are substituted for ‘‘February 28, 1987, and annu- ally thereafter’’ in 46 App. U.S.C. 1802 to eliminate ob- solete language. The words ‘‘Beginning with the first report submitted under this section after the date of enactment of the Maritime Transportation Security Act of 2002’’ are omitted as obsolete. In subsection (b), the words ‘‘To the extent prac- ticable, the reports required under sections 903, 905, and 907 [46 App. U.S.C. 1801 note, 1802, 1803] shall be consoli- dated into a single document before being submitted to the Congress’’ in 46 App. U.S.C. 1809(a) are omitted as unnecessary and obsolete because sections 903 and 907 are being omitted from the revised title and repealed as obsolete. The words ‘‘Committee on International Rela-