§70110 — Title 46 Shipping | U.S. Code

Summary

If a foreign port or terminal does not have strong antiterror rules, the Secretary of Homeland Security can make rules for ships coming from that port, refuse entry to ships that do not follow those rules, and must warn passengers publicly that the port’s security is not effective. Those actions start 90 days after the foreign government is told, unless the government fixes the problems sooner. If there is an immediate danger to people or ships, the Secretary can act right away after talking with the Secretary of State. The Secretary must tell the Secretary of State right away when a port is found to have weak antiterror measures. The restrictions stop once the port fixes its security. The Secretary must find and plan how to use help programs, working with the Secretaries of Transportation, State, and Energy, and with the Coast Guard and the Organization of American States. The plan should focus on Caribbean Basin ports because of their location, openness, and drug traffic. The Secretary can lend, lease, donate, or give equipment, training, and technical help to bring ports up to International Ship and Port Facility Code standards or fix problems found in Coast Guard assessments. Help can be provided only after a full Coast Guard assessment, based on U.S. security risk and the port’s inability to reach the standards, and only if the equipment is not needed by the Coast Guard.

Title 46, §70110

Shipping — Source: USLM XML via OLRC

(a)Unless the Secretary finds that a foreign port or facility maintains effective antiterrorism measures, the Secretary—

(1)may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or transshipped through that port or facility;

(2)may deny entry into the United States to any vessel that does not meet such conditions; and

(3)shall provide public notice for passengers of the ineffective antiterrorism measures.

(b)Any action taken by the Secretary under subsection (a) for a particular port or facility shall take effect—

(1)90 days after the government of the foreign country with jurisdiction over or control of that port or facility is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or

(2)immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port or facility.

(c)The Secretary immediately shall notify the Secretary of State of a finding that a port or facility does not maintain effective antiterrorism measures.

(d)An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port or facility.

(e)(1)The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, and the Secretary of Energy, shall identify assistance programs that could facilitate implementation of port or facility security antiterrorism measures in foreign countries and territories of the United States. The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port or facility security antiterrorism measures.

(2)The Secretary, in coordination with the Secretary of State and in consultation with the Organization of American States and the Commandant of the Coast Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port or facility security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to—

(A)the strategic location of such ports between South America and the United States;

(B)the relative openness of such ports; and

(C)the significant number of shipments of narcotics to the United States that are moved through such ports.

(f)(1)The Secretary may lend, lease, donate, or otherwise provide equipment, and provide technical training and support, to the owner or operator of a foreign port or facility—

(A)to assist in bringing the port or facility into compliance with applicable International Ship and Port Facility Code standards; and

(B)to assist the port or facility in correcting deficiencies identified in periodic port assessments and reassessments required under section 70108 of this title.

(2)The Secretary—

(A)may provide such assistance based upon an assessment of the risks to the security of the United States and the inability of the owner or operator of the port or facility to bring the port or facility into compliance with those standards and to maintain compliance with, or exceed, such standards;

(B)may not provide such assistance unless the port or facility has been subjected to a comprehensive port security assessment by the Coast Guard; and

(C)may only lend, lease, or otherwise provide equipment that the Secretary has first determined is not required by the Coast Guard for the performance of its missions.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2010—Pub. L. 111–281, § 806(c)(2)(A)(i), as amended by Pub. L. 111–330, inserted “or facilities” after “ports” in section catchline. Pub. L. 111–281, § 806(c)(2)(A)(ii), inserted “or facility” after “port” wherever appearing except in subsec. (f), which was added by Pub. L. 111–281, § 806(b), to reflect the probable intent of Congress. Subsec. (a). Pub. L. 111–281, § 806(a)(3), substituted “Unless the Secretary finds that a foreign port maintains effective antiterrorism measures,” for “If the Secretary finds that a foreign port does not maintain effective antiterrorism measures,”. Subsec. (e). Pub. L. 111–281, § 806(c)(2)(A)(iii), substituted “Ports, Facilities,” for “Ports” in heading. Subsec. (e)(1). Pub. L. 111–281, § 806(c)(1), substituted “The Secretary shall establish a strategic plan to utilize those assistance programs to assist ports and facilities that are found by the Secretary under subsection (a) not to maintain effective antiterrorism measures in the implementation of port security antiterrorism measures.” for “The Secretary shall establish a program to utilize the programs that are capable of implementing port security antiterrorism measures at ports in foreign countries and territories of the United States that the Secretary finds to lack effective antiterrorism measures.” Subsec. (f). Pub. L. 111–281, § 806(b), added subsec. (f). 2006—Pub. L. 109–347, § 233(b)(1), substituted “Actions and assistance for foreign ports and United States territories” for “Actions when foreign ports not maintaining effective antiterrorism measures” in section catchline. Subsec. (e). Pub. L. 109–347, § 233(b)(2), added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 Amendment Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(12) is effective with the enactment of Pub. L. 111–281.

§70110 Actions and assistance for foreign ports or facilities and United States territories