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Cargo Ships Stopping in Libya May be Denied Entry

Friday, April 10, 2015
Sandler, Travis & Rosenberg Trade Report

Effective April 24, the Coast Guard is imposing certain conditions of entry on all vessels that visited any port in Libya in their last five port calls. Any vessel that does not meet these conditions may be denied entry into the U.S. The Coast Guard is imposing these conditions because it has determined that ports in Libya are not maintaining effective anti-terrorism measures and that Libya’s legal regime, designated authority oversight, access control and cargo control are all deficient.

Under the conditions of entry, affected vessels must:

- implement measures per the ship’s security plan equivalent to security level 2 while in port in Libya;

- ensure that each access point to the ship is guarded and that the guards have total visibility of the exterior (both landside and waterside) of the vessel while it is in port in Libya;

- attempt to execute a declaration of security while in port in Libya;

- log all security actions in the ship’s security records; and

- report actions taken to the cognizant Coast Guard captain of the port prior to arrival into U.S. waters.

In addition, based on the findings of the Coast Guard boarding or examination, vessels may be required to ensure that each access point to the ship is guarded by armed private security guards who have total visibility of the exterior (both landside and waterside) of the vessel while in U.S. ports.

The current list of countries not maintaining effective anti-terrorism measures and therefore subject to conditions of entry is as follows: Cambodia, Cameroon, Comoros, Cote d’Ivoire, Cuba, Equatorial Guinea, Guinea-Bissau, Iran, Liberia, Libya, Madagascar, Nigeria, Sao Tome and Principe, Syria, Timor-Leste, Venezuela and Yemen.

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