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Vessels Prohibited from Transferring Cargo in U.S.

Thursday, February 08, 2018
Sandler, Travis & Rosenberg Trade Report

The Coast Guard has posted to its website a list of vessels that are generally prohibited from entering the navigable waters of the U.S. or transferring cargo in the U.S. under a law designed to tighten sanctions against North Korea and those countries that support it.

The Countering America’s Adversaries Through Sanctions Act amended the Ports and Waterways Safety Act to require the Coast Guard to maintain timely information on the registrations of all foreign vessels over 300 gross tons that are known to be owned and operated by or on behalf of the following.

- the government of North Korea or a North Korean person

- any country identified by the president as a country that has not complied with the applicable United Nations Security Council resolutions (affecting North Korea)

- any country in which a sea port is located, the operator of which the president has identified in his most recent report on countries and ports that knowingly do any of the following: (a) significantly fail to implement or enforce regulations to inspect ships, aircraft, cargo, or conveyances in transit to or from North Korea, as required by applicable UNSC resolutions; (b)

facilitate the transfer, transshipment, or conveyance of significant types or quantities of cargo, vessels, or aircraft owned or controlled by persons designated under applicable UNSC resolutions; or (c) facilitate any of the activities described in section 104(a) of the North Korea Sanctions and Policy Enhancement Act of 2016.

The Coast Guard is required to publish and periodically update a list of such vessels. Upon receiving an advance notice of arrival from a vessel on this list the Coast Guard will notify the vessel master that the vessel may not enter or operate in the navigable waters of the U.S. or transfer cargo in any port or place under U.S. jurisdiction unless otherwise allowed by law.

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