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Friday, 03 February 17
US - EXECUTIVE ORDER ON IMMIGRATION AFFECTS VESSEL CREWS - GARD
 From 27 January 2017, crew members carrying Iraqi, Syrian, Sudanese, Iranian, Somalian, Libyan or Yemeni passports are temporarily barred from entering the United States.
On 27 January 2017 President Trump signed an Executive Order entitled “Protecting The Nation From Foreign Terrorist Entry InTo The United States”.
According to a fact sheet published by the US Department of Homeland Security, the Order imposes a 90-day suspension on the entry into the US of individuals traveling on passports from Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen.
The temporary suspension period took effect on the date of the Order and its purpose is to “allow for the proper review and establishment of standards to prevent the terrorist or criminal infiltration by foreign nationals”.
The Order in its entirety is available on the White House website and although its implementation is not fully understood at this point, it will have an impact on vessels calling the US.
The following should be noted:
The designated countries referred to in the Order are: Iraq, Syria, Sudan, Iran, Somalia, Libya, and Yemen.
Shipowners and operators should expect crew members carrying passports of one of the designated countries to be denied shore leave while the vessel remains in a US port.
As far as we understand, vessels with crew members from one of the designated countries will not be denied entry to US ports. It is, however, likely that the vessel will be ordered to post hired security guards at the vessel’s gangway while at berth to ensure that such crew members do not leave the vessel.
If an emergency, medical or other, necessitates a crew replacement in the US and involves a person from one of the seven designated countries, section 3(g) of the Order may serve as a basis for seeking an exemption: “the Secretaries of State and Homeland Security may, on a case-by-case basis, and when in the national interest, issue visas or other immigration benefits to nationals of countries for which visas and benefits are otherwise blocked”.
Recommendations
Members and clients with vessels calling at US ports are advised to take note of the above and avoid crew changes in the US during the 90-day suspension period for persons carrying the passport of any of the seven designated countries.
In order to avoid undue risk of delay and incurring additional costs for security measures imposed by US port officials, Members and clients should also consider if any changes to existing crew rotation schedules are needed to ensure compliance with the latest US requirements during the temporary suspension period.
A Gard Member has already encountered problems in a US port as a consequence of the new Executive Order. When the vessel with a crew member from one of the designated countries entered the US port on 26 January 2017, there were no problems with US customs or port state control. However, on 29 January 2017, customs officers returned and appointed two armed security guards to control the vessel’s gangway. In addition, they insisted on visiting the vessel twice a day to “check on the crew”. Reportedly, the Member will be charged USD 75 per guard per hour for the duration of the vessel’s stay.
Members should be advised that any such additional costs in these circumstances are of an operational nature and are not covered by the Member’s P&I insurance.
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- Vijayanagar Sugar Pvt Ltd - India
- Sinarmas Energy and Mining - Indonesia
- Bayan Resources Tbk. - Indonesia
- Sical Logistics Limited - India
- Semirara Mining and Power Corporation, Philippines
- Planning Commission, India
- GVK Power & Infra Limited - India
- Bhushan Steel Limited - India
- Essar Steel Hazira Ltd - India
- Agrawal Coal Company - India
- Eastern Energy - Thailand
- Barasentosa Lestari - Indonesia
- Borneo Indobara - Indonesia
- Marubeni Corporation - India
- Sojitz Corporation - Japan
- Siam City Cement - Thailand
- AsiaOL BioFuels Corp., Philippines
- Chamber of Mines of South Africa
- Metalloyd Limited - United Kingdom
- London Commodity Brokers - England
- Rio Tinto Coal - Australia
- Parry Sugars Refinery, India
- Therma Luzon, Inc, Philippines
- Merrill Lynch Commodities Europe
- Africa Commodities Group - South Africa
- Kobexindo Tractors - Indoneisa
- Anglo American - United Kingdom
- India Bulls Power Limited - India
- Maharashtra Electricity Regulatory Commission - India
- Alfred C Toepfer International GmbH - Germany
- Ministry of Mines - Canada
- Energy Link Ltd, New Zealand
- Karbindo Abesyapradhi - Indoneisa
- Wood Mackenzie - Singapore
- Meenaskhi Energy Private Limited - India
- Gujarat Mineral Development Corp Ltd - India
- Aditya Birla Group - India
- Asmin Koalindo Tuhup - Indonesia
- Thiess Contractors Indonesia
- Larsen & Toubro Limited - India
- Grasim Industreis Ltd - India
- Billiton Holdings Pty Ltd - Australia
- Maheswari Brothers Coal Limited - India
- The University of Queensland
- GN Power Mariveles Coal Plant, Philippines
- Cigading International Bulk Terminal - Indonesia
- Intertek Mineral Services - Indonesia
- San Jose City I Power Corp, Philippines
- Salva Resources Pvt Ltd - India
- Electricity Generating Authority of Thailand
- Gujarat Sidhee Cement - India
- Edison Trading Spa - Italy
- Parliament of New Zealand
- Neyveli Lignite Corporation Ltd, - India
- LBH Netherlands Bv - Netherlands
- SN Aboitiz Power Inc, Philippines
- TNB Fuel Sdn Bhd - Malaysia
- Bhatia International Limited - India
- Orica Mining Services - Indonesia
- Heidelberg Cement - Germany
- Gujarat Electricity Regulatory Commission - India
- Minerals Council of Australia
- The State Trading Corporation of India Ltd
- IHS Mccloskey Coal Group - USA
- New Zealand Coal & Carbon
- International Coal Ventures Pvt Ltd - India
- Baramulti Group, Indonesia
- Videocon Industries ltd - India
- Jindal Steel & Power Ltd - India
- PNOC Exploration Corporation - Philippines
- Karaikal Port Pvt Ltd - India
- Wilmar Investment Holdings
- GAC Shipping (India) Pvt Ltd
- Pendopo Energi Batubara - Indonesia
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Pipit Mutiara Jaya. PT, Indonesia
- VISA Power Limited - India
- Indian Energy Exchange, India
- Antam Resourcindo - Indonesia
- Power Finance Corporation Ltd., India
- Mintek Dendrill Indonesia
- Ministry of Finance - Indonesia
- Dalmia Cement Bharat India
- Commonwealth Bank - Australia
- Riau Bara Harum - Indonesia
- OPG Power Generation Pvt Ltd - India
- Ceylon Electricity Board - Sri Lanka
- Meralco Power Generation, Philippines
- Banpu Public Company Limited - Thailand
- Binh Thuan Hamico - Vietnam
- Independent Power Producers Association of India
- Ind-Barath Power Infra Limited - India
- Sarangani Energy Corporation, Philippines
- Kohat Cement Company Ltd. - Pakistan
- PowerSource Philippines DevCo
- Cement Manufacturers Association - India
- Indo Tambangraya Megah - Indonesia
- Vedanta Resources Plc - India
- Australian Coal Association
- MS Steel International - UAE
- Xindia Steels Limited - India
- Price Waterhouse Coopers - Russia
- TeaM Sual Corporation - Philippines
- Straits Asia Resources Limited - Singapore
- Global Green Power PLC Corporation, Philippines
- Sakthi Sugars Limited - India
- Ministry of Transport, Egypt
- Iligan Light & Power Inc, Philippines
- Energy Development Corp, Philippines
- Altura Mining Limited, Indonesia
- Kapuas Tunggal Persada - Indonesia
- Latin American Coal - Colombia
- Tamil Nadu electricity Board
- Georgia Ports Authority, United States
- Bukit Asam (Persero) Tbk - Indonesia
- Bank of Tokyo Mitsubishi UFJ Ltd
- Standard Chartered Bank - UAE
- Directorate General of MIneral and Coal - Indonesia
- Economic Council, Georgia
- SMG Consultants - Indonesia
- Lanco Infratech Ltd - India
- Orica Australia Pty. Ltd.
- CNBM International Corporation - China
- Kideco Jaya Agung - Indonesia
- Bhoruka Overseas - Indonesia
- Toyota Tsusho Corporation, Japan
- White Energy Company Limited
- Global Coal Blending Company Limited - Australia
- Rashtriya Ispat Nigam Limited - India
- Posco Energy - South Korea
- Interocean Group of Companies - India
- Krishnapatnam Port Company Ltd. - India
- Samtan Co., Ltd - South Korea
- PetroVietnam Power Coal Import and Supply Company
- Bharathi Cement Corporation - India
- Indogreen Group - Indonesia
- Thai Mozambique Logistica
- Star Paper Mills Limited - India
- PTC India Limited - India
- Savvy Resources Ltd - HongKong
- Coastal Gujarat Power Limited - India
- Bahari Cakrawala Sebuku - Indonesia
- Aboitiz Power Corporation - Philippines
- Indika Energy - Indonesia
- Carbofer General Trading SA - India
- Coal and Oil Company - UAE
- Romanian Commodities Exchange
- Trasteel International SA, Italy
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- European Bulk Services B.V. - Netherlands
- Attock Cement Pakistan Limited
- Kumho Petrochemical, South Korea
- Deloitte Consulting - India
- Offshore Bulk Terminal Pte Ltd, Singapore
- The Treasury - Australian Government
- South Luzon Thermal Energy Corporation
- Mercator Lines Limited - India
- Kartika Selabumi Mining - Indonesia
- Bangladesh Power Developement Board
- Makarim & Taira - Indonesia
- Formosa Plastics Group - Taiwan
- Indonesian Coal Mining Association
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Electricity Authority, New Zealand
- Chettinad Cement Corporation Ltd - India
- Kalimantan Lumbung Energi - Indonesia
- Central Electricity Authority - India
- Kaltim Prima Coal - Indonesia
- Petron Corporation, Philippines
- Oldendorff Carriers - Singapore
- Leighton Contractors Pty Ltd - Australia
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Vizag Seaport Private Limited - India
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Tata Chemicals Ltd - India
- CIMB Investment Bank - Malaysia
- Indian Oil Corporation Limited
- Singapore Mercantile Exchange
- IEA Clean Coal Centre - UK
- Manunggal Multi Energi - Indonesia
- Ambuja Cements Ltd - India
- Mercuria Energy - Indonesia
- Jaiprakash Power Ventures ltd
- Global Business Power Corporation, Philippines
- Madhucon Powers Ltd - India
- Globalindo Alam Lestari - Indonesia
- Bulk Trading Sa - Switzerland
- Sree Jayajothi Cements Limited - India
- Holcim Trading Pte Ltd - Singapore
- Semirara Mining Corp, Philippines
- Sindya Power Generating Company Private Ltd
- Port Waratah Coal Services - Australia
- Bukit Baiduri Energy - Indonesia
- Medco Energi Mining Internasional
- McConnell Dowell - Australia
- Simpson Spence & Young - Indonesia
- Jorong Barutama Greston.PT - Indonesia
- ASAPP Information Group - India
- Goldman Sachs - Singapore
- Renaissance Capital - South Africa
- Central Java Power - Indonesia
- Siam City Cement PLC, Thailand
- Kepco SPC Power Corporation, Philippines
- Bukit Makmur.PT - Indonesia
- Australian Commodity Traders Exchange
- GMR Energy Limited - India
- Uttam Galva Steels Limited - India
- Timah Investasi Mineral - Indoneisa
- Eastern Coal Council - USA
- Coalindo Energy - Indonesia
- Directorate Of Revenue Intelligence - India
- Malabar Cements Ltd - India
- Mjunction Services Limited - India
- SMC Global Power, Philippines
- Petrochimia International Co. Ltd.- Taiwan
- ICICI Bank Limited - India
- Miang Besar Coal Terminal - Indonesia
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