Douglas B. Stevenson, Director, Center for Seafarers' Rights, The Seamen's Church Institute of New York & New Jersey

Docket USCG-2007-28648 This responds to the U.S. Coast Guard's request for comments on proposed rulemaking on Crewmember Identification Documents contained in the May 14, 2008 Federal Register at 73 FR 27778-27783. The Seamen's Church Institute of New York & New Jersey is grateful for the opportunity to comment on the proposed rulemaking. Summary: Positively ascertaining merchant vessel crewmembers' identity is an essential element of protecting seafarers, enhancing maritime security, facilitating crewmembers' shore leave, and recognizing merchant mariners as valued professionals. The international standards for seafarer identification documents (SIDs) established in the Seafarers' Identity Documents Convention (Revised), 2003 (ILO 185) provide the best system for ascertaining merchant vessel crewmembers' identification worldwide. The worldwide benefits to seafarers' and maritime industry's security could be realized if the United States ratified ILO-185. There are few incentives for foreign governments to implement an expensive ILO-185 SID system for their merchant mariners if the United States does not fully accord them all of the benefits of possessing a SID, particularly relief from having to obtain costly crewmember visas for shore leave in the various countries they visit. While we continue to urge the United States to ratify and implement ILO-185, we appreciate that the proposed regulations, by accepting SIDs as crewmember identity documents, offers a step toward full recognition of ILO-185 by the United States. Because seamen's books issued by foreign governments under Seafarers' Identity Document Convention, 1958 (ILO-108) are travel documents that are accepted in place of passports, we recommend their inclusion in the list of acceptable crewmembers' identification. Most foreign seafarers will likely use their passports or seamen's books as identity documents. Because these documents are controlled by the ship's master while seafarers on the vessel, and because vessel operators should be encouraged to ascertain the identity of their crews, we believe that the section 160.320 sanctions should apply only to operators and not to the crewmembers. Comments: In response to the September 11, 2001 attacks, the United States proposed several maritime security measures to the International Maritime Organization at its November 2001 Assembly meeting. One of the crucial elements for improving maritime security was to ensure that seafarers have documents enabling their “positive and verifiable identification”. This issue was referred to the ILO for consideration. On 19 June 2003, the ILO adopted in the Seafarers' Identity Documents Convention (Revised), 2003 (ILO 185). The Convention came into force on 9 February 2005 following ratifications by France, Jordan and Nigeria. The Convention has attracted few ratifications, and none by a major source of merchant mariners. ILO-185 is designed to strengthen maritime security from terrorism and, at the same time, facilitate international commerce by protecting seafarers’ rights and well-being. The Convention enhances maritime security by setting international standards for a seafarer identification documents (SID) that provide reliable, positively verifiable and internationally acceptable identification. ILO-185 codifies mariners’ rights to shore leave and requires Member countries to accept SIDs in place of visas for the purposes of shore leave. Member countries must maintain electronic databases of SIDs that are accessible by authorities from all ILO Member countries. The Convention provides a mechanism for keeping up with technological developments. The current standard is a biometric template based on a fingerprint. The crucial maritime security intent of ILO-185 will be realized only if the Convention becomes widely ratified and implemented. Ratification and implementation of ILO-185 by maritime nations depends upon the United States taking the lead in ratifying and implementing it. An obstacle to the United States ratification is the Convention’s requirement that SIDs be accepted as substitutes for visas for the purposes of shore leave. Maritime nations have little incentive to set up a SID system and mariners will have little incentive to obtain SIDs if the United States requires crewmember D-1/2 visas in addition to SIDs. The Department of Homeland Security could remove the crewmember visa obstacle by promulgating regulations, authorized by INA 212 (d)(4) and (5), that would waive visas for crewmembers possessing SIDs. In the alternative, Congress could enact specific legislation authorizing waiving visas for crewmembers possessing valid SIDs. The combination of the ILO-185 SID and existing security measures, including pre-arrival vetting, port of entry immigration interviews and USVisit Program verifications would provide a sufficiently high level of security. Crewmembers without SIDs would have to obtain a visa to apply for shore leave in the United States. SIDs offer the best possible compromise between legitimate port security requirements and the need for crews to attend to their physical, emotional, and spiritual needs on shore leave – provided that the Convention is broadly ratified and implemented. Although the NPRM does not fully implement the requirements of ILO-185 that would enable the United States to ratify it, it does provide a partial recognition of the Convention by accepting SIDs as valid identification documents. We are hopeful that the United States that will continue to move towards ratifying and fully implementing ILO-185. We agree with the Coast Guard's view that most foreign seafarers will use their passports as identification documents. The Seafarers' Identity Document Convention, 1958 (ILO-108) provides that seamen's books issued under the Convention are travel documents. Even though the United States has not ratified ILO-108, CBP accepts ILO-108 seamen's books in place of passports. While the definition of "passport" in section 160.310 would include ILO-108 seamen's books, we believe that it would be helpful to specifically include ILO-108 seamen's books in the list of acceptable identification. As recognized in section 160.315, vessel operators have an obligation to ensure that their crewmembers have acceptable identification when the vessel is in United States waters. Additionally, the ship's master holds crewmembers' passports and seamen's books under his control. For those reasons and to encourage ship operators to ascertain the identity of their crews, the section 160.320 sanctions should apply only to operators and not to the crewmembers. Sincerely, Douglas B. Stevenson Director, Center for Seafarers' Rights The Seamen's Church Institute of New York & New Jersey 241 Water Street New York, NY 10038 USA TEL +1 212 349 9090 Mobile: +1 917 975 1069 FAX +1 212 349 8342 csr@seamenschurch.org dstevenson@seamenschurch.org www.seamenschurch.org