News

Criminal Liability in the United States for MARPOL Violations and United States Port State Security

31 May 2002 No.02-002

On 10th May 2002, a Maritime Seminar was held at Tokyo by our U.S. Correspondents Keesal, Young & Logan with support of this Association. The Seminar was successful and we hope it was beneficial to members especially who assign their ships to U.S. waters. Taking this opportunity, we thank members who participated in the Seminar. Amongst the several topics, we are sending herewith the summary of the two topics namely Criminal Liability in the United States for MARPOL Violations and United States Port State Security.


Since 11th September 2001, the U.S. Coast Guard has reinforced the manner of the Port State Control and Security, which has influenced the Coast Guard's inspection for compliance with MARPOL. Reportedly major cruise ship operators Carnival Cruise Lines pleaded guilty to the alleged environmental violation and agreed to pay US$18m fines and Royal Caribbian Cruise Lines paid similar fines totaling US$27m. Unfortunately, some of our members also received from U.S. Coast Guard allegation of unlawful discharge of untreated bilge by bypassing Oil-Water Separators and/or false entries of Oil Record Books and were forced to post huge amount security. Members have incurred substantial costs in arranging security, retaining lawyers, surveyors and so on and have been facing potential fines and penalty. Members are strongly recommended to remind crewmembers to comply with MARPOL regulations and Port State Control and Security regulations.


Power Point documents used in the above MARPOL Seminar are available for free. If you wish to have copy, please contact either of the following offices: