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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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- Oldendorff Carriers - Singapore
- Goldman Sachs - Singapore
- Anglo American - United Kingdom
- Jaiprakash Power Ventures ltd
- Central Electricity Authority - India
- Kartika Selabumi Mining - Indonesia
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- Bayan Resources Tbk. - Indonesia
- LBH Netherlands Bv - Netherlands
- VISA Power Limited - India
- Global Coal Blending Company Limited - Australia
- Truba Alam Manunggal Engineering.Tbk - Indonesia
- Electricity Generating Authority of Thailand
- Kaltim Prima Coal - Indonesia
- Chettinad Cement Corporation Ltd - India
- Bhushan Steel Limited - India
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- Sakthi Sugars Limited - India
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- Wilmar Investment Holdings
- Baramulti Group, Indonesia
- PetroVietnam Power Coal Import and Supply Company
- Bangladesh Power Developement Board
- Manunggal Multi Energi - Indonesia
- Independent Power Producers Association of India
- Leighton Contractors Pty Ltd - Australia
- GMR Energy Limited - India
- Pipit Mutiara Jaya. PT, Indonesia
- Kepco SPC Power Corporation, Philippines
- Kohat Cement Company Ltd. - Pakistan
- Bukit Baiduri Energy - Indonesia
- European Bulk Services B.V. - Netherlands
- Mintek Dendrill Indonesia
- Kideco Jaya Agung - Indonesia
- IHS Mccloskey Coal Group - USA
- Carbofer General Trading SA - India
- Karbindo Abesyapradhi - Indoneisa
- Aboitiz Power Corporation - Philippines
- GN Power Mariveles Coal Plant, Philippines
- Coal and Oil Company - UAE
- McConnell Dowell - Australia
- PTC India Limited - India
- Cigading International Bulk Terminal - Indonesia
- Ind-Barath Power Infra Limited - India
- TNB Fuel Sdn Bhd - Malaysia
- Bhoruka Overseas - Indonesia
- Commonwealth Bank - Australia
- Uttam Galva Steels Limited - India
- Energy Development Corp, Philippines
- Malabar Cements Ltd - India
- Posco Energy - South Korea
- Jorong Barutama Greston.PT - Indonesia
- Port Waratah Coal Services - Australia
- Bukit Makmur.PT - Indonesia
- SMG Consultants - Indonesia
- Dong Bac Coal Mineral Investment Coporation - Vietnam
- Australian Commodity Traders Exchange
- PNOC Exploration Corporation - Philippines
- Minerals Council of Australia
- Africa Commodities Group - South Africa
- Romanian Commodities Exchange
- CNBM International Corporation - China
- Barasentosa Lestari - Indonesia
- Energy Link Ltd, New Zealand
- Xindia Steels Limited - India
- Global Business Power Corporation, Philippines
- Makarim & Taira - Indonesia
- Bhatia International Limited - India
- Bukit Asam (Persero) Tbk - Indonesia
- The University of Queensland
- Thiess Contractors Indonesia
- Electricity Authority, New Zealand
- Renaissance Capital - South Africa
- MS Steel International - UAE
- Thai Mozambique Logistica
- Riau Bara Harum - Indonesia
- Salva Resources Pvt Ltd - India
- Meralco Power Generation, Philippines
- Larsen & Toubro Limited - India
- Filglen & Citicon Mining (HK) Ltd - Hong Kong
- Mercator Lines Limited - India
- Price Waterhouse Coopers - Russia
- San Jose City I Power Corp, Philippines
- Coalindo Energy - Indonesia
- Power Finance Corporation Ltd., India
- New Zealand Coal & Carbon
- Tamil Nadu electricity Board
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- Grasim Industreis Ltd - India
- Miang Besar Coal Terminal - Indonesia
- Semirara Mining and Power Corporation, Philippines
- Meenaskhi Energy Private Limited - India
- Antam Resourcindo - Indonesia
- Formosa Plastics Group - Taiwan
- Medco Energi Mining Internasional
- Chamber of Mines of South Africa
- Essar Steel Hazira Ltd - India
- Samtan Co., Ltd - South Korea
- Parry Sugars Refinery, India
- Georgia Ports Authority, United States
- Maheswari Brothers Coal Limited - India
- White Energy Company Limited
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- Semirara Mining Corp, Philippines
- Attock Cement Pakistan Limited
- Metalloyd Limited - United Kingdom
- London Commodity Brokers - England
- Sarangani Energy Corporation, Philippines
- Borneo Indobara - Indonesia
- Tata Chemicals Ltd - India
- India Bulls Power Limited - India
- Kalimantan Lumbung Energi - Indonesia
- Eastern Energy - Thailand
- Intertek Mineral Services - Indonesia
- Kumho Petrochemical, South Korea
- Rashtriya Ispat Nigam Limited - India
- Krishnapatnam Port Company Ltd. - India
- Toyota Tsusho Corporation, Japan
- Holcim Trading Pte Ltd - Singapore
- Neyveli Lignite Corporation Ltd, - India
- Siam City Cement PLC, Thailand
- Interocean Group of Companies - India
- Mercuria Energy - Indonesia
- Aditya Birla Group - India
- TeaM Sual Corporation - Philippines
- SN Aboitiz Power Inc, Philippines
- Maharashtra Electricity Regulatory Commission - India
- Sindya Power Generating Company Private Ltd
- Deloitte Consulting - India
- Ministry of Mines - Canada
- The State Trading Corporation of India Ltd
- Merrill Lynch Commodities Europe
- ASAPP Information Group - India
- Orica Australia Pty. Ltd.
- Wood Mackenzie - Singapore
- Bank of Tokyo Mitsubishi UFJ Ltd
- Australian Coal Association
- Kobexindo Tractors - Indoneisa
- Indian Energy Exchange, India
- AsiaOL BioFuels Corp., Philippines
- Heidelberg Cement - Germany
- Asia Pacific Energy Resources Ventures Inc, Philippines
- Asmin Koalindo Tuhup - Indonesia
- Indian Oil Corporation Limited
- Petrochimia International Co. Ltd.- Taiwan
- Orica Mining Services - Indonesia
- South Luzon Thermal Energy Corporation
- Petron Corporation, Philippines
- ICICI Bank Limited - India
- Bulk Trading Sa - Switzerland
- Savvy Resources Ltd - HongKong
- OPG Power Generation Pvt Ltd - India
- Straits Asia Resources Limited - Singapore
- Videocon Industries ltd - India
- SMC Global Power, Philippines
- CIMB Investment Bank - Malaysia
- Offshore Bulk Terminal Pte Ltd, Singapore
- Dr Ramakrishna Prasad Power Pvt Ltd - India
- Standard Chartered Bank - UAE
- Ministry of Transport, Egypt
- Agrawal Coal Company - India
- Iligan Light & Power Inc, Philippines
- IEA Clean Coal Centre - UK
- Indonesian Coal Mining Association
- Edison Trading Spa - Italy
- Mjunction Services Limited - India
- The Treasury - Australian Government
- Rio Tinto Coal - Australia
- Billiton Holdings Pty Ltd - Australia
- Gujarat Electricity Regulatory Commission - India
- Simpson Spence & Young - Indonesia
- Jindal Steel & Power Ltd - India
- Planning Commission, India
- Banpu Public Company Limited - Thailand
- Kapuas Tunggal Persada - Indonesia
- Timah Investasi Mineral - Indoneisa
- Alfred C Toepfer International GmbH - Germany
- GVK Power & Infra Limited - India
- Therma Luzon, Inc, Philippines
- International Coal Ventures Pvt Ltd - India
- Global Green Power PLC Corporation, Philippines
- Altura Mining Limited, Indonesia
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- PowerSource Philippines DevCo
- Vedanta Resources Plc - India
- Coastal Gujarat Power Limited - India
- Madhucon Powers Ltd - India
- Eastern Coal Council - USA
- Sojitz Corporation - Japan
- Ambuja Cements Ltd - India
- Sical Logistics Limited - India
- Siam City Cement - Thailand
- Indo Tambangraya Megah - Indonesia
- Indogreen Group - Indonesia
- Parliament of New Zealand
- Globalindo Alam Lestari - Indonesia
- Directorate Of Revenue Intelligence - India
- GAC Shipping (India) Pvt Ltd
- Directorate General of MIneral and Coal - Indonesia
- Dalmia Cement Bharat India
- Bahari Cakrawala Sebuku - Indonesia
- Karaikal Port Pvt Ltd - India
- Ceylon Electricity Board - Sri Lanka
- Lanco Infratech Ltd - India
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- Economic Council, Georgia
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- Central Java Power - Indonesia
- Trasteel International SA, Italy
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- Latin American Coal - Colombia
- Singapore Mercantile Exchange
- Indika Energy - Indonesia
- Star Paper Mills Limited - India
- Ministry of Finance - Indonesia
- Pendopo Energi Batubara - Indonesia
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