Transcript World map - Tulane University Law School

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Mona Ehrenreich, Senior Vice President and General Counsel, Holland America Group
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Bud Darr, Senior Vice President of Technical and Regulatory Affairs, Cruise Lines
International Association (CLIA)
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Jeffrey Maltzman, Principal Partner, Maltzman & Partners
Cruise Ships I: Regulation & Compliance
“How we are Regulated”
March 11, 2015
Bud Darr
Senior VP of Technical & Regulatory Affairs
Cruise Lines International Association
How Many Passengers We Carry
CLIA Global Ocean Cruise Passengers
(millions)
2009 2010
2011
2012
2013
2014p
2015p
17.8M
20.5M
20.9M
21.3M
22.1M
23.0M
19.1M
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How we are Regulated
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How we are Regulated
International
Regional
National
Sub-national
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Maritime Regulatory Enforcement
Flag States
Classification
Societies
Coastal &
Port States
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IMO Organization
Assembly
• Agenda
• Approvals
Council
• Budget
• Direction
Committees
• Substantive Policy
and Standard
Development
Subcommittees
• Detailed Technical
Work
Internationally, the cruise industry’s approx 250 vessels are often folded into
the broader shipping industry of approx. 50,000 vessels
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IMO Committees
• Maritime Safety
• Marine Environment Protection
• Legal
• Facilitation
• Technical Cooperation
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Relevant IMO Subcommittees
• Ship Design and Construction
• Ship Systems and Equipment
• Human Element Training and Watch keeping
• Navigation, Communications, Search and Rescue
• Implementation of IMO Instruments
• Pollution Prevention and Response
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IMO Membership
• 170 Member States
• 3 Associate Member States
• 63 Intergovernmental Organizations
• 77 Non-Governmental Organizations
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CLIA as a Non-Governmental
Organization
• Consultative Status - ICCL / CLIA
• Since 1993
• Meeting Participation, Position Papers Expert
“advice”, Points of View, and Advising
Governments and Other Delegations
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IMO Standards
• CONVENTIONS - INTERNATIONAL LAW
• CODES
• RESOLUTIONS
• GUIDELINES
• INTERPRETATIONS
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Major IMO Conventions
• SOLAS: Safety of Life at Sea(1974)
• MARPOL and SIX ANNEXES: Prevention of
Pollution from Ships (73/78)
• STCW: Standards for Training Certification and
Watch keeping (95)
• LLC: Load Lines Convention (66/88)
• FAL: Facilitation
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International Labour Organization
• Operates in tri-partite manner, Governments 50% of
vote, Labor 25%, ship owners 25%
• Ship owners represented by ICS, Labor by ITF
• Consolidated Maritime Labour Convention of 2006
• Invokes port state control, therefore enforceable
worldwide.
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U.S. Regulatory Framework
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Thank you
[email protected]
Mona Ehrenreich, Senior Vice President and General Counsel,
Holland America Group
LOTS of regulations apply to the Cruise Industry
LOTS of enforcement
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Cabotage Regulations
– routing requirements and prohibitions for passengers and merchandise
– enforced by US Customs and Border Protection
Disability Regulations
– parts of ADA have application
– DOT regulations / US Access Board
– waiting for final rules
– enforced by DOJ
Financial Responsibility Regulations
– shipowners must establish that they have the financial resources to meet liabilities
for death or personal injury
– shipowner must establish they have resources to respond in case of nonperformance
– enforced by the Federal Maritime Commission
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Health Regulations
– reporting requirements
– CDC, Vessel Sanitation Program
– Agricultural food rules
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Security Regulations
– terrorism related
– personal security
– addressing security incidents
– reporting
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Liquor Regulations
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Gambling Regulations
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International Conventions
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US Laws
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US Case Law
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ILO convention regarding working and living conditions
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MLC 2006 is considered the 4th pillar in international maritime regulation
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SOLAS (1914)
MARPOL (1954)
STCW (1978)
Updating and consolidating existing ILO conventions regarding seafarers’ working and
living conditions
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Uniformity – each ratifying member undertakes to give complete effect
to its provisions
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Prevent poor working and living conditions being/becoming a financial
advantage in shipping
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Ensure that workers at sea are not disadvantaged in comparison to
shoreside workers
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Uniformity – each ratifying member undertakes to give complete effect
to its provisions
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Prevent poor working and living conditions being/becoming a financial
advantage in shipping
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Ensure that workers at sea are not disadvantaged in comparison to
shoreside workers
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Internationally August 20, 2013
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Issues for shipowners in states which have not ratified
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US has not ratified
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Articles – Legal provisions and definitions
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Titles – Seafarer welfare topics
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Regulations – Broad commitments and prohibitions
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Code – Details to implement Regulations
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Part A – mandatory standards
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Part B – non-mandatory guidelines
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Almost everyone on board except certain agreed jobs
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Flag interpretation is controlling
Title 1 Minimum requirements for seafarers to work
on a ship
Title 2 Conditions of employment
Title 3 Accommodation, recreational facilities, food and
catering
Title 4 Health protection, medical care, welfare and
social security protection
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Flag-state responsibilities
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Enact enabling legislation
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Establish system for inspection and certification
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Maritime Labour Certificate and Declaration of Maritime Labour
Compliance
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Inspection and enforcement
o Inspections must occur at least every 3 years
o More frequently if complaints of serious deficiencies
o Inspector can: give advice, require deficiency to be corrected in a time
frame, detain ship in port
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Inspection in port
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Generally limited to review of Certificate and Declaration
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More detailed inspection under certain circumstances
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Master must be informed of grounds for a more detailed MLC 2006 inspection
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Authorized to detain ship under certain circumstances
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Special Tripartite Committee convened for the first time in April 2014 in
Geneva
Two Amendments Considered
– Financial Security for cases of abandonment and for personal
injury/death
Agreed in 7 joint task force meetings 2007-2009
Approved by the Governing Body
Entry into force expected in 2016