INS Crewmember Security Plan
 
What is it?
The U.S. Coast Guard (USCG) and the Immigration and Naturalization Service (INS) have entered into agreements in several U.S. ports to ensure that detained foreign crewmembers do not disembark from their vessels while in U.S. waters. Although no formal regulations have been published, both agencies have authority under existing federal regulations (Title 50 USC Section 191, and 33 CFR Part 6, and Title 33 USC Section 1226 among others) to ensure that detained crewmembers (as determined by INS) remain on board their vessels.
 
What do I need to do?
Vessels arriving in U.S. waters with a crewmember(s) that the INS determines are to be detained aboard the vessel will by ordered by the USCG Captain of the Port (COTP) to remain at least three miles offshore and requested to provide a security plan that explains how the designated crewmember will be detained aboard the vessel while it is in port. If INS approves the security plan, then the COTP will allow the vessel to proceed to berth. To reduce the risk of delay caused by an INS determination that a crewmember(s) is to be detained, vessels should obtain a pre-approved “Crewmember Security Plan”.

If the vessel fails to comply with the approved plan, the COTP may order the vessel out of the port. Prior to departure, the agent should notify INS so they can verify that the detained crewmember(s) are still aboard the vessel.
 
When are Security Guards required?
INS may require that a guard be hired by the vessel to help ensure that the detained crewmember remains on board during the vessel’s stay in port. The “Crewmember Security Plan” is required to address the minimum standards for contracted security services and contain operating procedures for contracted crewmember security services. These minimum standards include:
  • Contracted security guards may be armed or unarmed while on duty as directed by the INS.
  • Only crewmembers that are authorized to disembark may do so.
  • Security Services must be contracted before the vessel is given permission to enter port.
  • Security services must have a copy of the entire crew list with the names of those who are not allowed to go ashore highlighted. The security services must verify the identity of any subject requesting to come ashore, checking documents and physical appearance.
  • Contracted security services must be capable of communicating with the Facility Security, Local Police, Security Dispatcher, local INS, local USCG, and vessel agent. This will include proper communications equipment.
  • If unauthorized crewmembers successfully disembark the vessel, the contracted security services must immediately contact the above agencies, providing name, description, and circumstances surrounding the situation.
  • Contracted security guards must have adequate shelter.
  • Contracted security guards must be provided with periodic breaks for head calls and meals.
  • Contracted security guards must have written operating procedures and contact numbers readily available.