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U.S. Transportation Worker Identification Credential (TWIC) Implementation Issues. 7 October 2009 Intertanko NAP Houston, TX. OVERVIEW. Review of basic requirements Application process to obtain a TWIC “Acceptable” visa categories The issue
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U.S. Transportation Worker Identification Credential (TWIC) Implementation Issues 7 October 2009 Intertanko NAP Houston, TX
OVERVIEW • Review of basic requirements • Application process to obtain a TWIC • “Acceptable” visa categories • The issue • Chronology of dialog with U.S. government agencies – issue status • Impacts - comment and discussion
BASIC REQUIREMENTS – WHERE & WHAT, WHOM & WHEN? • Where & What? • Secure areas of U.S. vessels w/MTSA VSP • Secure areas of U.S. facilities w/MTSA FSP • Unescorted access to TWIC holders only at the option of the facility • Whom? • U.S. licensed/documented seafarers must have a TWIC • Anyone desiring unescorted access as above • When – fully implemented by 15 April 2009 • TWIC implementation experience to date – many facilities reluctant to provide escorts
APPLICATION PROCESS • Application – appear in person at contractor (Lockheed/Martin) run TWIC Center in U.S. port areas with appropriate “documentation” • Documentation requirements on TWIC web site: • U.S. Citizen • Non-citizen, immigrant/work status • Non-citizen, non-immigrant status – various employment authorizations or passport and visa on “Acceptable Categories” list • Relevant U.S. government agencies • U.S. Coast Guard (USCG) – field enforcement • Transportation Security Administration (TSA) • Department of Homeland Security (DHS) • Department of State (DOS)
DOCUMENTATION: NON –IMMIGRANT VISA ACCEPTABLE CATEGORIES (49 CFR 1572.105) (1) B-1/OCS Business Visitor/Outer Continental Shelf; (2) C-1/D Crewman Visa; (3) H-1B Special Occupations; (4) H-1B1 Free Trade Agreement; (5) E-1 Treaty Trader; (6) E-2 Treaty Investor (7) E-3 Australian in Specialty Occupation; (8) L-1 Intracompany Executive Transfer; (9) O-1 Extraordinary Ability; (10) TN North American Free Trade Agreement; or (11) Another authorization that confers legal status, when TSA determines that the legal status is “comparable” to the legal status set out in paragraphs 1-9.
THE ISSUE • Non-U.S. citizen industry shore staff requiring access to vessels through MTSA regulated terminals – superintendents, CSO, crewing managers, ISM and other auditors, etc. use B-1or B-1/B-2 visas. These are not on the “Acceptable Categories” list. • Applications supported by B-1 and B-1/B-2 visas and payment accepted at TWIC centers but notice received 1 month later of IDTA and denial with 60 day appeal period before FDTA. • “…you pose or are suspected to pose a security threat…unable to verify your immigration status” • So - many applications put on hold pending resolution • Began dialog with USCG and TSA to consider acceptance of B-1 and B-1/B-2 as “comparable” to other visas
DIALOG - U. S. GOVERNMENT AGENCIES - 2008 • Began dialog with USCG and TSA staff in early March 2008 • Submitted proposal to TSA and USCG late March 2008: • Add B-1/B-2 to the “acceptable” list, or • Develop B-1/ “maritime” visa designation and issue TWIC with supporting letter from employer as “comparables” • Strong support from Intertanko, BIMCO, Chamber of Shipping of America (CSA), General Maritime, OSG, AET, Anglo-Eastern, UK P&I – twelve letters of support written to TSA • Continued dialog with USCG and TSA through end of 2008 as USCG, DHS and TSA considered various options • USCG very supportive of industry need during this time
DIALOG - U. S. GOVERNMENT AGENCIES - 2009 • Meeting with USCG senior policy makers, 6 January 2009 • North Star, Intertanko, CSA, GMM, OSG, Blank Rome • Same group met with DHS/TSA senior policy makers, 23 January 2009 after USCG arranged meeting • Provided post-meeting submission on 18 February to USCG, DHS and TSA to answer questions, re-state earlier “comparables” proposal variation • March: DHS discussion with DOS to develop B-1 “maritime” designation • While still awaiting further response from DHS, TSA and DOS, informal indications are that this is not evolving
DIALOG - U. S. GOVERNMENT AGENCIES - 2009 • Met with Coast Guard newly assigned senior staff on 23 September and briefed on situation • Interagency “Terminal Access Work Group” forming – USCG, CPB, TSA, DOS so Coast Guard putting this issue on the agenda to determine next steps • Chamber of Shipping and BIMCO meeting with DOS week of 12 October and requesting DOS visa representative attend to pursue “maritime” annotation issue
IMPACTS & CONCERNS, POST 15 APRIL 2009 • Generally no person denied entry if they “pay” for an escort - $200 - $3000 • TWIC “escort services” developing, such as seafarer welfare organizations, agent provided escort, taxi drivers, etc. • One P&I organization pulled surveyors out of US, some ship managers minimizing need for surveyors to visit ships in US • Concerns – Cost impact and possibility of a TWIC only access “lockdown” if security incident occurs or threat level increased • Comment and discussion: What have NAP members experienced?