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The US government has sought to conclude agreement with Malaysia to place its Customs officers at specified ports as part of its worldwide initiative to tackle global maritime security.
The move, under the Container Security Initiative (CSI), saw in recently weeks US securing agreements with the Netherlands, Belgium, Hong Kong, Singapore and France to place US Customs officers in the first list of 20 ports identified by the US Customs, including Port Klang.
The US is also in discussion with China and Japan to place its officers at key ports in the countries which account for large shipments into US ports.
However, despite recent protests from the European Union, China and Japan over its unilateral action, US has continued with its initiative to tackle the global maritime security under which US agents will be stationed in overseas ports to help process containers before they are loaded on to a ship at a foreign port with cargo bound for US.
Last week, Japan, the European Commission and other maritime allies sent a memorandum to Washington expressing their concerns about the proposed maritime security legislation before US lawmakers.
A letter to the State Department warns that proposed legislation could create a gap between US and International Maritime Organisation (IMO) regulations governing port assessments, and also highlights other maritime issues.
The letter, expressing the concerns of 14 countries, states: "Given that the IMO process is on track, and that many of the US concerns are being addressed, we urge the US to take account of the international measures being considered by the IMO, the International Labour Organisa tion and the World Customs Organisation when considering the new US legislation on maritime security."
IMO's Maritime Safety Committee is scheduled to meet next month for discuss and forward proposals, including on maritime security for approval of member countries at the Diplomatic Conference in December.
It says the foreign governments have "a number of concerns" regarding impending US legislation following the attacks of September 11.
"Firstly, we believe that port assessment is an important measure to enhance maritime security. At the IMO, most of our governments have agreed that port states should assess their own ports according to an IMO standard.
"However, in the bills adopted by the Senate and House there are provisions giving the US Secretary of Transportation a mandate to assess the effectiveness of the security measures maintained at a foreign port.
"If a port does not meet the Secretary's expectations, he could ultimately deny entry into the US to any vessel arriving from that port.
"If enacted, these provisions could open a gap between the US and the IMO approaches to port assessment."
The letter states that the Senate bill "seems to be somewhat closer to the IMO approach" as it contains provisions committing the Secretary to conduct assessments "in consultation with appropriate authorities of the government of the foreign country concerned".
Importantly, the letter says this implies a multilateral approach, favoured by Brussels, "using standards for port security and recommended practices of the IMO and other appropriate international
organisations".
It is also pointed out that, in the House bill, there is a provision that the owner or operator of a vessel or facility should ensure the availability of anti-terror measures.
In a similar move to express its concern the EU is expected to take its fears about Washington's bilateral stance on maritime container security straight to the US policy-makers
EU officials will be in Washington this week to brief key congressional advisers, presenting their case that a single US maritime security agreement with the EU is preferable to bi-lateral deals with individual member states.
The commission, which is studying a legal challenge to the CSI at the European Court of Justice, is now laying the groundwork for a Washington visit by senior Commission transport officials.
Meanwhile, US Customs has argued that it cannot wait for a single EU response and has to act quickly to secure SCIs at the world's top 20 container ports, responsible for 80 per cent of the inbound traffic to North America
Parallel to its initiatives under the CSI, US Customs has also extended its support to the Customs-Trade Partnership Against Terrorism that is being pursued by container shipping lines.
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