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The on-going efforts by the US to tighten international maritime security, took to new heights as US government said it was now pursuing agreements with a dozens of countries to allow US Navy vessels to pursue and board suspect ships in those nation's sovereign waters.
The new US initiative is a further extension of US efforts to stamp out the use of maritime commerce by international terrorists, and is aimed specifically at the clandestine transport by sea of terrorists, weapons, and contraband goods used to finance terrorism.
US Navy sources confirmed that the negotiations were ongoing, but said the policy was still being worked out and that it was too early in the process to provide further detail
The announcement comes in the wake of a move two weeks by US Customs that all ships bound for ports in the US must provide cargo manifests 24 hours before a container is loaded in a foreign port.
The move by the US Customs is part of its worldwide Container Security (CSI) initiated by US that seeks to station, under agreement with foreign governments, US Customs agents at specific ports throughout the world, including Port Klang.
The pre-shipment clearance is being initiated to improve container security at a time when box traffic into the US has been identified as an area particularly vulnerable to terrorism.
Industry sources immediate reacted that such stringent new requirements on information provision will likely require significant, and potentially costly, changes in business practices for shipping lines, non vessel operating common carriers and shippers.
Shipping companies are still studying the proposal, and they have just 30 days to put forward their comments.
The requirement on the early posting of cargo manifests by US Customs comes not entirely as surprise to the shipping industry which had been warned over a laxity in the management of information on containers entering the US.
US Customs views an essential element of CSI is advance transmission of vessel cargo manifest information to Customs.
Analysis of the manifest information prior to landing will allow US Customs officers posted at the foreign seaports to identify high-risk containers before they are shipped to the US.
Meanwhile, a new US security legislation that has been drawn up is expected to force shippers and container lines to rethink standard clauses in transport documents as Customs seeks to establish precisely what is carried in every container.
The new security measures, at present in draft form but expected to become law very soon, could have a serious impact on carriage of goods legislation.
The legal requirement to identify goods clearly under the security legislation may mean that certain century-old standard phrases used in transport documents relating to contents details may no longer be sufficient to protect carriers.
While shipping lines are entitled to rely on the shipper's description of the goods with the words "said to contain" included in bills of lading, multimodal or combined transport documents, this will not be sufficient under the security legislation, maritime legal sources noted..
The use of the term "said to contain" has the legal effect that the operator or owner of the vessel, port or facility can receive the goods without knowing exactly what their type or condition is and is reliant on the ship- per to provide detailed information.
Under the security legislation not only will it not be possible for carriers to rely on shippers' information to disclose the goods but all those involved in transport with responsibility for the goods and supporting paperwork will need to be able to verify the contents.
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