83 FR 5638 - List of Vessels Prohibited From Entering or Operating Within the Navigable Waters of the United States, Pursuant to the Ports and Waterways Safety Act, as Amended by the Countering America's Adversaries Through Sanctions Act

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 83, Issue 27 (February 8, 2018)

This document announces the availability of a list of vessels that are generally prohibited from entering the navigable waters of the United States or transferring cargo in the United States. The list, which is developed by the Department of State, will be publicly available on the Coast Guard National Vessel Movement Center (NVMC) website at www.nvmc.uscg.gov/CAATSA.aspx and will be updated periodically on the website. The Ports and Waterways Safety Act, as amended by the Countering America's Adversaries Through Sanctions Act (CAATSA) generally prohibits the entry of vessels on this list, and generally prohibits the entry of vessels registered to a Flag State that retains in its registry a vessel identified on this list 180 days after the most recent publication. The CAATSA amendment also generally prohibits such vessels from transferring cargo in any port or place under the jurisdiction of the United States.

[Federal Register Volume 83, Number 27 (Thursday, February 8, 2018)]
[Notices]
[Page 5638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02536]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2017-1006]


List of Vessels Prohibited From Entering or Operating Within the 
Navigable Waters of the United States, Pursuant to the Ports and 
Waterways Safety Act, as Amended by the Countering America's 
Adversaries Through Sanctions Act

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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SUMMARY: This document announces the availability of a list of vessels 
that are generally prohibited from entering the navigable waters of the 
United States or transferring cargo in the United States. The list, 
which is developed by the Department of State, will be publicly 
available on the Coast Guard National Vessel Movement Center (NVMC) 
website at www.nvmc.uscg.gov/CAATSA.aspx and will be updated 
periodically on the website. The Ports and Waterways Safety Act, as 
amended by the Countering America's Adversaries Through Sanctions Act 
(CAATSA) generally prohibits the entry of vessels on this list, and 
generally prohibits the entry of vessels registered to a Flag State 
that retains in its registry a vessel identified on this list 180 days 
after the most recent publication. The CAATSA amendment also generally 
prohibits such vessels from transferring cargo in any port or place 
under the jurisdiction of the United States.

DATES: The list of vessels will be available on February 2, 2018, and 
will be updated periodically thereafter.

ADDRESSES: The list of prohibited vessels will be available online at 
www.nvmc.uscg.gov/CAATSA.aspx. This notice of availability can be 
viewed online, under docket USCG-2017-1006, using the Federal 
eRulemaking Portal at http://www.regulations.gov.
    If you have questions about this notice, call or email the Coast 
Guard's Headquarters Foreign & Offshore Vessel Compliance Division, 
202-372-1232, [email protected].

SUPPLEMENTARY INFORMATION: On August 2, 2017, the President signed into 
law the Countering America's Adversaries Through Sanctions Act 
(CAATSA).\1\ The law amends the North Korea Sanctions and Policy 
Enhancement Act of 2016 \2\ and the Ports and Waterways Safety Act 
(PWSA).\3\ Section 315 of CAATSA adds Sec.  16 to the Ports and 
Waterways Safety Act. This new section requires the Secretary of the 
Department in which the Coast Guard is operating, with the concurrence 
of the Secretary of State, to maintain timely information on the 
registrations of all foreign vessels over 300 gross tons that are known 
to be any of the following:
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    \1\ Public Law 115-44, August 2, 2017, 131 Stat 886.
    \2\ Public Law 114-122, February 18, 2016, 130 Stat 93.
    \3\ 33 U.S.C. 1221 et seq.
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    (1) Owned and operated by or on behalf of the Government of North 
Korea or a North Korean person.
    (2) Owned or operated by or on behalf of any country identified by 
the President as a country that has not complied with the applicable 
United Nations Security Council resolutions (as such term is defined in 
22 U.S.C. 9202).
    (3) Owned or operated by or on behalf of any country in which a sea 
port is located, the operator of which the President has identified in 
the most recent report submitted under 22 U.S.C. 9225(a)(1)(A). As 
revised by section 314 of CAATSA, Sec.  9225(a)(1) states that the 
President shall submit a report to Congress of countries and ports that 
knowingly do any of the following: (a) Significantly fail to implement 
or enforce regulations to inspect ships, aircraft, cargo, or 
conveyances in transit to or from North Korea, as required by 
applicable United Nations Security Council resolutions; (b) facilitate 
the transfer, transshipment, or conveyance of significant types or 
quantities of cargo, vessels, or aircraft owned or controlled by 
persons designated under applicable United Nations Security Council 
resolutions; or (c) facilitate any of the activities described in 
section 104(a) of the North Korea Sanctions and Policy Enhancement Act 
of 2016.
    Not later than 180 days after the date of the enactment of CAATSA, 
and periodically thereafter, the Coast Guard is required to publish in 
the Federal Register a list of the vessels described above. The list 
will be publicly available on the NVMC website at www.nvmc.uscg.gov/CAATSA.aspx, beginning on February 2, 2018, and the Coast Guard will 
periodically publish a notice of availability in the Federal Register 
announcing updates.
    Upon receiving an advance notice of arrival under 33 U.S.C. 
1223(a)(5) from a vessel on the list, the Coast Guard will notify the 
vessel master that the vessel may not enter or operate in the navigable 
waters of the United States, or transfer cargo in any port or place 
under the jurisdiction of the United States, unless otherwise allowed 
by law. The Ports and Waterways Safety Act, as amended by CAATSA, 
provides for limited entry in certain circumstances, such as a specific 
determination from the U.S. Secretary of State, and does not restrict 
the right of innocent passage or the right of transit passage as 
recognized under international law.
    This notice is issued under authority of 5 U.S.C. 552(a), Sec.  315 
of Public Law 115-44, and DHS Delegation 0170.1(II)(70).

    Dated: February 2, 2018.
Jennifer F. Williams,
Captain, U.S. Coast Guard, Director of Inspections and Compliance.
[FR Doc. 2018-02536 Filed 2-7-18; 8:45 am]
 BILLING CODE 9110-04-P