COMDTINST 16711.12A
JUL 10 1996
indicate this desire is being realized. The PSC Committee adopted amendments to the
Paris MOU, effective on February 5, 1992, which made the substantive provisions of
ILO Convention No. 147 applicable to Paris MOU members. The Asia-Pacific
Agreement on PSC, signed in Tokyo on December 2, 1993, included ILO Convention
No. 147 as one of its relevant instruments.
d.
However, while Article 4 prescribes port state control, intervention under this treaty can
only take place using existing U.S. laws. The PWSA, 33 USC Chapter 25 allows the
Captain of the Port (COTP) to detain a vessel if it is not in compliance with an
applicable treaty, provided the vessel poses a serious threat to the port. This authority
may be used to detain any vessel registered by flag administrations which are also party
to ILO Convention No. 147. The general goals of ILO 147 may be used as a reference
to measure the threat to the port. A current list of member nations is provided in
enclosure (2). The PWSA may also be used to detain vessels of non-party states as
long as the deficiencies are serious enough to pose a threat to navigation, vessel safety,
and the environment. Vessels registered to non-party states may be the subject of port
state control, but not by the standards of ILO 147.
7.
IMPLEMENTATION.
a.
Existing U.S. laws and regulations adequately address the requirements of ILO
Convention No. 147 for U.S. registered vessels. No new laws, regulations or
inspections are necessary to fulfill our treaty obligations insofar as our national fleet is
concerned.
b.
The U.S. Coast Guard and U.S. Department of Labor (DOL) have joint enforcement
responsibilities relative to the various standards of this Convention. The U.S.
Department of Health and Human Services (HHS), and its operating agencies, the
Centers for Disease Control (CDC), Food and Drug Administration (FDA), and Public
Health Service (PHS), may provide technical assistance in the investigation of certain
matters covered by the Convention.
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