COMPLIANCE CORNER: ENTERING US WATERS FOR THE FIRST TIME

As yachts begin their seasonal migration from the Mediterranean to the Caribbean and the United States, attention naturally turns to passage planning, maintenance and preparations for the winter cruising season. For vessels entering US waters for the first time, however, there are additional regulatory requirements to consider. Some of these involve third-party approvals or documentation that cannot necessarily be arranged at short notice.

Fairport Global highlights key areas that captains should address well before departure.

Crew visas and documentation
Crew immigration requirements should be among the first items reviewed. Foreign crew members may require appropriate US visas, commonly B-1/B-2 depending on their circumstances and obtaining these can involve a consular interview.

With consular appointments sometimes taking weeks to secure, crew visa requirements should be checked well ahead of departure.

Certificate of Financial Responsibility (COFR)
Vessels of 300 GT and above may be required to hold a US Coast Guard Certificate of Financial Responsibility, demonstrating that appropriate financial arrangements are in place to meet applicable pollution liabilities. The application process involves coordination with the vessel’s insurer or P&I provider and the National Pollution Funds Center. Captains should determine whether the requirement applies to their vessel and allow sufficient time for the required documentation and approvals.

Nontank Vessel Response Plan (NTVRP)
Certain vessels of 400 GT and above are required to have an approved Nontank Vessel Response Plan before operating in US waters. This involves more than preparing an onboard document. The plan requires arrangements with external response providers, which may include:

• A US-based Qualified Individual (QI): A designated contact authorized to activate response resources and available around the clock.
• An Oil Spill Removal Organization (OSRO): A provider with the appropriate US Coast Guard classification and geographic coverage for the yacht’s intended operating area.
• Salvage and Marine Firefighting (SMFF) providers: Contracted resources that meet the applicable requirements, with relevant vessel information and safety plans made available as necessary.

The suitability of these arrangements depends on where the yacht intends to operate, making itinerary planning an important part of compliance preparation.

Advance notice of arrival
Applicable vessels must also comply with US Coast Guard advance notice of arrival requirements, generally submitted through the electronic Notice of Arrival/Departure system (eNOAD). For vessels subject to the relevant requirements, the standard notice period is 96 hours before arrival, with shorter notice provisions applying to certain voyages and circumstances.

Captains should confirm the reporting requirements for their particular vessel and voyage, including any additional Customs and Border Protection obligations.

Start preparations before the crossing
One of the most common challenges with first-time US entry is the lead time required to arrange documentation and third-party services. A vessel may be technically ready for departure but still lack the necessary approvals or arrangements for its intended cruising program.

Before confirming an arrival schedule, captains should review the yacht’s flag, tonnage, intended ports, crew nationalities and certificates to identify any outstanding requirements.

Captain’s takeaway: Begin your US entry compliance review well before departure. Check crew visas, applicable COFR and vessel response plan requirements, third-party contracts and arrival reporting obligations. Confirm the requirements specific to your vessel with your yacht manager, agent and relevant US authorities.

 For guidance on US entry requirements, crew compliance, certification and ISM administration, contact Fairport Global.