Maritime and Port Security Initiatives by Federal Agencies - Research Paper Example

Maritime security Introduction Since the terror attack witnesses in American soil in September of 2001, the USA federal agencies became more aware of the dangers posed by terrorism from all the angles of transport into this country. With this, port security has become a critical area of debate for the US Congress and in the department of homeland security. The focus has shifted into developing and responding to proposals aimed at making maritime and port security better in order to protect the American population from preventable acts of terror. Presently, the American maritime system consists of three thousand seven hundred cargo and passenger handling terminals with other three hundred sea and river ports. With the rise in terror threats, containers ships have become the area of security scrutiny as security agents view them as vulnerable to terrorist attacks and activities. Annually, seaports in the US host at least nine million marine containers hence provoking the need for them to undergo intense security checks so as avert terrorist infiltration. In order to raise security standards within ports, Congress passed into law the Maritime Transportation Security Act of 2002 that has come into scrutiny over its relevance and impact in serving this purpose. With this background information, this essay will delve on the Maritime and seaport security initiatives as applied by federal agencies, either in the US or by agencies across its international borders. Features of port and maritime security in the USA Ideally, most of the cargo handling in the US is through major cargo hubs because of the quality of infrastructure available hence creating traffic for these hubs by cargo shipping firms. Further, the handling of energy related products is by certain ports while the US also has over one thousand harbors spread across its coastline. Other than US owned and crewed ships, foreign ships also call at this nation’s ports, which has been instrumental in influencing trading relations with other trading partners. The trading also spreads to cargo containers, which is one of the areas that attracted the concerns of both state and federal security agents to be keen on securing this area of commerce. In essence, a large container has a high load capacity and can safely ferry more than three thousand containers while offloading some of them at different ports. Mostly, these containers transport consumer goods that may include clothing, toys, shoes, electronic devices, automobile spare parts, among a list of other goods which characterizes the imports on containers. On the other hand, the containerized exports that the US deals in are agricultural products, chemicals, wastepaper among other products, which exporters prefer to transport through this channel as compared to rail or trucks mode of transportation. Security concerns for ports Arguably, the port and maritime systems in the US are not as secure as they should be making this mode of transportation to be as vulnerable to terrorism as any other transportation mode. Like any other developed economy, the USA depends on commercial shipping as the most reliable and cost effective way for transporting goods. With this, this system stands to vulnerable to pirate and ship hijackings because of the many loopholes that exist within the shipping industry. Further, the growing number of container and passenger ships that dock at US ports is becoming overwhelming, which has become a security concern for ports because of the challenge in monitoring their entry. The reason why cargo containers are a possible area of vulnerability is the threat of sneaking in mass destruction weapons un detected that terrorists may explore. In many ports across the US, monitoring of all containers may not be possible making this system of transport to be exploitable for terrorist-related activities. Further, the container shipping involves several handlers that may include importers, crews of the vessels, truckers, custom agents, dock workers among a list of other players hence creating security concerns at every point that these containers trade hands. Therefore, the movement and change in handlers of these containers creates a window of opportunity that terrorists may explore in order to bring harm to the American population. Another security concern raised by ports and maritime systems is their geographical location because most of them to be in urban centers that may allow terrorists to blend in undetected while planning their terror schemes. The container ships are also stationary targets for terrorism and hijacking because when anchored at the ports, there may not be adequate security measures to safeguard them from this threat. The implication of these concerns is that the failure to putting up security measures that may safeguard against infiltration by terror-minded individuals can be dire on a global scale because many world economies rely on this mode of transport for moving their goods across various destinations. This has led federal states and the national states to create initiatives aimed at curbing the vulnerability to terrorism spread across this industry as a way of protecting resources and future trading partnerships. Federal agencies responsible for port security and their obligations According to researches and studies, the establishment of tightly secured port and maritime system requires the application of resources that may be costly, but the benefits are visible to the implementers of the same. These resources may either be through the pumping of money into acquiring qualified personnel to oversee operations at these ports or through advanced technology systems that are able to track movements of containers effortlessly. Some of the federal agencies known for their involvement in securing of port facilities include the US Coast Guard, the Transport Security Administration, the Maritime Administration, and the US Customs and Border Protection. These agencies fall directly under the Department of Homeland Security where the Coast Guard inspects any commercial ships that seek to approach the US waters. In essence, they work hand in hand with the US Navy in eliminating terror threats at the ports by inspecting the crews and passenger on board a vessel before issuing clearance to approach. On the other hand, the TSA has also ventured into port and marine security, which is an additional responsibility to overseeing air transportation. The Bureau of Customs and Border Protection as a federal agency, has the responsibility of inspecting cargo ships before they approach US ports that are mainly from foreign nations. The other agency is the Maritime Administration (MARAD)1, which is a civilian agency under the Department of Transportation charged with publishing maritime security reports and planning tools to improve port security. When it comes to ownership, the governing and control of these ports tends to be a federal government responsibility while others may fall under an interstate jurisdiction. This means that localities and state governments have ownership and management of these ports falls under their care, which may also include roles such as financing and rehabilitation. Security initiatives for ports by federal agencies i. Bureau of Customs and Border Protection One of the significant initiatives established by CBP is the Container Security Initiative as way of countering possible terrorism and the Customs-Trade Partnership Against Terrorism basically a series of agreements. These bilateral agreements are relevant to the process of countering terrorism in that they allow CBP personnel at selected foreign ports to inspect vessels bound for the US for any security threat. Another requirement in this agreement is that commercial ships bound 2for the US had to surrender information concerning shipment to the CBP twenty-four hours prior the loading of the cargo at a foreign port. In the past, commercial ships did not have to give this information as mandatory practice, but only gave out this information once they approached the US ports. According the CBP, the provision of this information prior to arrival creates effectiveness while enforcing the security standards that can safeguard against the risk of terror. This also reduces on the number of inspectors that have to board high risk container ships, which makes this process less time consuming and reliable. The CTPAT initiative that began in 2002 gives importers the expedited advantage when it comes to cargo processing if they abide by the regulations set by the CBP making the moving of their containers to be relatively easy. In essence, exporters that sign up for the CTPAT program by filling out a questionnaire that gives details about their supply chain where CBP certifies applicants to experience reduced cargo inspections containers. ii. The US Coast Guard After the terror attack of 2001, this federal agency established one of the largest port security operation post World War II as it began to man security zones along water body masses. In the beginning, the aircrafts and speedboats used by the Coast Guards mainly targeted distant patrol operations, but later changed to include monitoring of local ports within US waters. Their operations included maintaining security checks for cruise and cargo ships that were either entering or leaving these ports with sea marshals also providing escort to specific ships exiting harbors. Over the years, the US Coast Guard has sought to improve on its involvement in fighting terrorism by also requiring information of a ship bound for US waters just the CBP 3. They use this information in evaluating whether a cargo or passenger ship and its inhabitants are a possible security threat to America and using this to set up preventive measures. However, this agency applies a divergent approach to this security strategy as they require the shipping information within an extended ninety-six hour period, which seeks to enhance legitimate flow of trade. This is relatively the Notice of Arrival (NOA)4, which provides information in detail of the crewmembers on board the ship, passengers, cargo and on the ship itself. Further, the Coast Guard also makes use of the maritime domain awareness initiative (MDA), which allows for the provision of intelligence information from various sources concerning vessels. This helps in creating a picture of the possible threat posed to the maritime that can be useful in mitigating terror attacks because this gives room for actionable knowledge. The other initiative that the US Coast Guard has applied is the Automatic Identification System under the MDA, which a ship tracking facility that is essential in monitoring vessel traffic at harbors and ports5. iii. The Transport Security Administration (TSA) The Operation Safe Commerce is a pilot initiative by TSA and CBP that aims at verifying container content at the point where loading takes place to ensure that there is no security risk from the start of the transportation chain. Other than this, this project also involves the monitoring of the containers through all the intended transport avenues to minimize the terrorism threats through this tracking system. In line with this, various technology companies have been busy trying to develop tracking systems that can transmit container information in real time to avert any possible terror threats that may arise. The challenge in this is the expenses that come with obtaining such devices for shipping companies as this is likely to hike the transportation costs because these devices are highly reliable when applied accurately. As for the passenger ships, TSA is also in the process of testing a Transport Worker Identification Credential (TWIC) for workers in passenger and cargo facilities in all transportation areas6. This will help in securing these areas as the workers within these transport facilities can also serve as possible threats through terrorism. Lastly, TSA has developed a risk framework named the Maritime Self-Assessment Risk Module that will be helpful to port and ship owners in formulating their own security plans for the safety of their establishments. iv. Maritime Administration and other International agencies The MARAD also known as the Maritime Administration has developed a curriculum-training program for maritime personnel that focus on improving security at the ports7. Other than that, the agency also works with the CBP, Coast Guard, and the TSA under the Container Working Group that has been significant in offering recommendations on how to secure marine container transportation. Across border, the Group of Eight Nations in 2002, named the International Maritime Organization together with the World Customs Organization as the institutions charged with developing world initiatives aimed at improving maritime security. In the same year, the IMO adopted a fresh chapter to the Safety of Life At Sea Convention termed as International Ship and Port Facility Security Code (ISPS) as both a mandate and voluntary measure for mitigating maritime security threats8. This applied to all IMO member nations that had to implement these proposed regulations by July 1, 2004. On the other hand, the WCO has also been working towards the harmonization of custom procedures aimed at improving trade and commerce across borders. A task force established by WCO drafted a resolution for security and the facilitation of the supply chain at the international level. In the recommended framework, importers and shipping companies had to abide by the requirements of prior reporting through electronic means of cargo and shipping information as way of mitigating any possible security threats 9. New laws on port and maritime security One of the key legislations passed by the US Congress was on the creation of a new and better Department of Homeland Security that was to include other security agencies as part of their operation partners in fighting possible terror. As per this law, federal agencies, ship and port owners had to take up responsibility in effecting various security upgrades for maritime systems. Some of these measures also involve the development of incident response plans subject to approval by the Coast Guard and for CBP to access shipping information for vessels bound for the US from foreign nations. The other legislature that supports the operations of these federal agencies is the Trade Act of 2002 that allows CBP to receive electronic transmission of cargo data hours prior their departure from foreign ports. In addition, the 2004 Coast Guard and Maritime Transportation Act that provided for DHS to furnish Congress with an implantation plan for maritime intelligence systems. The act further included the plan on the allocation of funds for each federal security agency and also submit the costs associated with ship inspection. In the same year, the US congress adopted the Intelligence Reform and Terrorism Prevention Act of 2004, which sought to impose urgency on the efforts by DHS in improving on maritime security. The other requirement under this act was that DHS had to establish a terrorism ‘watch-list’ for crewmembers and passengers onboard a ship as a safety measure10. In summary, most of the security initiatives taken by these federal agencies have been effective in achieving their purpose as they provide mitigation options that can prevent future terrorist attacks through the ports. As much as it is the responsibility of federal agencies to develop and enforce port and maritime security systems, it is also the obligation of ports and federal governments to ensure that they apply to the latter in order for the process to be successful. The strides made thus far are commendable, but much still much work lies ahead in order to ensure that the marine transport system is safe from terrorism. Bibliography Alger, Chadwick F. The United Nations System: A Reference Handbook, (Santa Barbara (Calif.): ABC-CLIO, 2006). Forest, James J. F. Homeland Security: Protecting Americas Targets 1 1, (Westport, Conn: Praeger Security International, 2006). Frittelli, John. Port and Maritime Security: Background and Issues, (New York: Novinka Books, 2003). 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Maritime Security Initiatives: Implementing the New U.S. Initiatives and Regulations, (Lanham, Md: Government Institues, 2005). Read More