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November 6th, 2018 at 11:39 am

Bryant’s Maritime Blog – 6 November 2018

Headlines:

OFAC – expanded sanctions re Iran;

DHS OIG – management alert re whistleblower; and

Court – reasonable security bond demand.

November 6, 2018

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Note: This blog is one section of the Bryant’s Maritime Consulting website. Visit the site for more extensive maritime regulatory information. Individual concerns may be addressed by retaining Dennis Bryant directly. Much of the highlighted text in this newsletter constitutes links to Internet sites providing more detailed information. Links on this page may be in PDF format, requiring use of Adobe Acrobat Reader. Comments on these postings are encouraged and may be made by clicking the envelope that appears at the end of each posting. Be aware that the daily blog entry is a single posting, even though it contains a number of individual items. Why make the same mistake twice when there are so many possibilities?

OFAC – expanded sanctions re Iran

clip_image004 The Office of Foreign Assets Control (OFAC) issued a news release announcing actions taken in connection with the full re-imposition of sanctions against Iran. Its Frequently Asked Questions (FAQ) have been updated. Over 700 persons and associated blocked property have been moved to the Specially Designated Nationals (SDN) list. This includes a number of shipping companies and their assets. (11/5/18) [https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20181105.aspx].

DHS OIG – management alert re whistleblower

clip_image006 The Department of Homeland Security (DHS) Office of Inspector General (OIG) issued a management alert raising concerns about the execution of a search warrant by the Coast Guard Investigative Service (CGIS) against a DHS whistleblower. OIG 19-03 (10/29/18) [https://www.oig.dhs.gov/sites/default/files/assets/2018-11/OIG-19-03-Oct18.pdf].

Court – reasonable security bond demand

clip_image008 The US Court of Appeals for the District of Columbia Circuit ruled that the US Coast Guard acted reasonably in detaining a vessel for nearly six months and in setting security bond levels related to the detention. During a routine boarding, plaintiff’s vessel was suspected of illegally discharging oily waste water at sea and falsifying its oil record book to conceal the offense. The vessel was immediately detained. The owner, operator, and chief engineer were soon indicted. The Coast Guard insisted upon a security bond of $3 million. The bond was not paid and the detention continued. A trial, nearly six months later, the owner and operator were acquitted but the chief engineer was convicted. After the vessel was released, the owner brought suit, asserting that the vessel had been unreasonably detained. In a case of first impression, the court found that the Coast Guard’s security bond demands were reasonable, as that was the maximum fine that could have been levied if the company had been convicted. Angelex Ltd v United States, No. 17-5269 (DC Cir., November 2, 2018) [https://www.cadc.uscourts.gov/internet/opinions.nsf/DEF527EADA90BF5685258339004DE2B7/$file/17-5269.pdf].

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Dennis L. Bryant

Bryant’s Maritime Consulting

4845 SW 91st Way
Gainesville, FL 32608-8135

USA

1-352-692-5493
dennis.l.bryant@gmail.com

http://brymar-consulting.com

© Dennis L. Bryant – November 2018

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    logo11 Liquefaction

    In the October 2018 edition of Maritime Reporter and Engineering News, you can find my article entitled "Liquefaction". The article discusses the shocking number of bulk carriers that have suddenly and catastrophically been lost at sea in recent years. The known or suspected cause of these tragic losses has been liquefaction of cargo. Despite efforts of the IMO, insurers, and trade associations, these losses continue. Installing a longitudinal bulkhead in each cargo hold would reduce the risk of liquefaction and the consequent loss of ships, cargo, and crews.