American Club Circular No. 05/17 1 FEBRUARY 02, 2017 CIRCULAR NO. 05/17 TO MEMBERS OF THE ASSOCIATION Dear Member: US PRESIDENT’S EXECUTIVE ORDER ON IMMIGRATION AND ITS EFFECT ON VESSELS AND THEIR CREWS ENTERING THE UNITED STATES On January 27, 2017, President Trump issued an Executive Order (EO) which essentially imposed a 90-day ban on the entry into the United States of any foreign citizens from certain countries including Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. While the EO does not expressly refer to seaman nationals from these countries, it is anticipated that the travel ban imposed by the EO will very likely create delays and difficulties for foreign flagged vessels calling at US ports and traversing US waters with crew who are nationals of these specified countries. If a vessel with such crew members calls at a US port or sails through US waters, it is expected that such crew will be denied access to shore leave. The EO also provides for a potential suspension of the Visa Interview Waiver Program, which allows visitors from 38 countries to renew travel authorizations without a personal interview. Given the confusion that has been encountered at airports and other immigration points of entry in the US over the past few days, it is presently unclear to predict how the Department of Homeland Security (DHS) or the United States Coast Guard (USCG) will address circumstances where a vessel with nationals from the enumerated countries calls at a US port. It is possible that the prior practice of requiring a vessel to take a certain number of local armed security guards on board -- a practice which was more prevalent in the years following 9/11 – may be re-implemented in the short term. Bearing in mind these considerations, your Managers recommend that Members who expect to call at US ports in the immediate future take certain precautions to avert or minimize any delays or potential expenses or exposures that might result from any enforcement by the travel ban by local authorities: • Members with crew from any of the countries listed above are encouraged to avoid any crew changes while in the US. • Members should review their charter party wordings and provisions to ensure that, if the local authorities mandate that armed security guards be placed on board the vessel, such expenses and delays / time lost be appropriately allocated to it contract American Club Circular No. 0 5/17 2 partner. The BIMCO US Security Clause for Time Chartering should provide sufficient protection in this regard. • If a medical emergency arises and requires a crew change in the US, and either the outgoing or replacement crew member is a national of one of the seven countries identified in the EO, Members should immediately contact the Managers to assist with any efforts to petition the DHS, the USCG, or other applicable authority to review the matter on a case-by-case basis for the issuance of appropriate visas, immigration benefits or other appropriate relief. • For any crew members or port captains anticipating entry into the US who are nationals affected by the Visa Interview Waiver Program, Members should consult with the local US embassy or consulate for further guidance, or alternatively, Members can contact the Managers for additional assistance. Your Managers also hereby attach a Client Alert issued by Messrs. Freehill, Hogan & Mahar LLP which discusses the EO and its effect on foreign crew members in more detail. Their permission to attach