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American Club Circular No. 11 /17 1 MARCH 9, 2017 CIRCULAR NO. 11/17 TO MEMBERS OF THE ASSOCIATION Dear Member: US PRESIDENT’S REVISED EXECUTIVE ORDER (EO) ON IMMIGRATION AND ITS EFFECT ON US VESSELS AND THEIR CREWS ENTERING THE UNITED STATES On March 6, 2017, President Trump issued Executive Order No. 13780 entitled Protecting the Nation from Foreign Terrorist Entry into the U.S. This new EO rescinds and replaces that which President Trump had previously issued on January 27. The original EO was the subject of Circular No. 05/17 of February 2, 2017. It was subsequently suspended in consequence of federal court rulings which were handed down over the days following its promulgation. The new EO is due to come into effect on March 16, 2017. Like its predecessor, the new EO suspends for a period of 90 days the entry into the US of nationals from six countries: Iran, Libya, Somalia, Sudan, Syria and Yemen. In an effort to differentiate its terms from the previous enactment, EO 13780.... “expressly excludes from the suspensions categories of aliens that have prompted judicial concern.” Additionally, and unlike its predecessor, EO 13780 does not apply to individuals from the six countries who are permanent residents of the US, dual nationals, foreign nationals traveling on a diplomatic visa and foreign nationals who have been granted asylum. Your Managers attach, with thanks to Messrs. Freehill, Hogan & Mahar LLP, their recent Client Alert which discusses in detail this new EO and its effect on foreign crew members. Bearing this in mind, the Managers recommend that Members whose personnel expect to call at US ports in the immediate future should follow the advice set out in Club Circular No. 05/17 in order to avert or minimize any delays or potential expenses or exposures which might result from any enforcement of the EO by local authorities. Members are also urged to contact the Managers with any inquiries regarding this issue. Such inquiries, and any others associated with this Circular, should be directed to Mr. George J. Tsimis, Senior Vice President – Global Claims Director & General Counsel, at george.tsimis@american-club.com, or Ms. Danielle Centeno, Assistant Vice President – Loss Prevention & Survey Compliance, at danielle.centeno@american-club.com. Yours faithfully, Joseph E.M. Hughes, Chairman & CEO Shipowners Claims Bureau, Inc., Managers for THE AMERICAN CLUB March 6, 2017 NEW YORK | NEW JERSEY | CONNECTICUT CLIENT ALERT: NEW U.S. EXECUTIVE ORDER ISSUED ON IMMIGRATION: POTENTIAL IMPACT ON VESSEL CREWS Introduction As reported in our Client Alerts of January 30 th and February 10 th , Executive Order (“E.O.”) 13769 issued by President Trump on January 27, 2017, and entitled “Protecting the Nation From Foreign Terrorist Entry Into the United States”, banned for 90 days any immigrant or nonimmigrant entry into the U.S. of foreign citizens from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen, and would have impacted vessels with crewmembers from those countries. However, that E.O. was suspended by a Federal district court judge on February 3 rd and his ruling was upheld by the 9 th Circuit Court of Appeals on February 9 th . Today President Trump signed E.O. 13780 entitled “Executive Order Protecting the Nation From Foreign Terrorist Entry Into The United States.” This E.O. rescinds E.O. 13769 and introduces new restrictions on travel to the U.S. from Iran, Libya, Somalia, Sudan, Syria and Yemen. Note that immigration from Iraq is
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pi_circular American P&I Club ·2017-03-09

Circular No. 11/17 - US President's Revised Executive Order (EO) on Immigration and Its Effect on US Vessels and Their Crews Entering the US

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