TO: ALL ICS AND ISF MEMBERS ICS/ISF(02)20 (Copy to: ICS EXECUTIVE COMMITTEE) US DEVELOPMENTS Attached, please find the latest report on United States maritime developments, as received from the Chamber of Shipping of America. The summary covers Administrative and Political Issues, Maritime Security, Seafarers’ Identification Credentials, Ballast Water Management and a USCG Rulemaking on Salvage and Marine Firefighting. At the time of writing, ICS understands that US Customs has just published its final regulations covering the filing of cargo manifests 24 hours prior to loading. Further information will be provided once the regulations have been obtained and analysed. S. Bennett External Relations Adviser Chamber of Shipping of America October 2002 Monthly Update to ICS Overarching Administrative and Political Issues Action on a number of issues detailed below must be assessed within the context of the political environment in Washington, the fact that few legislative days remain in the current Congressional session and with a view toward the potential outcome of voting for Congressional representation on Election Day, November 5, 2002. In particular, there is potential for changes in party control in both the House of Representatives and the Senate, and where that occurs, the body’s agenda may change drastically at the start of the next Congressional session in January 2003. While this does not necessarily mean that troublesome issues will disappear from the legislative agenda, it does mean that the resolution of these issues may change in the form of new legislative proposals. Coupled with this Election Day uncertainty is the fact that only a few legislative days remain in the current session. Congress is expected to reconvene on November 12, 2002, work until a week-long Thanksgiving Day recess, then return to Washington for perhaps two weeks of work prior to adjournment for the Christmas and New Year’s holidays. During these limited days, Congress will be working on passage of appropriations bills and a select number of other issues which will certainly include homeland security and quite likely include maritime security. It is important to note that legislative proposals introduced during the current session, will expire at the end of the session and must be reintroduced when the new Congress returns in January if they are to see legislative action. While CSA does not anticipate any major changes in reintroduced legislation, party control of the House and Senate, if changed by election results, may result in changes to pending legislation which can not be anticipated with any degree of certainty at this time. Maritime Security As noted in prior reports, the maritime security legislation (Senate Bill 1214) had been stalled in negotiations which were aimed at convening a conference committee (House of Representatives and Senate Members) for the purposes of drafting legislation which could then be readily agreed to by both the House and Senate. The major point of contention was with a proposal by a key Senator which would have created a user fee structure to fund the maritime security programs included in the legislation. The user fee proposal was objected to by a number of Members of both parties as well as the House Committee with sole jurisdiction for revenue producing programs e.g. taxes, where the user fee proposal was assessed as a tax rather than a user fee. Noting the need for enactment of a national maritime security program, the Senator previously proposing the user fee has withdrawn all funding program language which has increased the potential for ena