Sec. 131. Minimum standards for operating as a flag state registry and assessment of efforts to prevent the circumvention of sanctions and other crimes
367 words·~2 min read·
/bill/119/s/2904/is/section-131·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is the policy of the United States that the government of a country is complying with the minimum standards required by the United States for maintaining an open flag registry if, on balance, the government— has enacted and implemented laws and established government structures, policies, and practices that prohibit and generally deter the use of its flag registry as a mechanism to circumvent sanctions imposed by the United States, the United Kingdom, the European Union, or other Group of 7 countries, including prohibiting its flag to continue to fly on vessels that are subject to sanctions imposed by any such country or jurisdiction; has enacted and implemented laws and established government structures, policies, and practices that prohibit and generally deter the use of its flag registry to avoid detection of illicit activities, including drug trafficking, illicit arms shipments, human trafficking, and illegal, unreported, and unregulated fishing activities; enforces the laws described in paragraphs
(1)and
(2)by punishing any person found, through a fair judicial process, to have violated those laws; takes steps to ensure ships flying its flag comply with well-established industry standards and best practices relating to maritime activities, including adhering to resolutions and warnings promulgated by the International Maritime Organization, such as Resolution A.1192(33) (December 6, 2023) relating to urging member states and all relevant stakeholders to promote actions to prevent illegal operations in the maritime sector by the dark fleet or shadow fleet ; responds to credible reports from other countries and private entities warning of vessels flying its flag engaging in maritime behavior that poses safety risks, such as not allowing pilot access or turning off Automatic Identification Systems without adequate justification; takes steps to ensure vessels flying its flag adhere to measures that lawfully prohibit and regulate ship-to-ship transfers of oil or petroleum products subject to sanctions; takes steps to ensure vessels flying its flag possess adequate and credible insurance to cover the costs of maritime accidents; takes steps to ensure vessels are operating under transparent ownership structures, including by verifying the beneficial ownership and management of vessels; and takes steps to ensure vessels do not avoid flag state or port state control inspections or avoid commercial screenings and inspections.