USA Law and Practice Contributed by: Seward & Kissel LLP, Seward & Kissel LLP
1. Maritime and Shipping Legislation and Regulation 1.1 Domestic Laws Establishing the Authorities of the Maritime and Shipping Courts Subject-matter jurisdiction over maritime dis - putes is held by the US federal courts. State and federal courts have concurrent jurisdiction over many matters that are not specifically in admiral - ty, and personal injury claims are often brought in state courts. However, certain claims such as vessel arrests, ship-mortgage foreclosures and attachment proceedings that present maritime disputes must be brought in federal courts. Just as there are no specialised first-instance courts specifically established for maritime matters, appeals of maritime matters in the federal sys - tem are handled by the Circuit Courts of Appeal, and (rarely and on a discretionary basis) by the Supreme Court of the United States. 1.2 Port State Control The US Coast Guard is responsible for port state control and enforces compliance with regula - tions under: • the International Convention for the Safety of Life at Sea, 1974 (SOLAS); • the International Convention for the Preven - tion of Pollution from Ships, 1973 (MARPOL); • the International Ship and Port Facility Secu - rity (ISPS) Code; and • other applicable laws and international con - ventions on vessels trading in US ports. The Coast Guard is authorised to conduct exam - inations and enforce compliance with the laws and regulations within its ambit, and to detain or deny entry to the territorial waters of the United States for vessels operating outside acceptable standards. The Coast Guard may issue civil pen -
alties for deficiencies, and vessels subject to a detention may be required to post a bond or let - ter of undertaking (LOU) covering the amount of the penalty to gain entry to a US port or obtain clearance to depart, or as security for possible fines. The Coast Guard has broad investigatory authority over marine casualties, and prepares and publishes reports on findings of fact, results of analysis, conclusions and recommendations. The National Transportation Safety Board (NTSB) also has investigative authority over marine cas - ualties, and is concerned with determining the probable cause of those casualties and identify - ing safety recommendations to prevent similar events from occurring in the future. Finally, the Coast Guard also functions as a law enforcement agency that may conduct criminal investigations separately or in co-ordination with other federal agencies, such as the Department of Justice and the Environmental Protection Agency, which may result in the issuance of fines or other sanctions, including (in some circum - stances) criminal prosecution, for violations of security and environmental regulations. 1.3 Domestic Legislation Applicable to Ship Registration The primary regulatory bodies for maritime activ - ities in the United States include the US Coast Guard, the Maritime Administration, and US Customs and Border Protection. Vessel registration, mortgage recordation, and safety and technical inspections are primarily the responsibility of the Coast Guard. Registration of vessels and recordation of mortgages are han - dled by the Coast Guard through the National Vessel Documentation Center (NVDC). Vessels
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