Government of Canada navigation bar

Symbol of the Government of Canada

Primary site navigation bar

Bilateral arrangement of June 25, 2004 - Letter Form T. C. Collins to Louis Ranger

From T. C. Collins, Commandant of the U. S. Coast Guard to Louis Ranger, Deputy Minister of Transport.

Dear Deputy Minister:

This document presents our intended course of action, and together with your reply confirmation, will constitute a bilateral arrangement between the Canadian Department of Transport and the United States Coast Guard , to address the manner of implementation of amendments to the International Convention for the Safety of Life at Sea , 1974 (SOLAS) and its complementary International Ship and Port Facility (ISPS) Code , as well as United States and Canadian maritime security laws and regulations.

The ISPS Code sets forth mandatory requirements for vessels that are subject to SOLAS ( "SOLAS vessels") and the port facilities serving them, and encourages similar requirements for vessels that are not subject to SOLAS ("non-SOLAS vessels") and the port facilities used by them.

The United States Coast Guard has promulgated regulations, pursuant to the United States' Maritime Transportation Security Act of 2002, implementing the provisions of this Act and the anti-terrorism provisions of the Ports and Waterways Safety Act, 33 U.S.C. § 1226. The United States Coast Guard regulations incorporate the ISPS Code as applicable to SOLAS vessels and the port facilities serving them, and set forth security requirements for non-SOLAS vessels and the marine facilities serving them.

In Canada, regulations have been made under the authority of the Marine Transportation Security Act respecting marine transportation security, including the implementation of the ISPS Code. The Marine Transportation Security Regulations (MTSR) apply to both SOLAS and non-SOLAS vessels, as defined in the MTSR, and to the marine facilities serving them. 

The Canadian Department of Transport and the United States Coast Guard have determined that their respective regulations addressing vessel security plan requirements provide equivalent levels of security. Therefore, the Canadian Department of Transport and the United States Coast Guard, pursuant to their respective regulations, intend to receive and review vessel security plans from their respective nations' flagged SOLAS and non-SOLAS vessels and approve those plans that implement, satisfy and comply with their respective nations' security regulations. Vessels with approved plans will carry evidence of these approvals. In the case of SOLAS vessels, the approved plans will be evidenced by International Ship Security Certificates and, in the case of non-SOLAS vessels, by documents issued by the respective nation. 

Upon your confirmation of this intended course of action, the Canadian Department of Transport and the United States Coast Guard will provide reciprocal recognition and acceptance of one another's approved vessel security plans as evidence of compliance with the vessel security plan requirements set out in Canadian and United States Coast Guard regulations.

With respect to this arrangement:;

Nothing in this arrangement is intended to affect the authority of either the Canadian Department of Transport and the United States Coast Guard to impose control measures or take other appropriate action as a port state if there are clear grounds to believe that a vessel does not comply with its respective vessel security regulations or is not implementing an approved vessel security plan;&

Resolution of specific conflicts that may arise between the Canadian Department of Transport and the United States Coast Guard to this arrangement will ultimately be resolved by the flag administration with jurisdiction over the geographic location of the vessel or facility that is the subject of the conflict at the time the conflict arises;

From time to time, issues may arise requiring clarification of this bilateral arrangement with regard to facts and circumstances not heretofore anticipated. The Canadian Department of Transport and the United States Coast Guard will work together within the framework established in this bilateral arrangement to resolve such issues in a manner consistent with the cooperative spirit that inspired this arrangement; and

The points of contact referenced herein are, for the Canadian Department of Transport, the Director General, Marine Security, and for the United States Coast Guard, the Director of Port Security. 

If the foregoing arrangement is acceptable to the Canadian Department of Transport , I propose that this Letter and your reply in confirmation thereto, shall constitute a bilateral arrangement between the parties to take effect on the date of your reply .

Sincerely,


T. C. Collins
Commandant
U. S. Coast Guard

From Louis Ranger, Deputy Minister of Transport to T. C. Collins, Commandant of the U. S. Coast Guard .

Dear Admiral:

I hereby acknowledge that the Department of Transport accepts the proposals set forth in your letter of June 18, 2004, a copy of which is attached hereto as Schedule 1. This will confirm that your letter and this reply shall constitute a bilateral arrangement between the Department of Transport in Canada and the Coast Guard in the United States. This arrangement comes into effect on the date of this reply.

Yours sincerely,


Louis Ranger

Date modified:
2011-01-26