AREA PORT OF NEW ORLEANS
SUBJECT: Requirements for Vessels with Discrepancies in Owner/Operator Names on Vessel Registry and Certificate of Financial Responsibility (COFR)
This notice provides guidance to stakeholders regarding the documentation required when the owner and operator names on a vessel's registry and its Certificate of Financial Responsibility (COFR) do not match. This ensures proper identification of the responsible party for vessels operating in U.S. waters.
When CBP encounters a vessel where the owner and operator names on the vessel registry and the COFR do not align, the following documentation is required to clarify the operational responsibility:
- An up-to-date Continuous Synopsis Record (CSR) is the most reliable document to resolve discrepancies as it clearly lists the current owner and operator and demonstrates a matching relationship between the entities. The CSR provides a comprehensive history of the vessel's ownership and operational changes.
- If a Continuous Synopsis Record (CSR) is not available or does not sufficiently clarify the relationship, a Bareboat Charter Letter is acceptable. This letter must be:
- On the owner's official letterhead.
- Signed by the owner of the vessel.
- Explicitly grant permission to the bareboat charter (operator) to operate the vessel.
- A bareboat charter agreement typically transfers exclusive control and responsibility for the vessel's operation and maintenance to the charterer for the charter term.
CBP will verify the owner and operator names on the vessel's registry and COFR during Vessel Entrance and Clearance System (VECS) filings review. If a discrepancy is identified, CBP will request a valid CSR or bareboat charter letter that accurately reflects the current owner and operator, and that the information aligns with the COFR.
Failure to provide adequate documentation to verify the vessel’s operational responsibility may result in significant delays and/or the withholding of the clearance.
For any questions regarding this trade notice, please contact Port Director James Welch at james.j.welch@cbp.dhs.gov.
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