§ 9101 — Standards For Foreign Tank Vessels

(1) The Secretary shall evaluate the manning, training, qualification, and watchkeeping standards of a foreign country that issues documentation for any vessel to which chapter 37 of this title applies— (A) on a periodic basis; and (B) when the vessel is involved in a marine casualty required to be reported under section 6101(a)(4) or (5) of this title. (2) After each evaluation made under paragraph (1) of this subsection, the Secretary shall determine whether— (A) the foreign country has standards for licensing and certification of seamen that are at least equivalent to United States law or international standards accepted by the United States; and (B) those standards are being enforced. (3) If the Secretary determines under this subsection that a country has failed to maintain or enforce standards at least equivalent to United States law or international standards accepted by the United States, the Secretary shall prohibit vessels issued documentation by that country from entering the United States until the Secretary determines those standards have been established and are being enforced. (4) The Secretary may allow provisional entry of a vessel prohibited from entering the United States under paragraph (3) of this subsection if— (A) the owner or operator of the vessel establishes, to the satisfaction of the Secretary, that the vessel is not unsafe or a threat to the marine environment; or (B) the entry is necessary for the safety of the vessel or individuals on the vessel. (b) A foreign vessel to which chapter 37 of this title applies that has on board oil or hazardous material in bulk as cargo or cargo residue shall have a specified number of personnel certified as tankerman or equivalent, as required by the Secretary, when the vessel transfers oil or hazardous material in a port or place subject to the jurisdiction of the United States. The requirement of this subsection shall be noted in applicable terminal operating procedures. A transfer operation may take place only if the crewmember in charge is capable of clearly understanding instructions in English.