ADDITIONAL ARTICLES, LETTERS, AND STATEMENTS 



Questions Submitted by the Committee Regarding the 1954 Convention on 

 THE Prevention of Pollution of the Sea by Oil, and the 1969 and 1971 

 Amendments Thereto 



1954 Convention 



1. What is the number of proven violations of this treaty on a world-wide basis 

 since its operative date? 



This information is not currently available to the Coast Guard. Hovpevei 

 Articles X(2) and XII of the Convention require that reports of proceedings 

 taken in respect of alleged contraventions of the Convention and of the results of 

 the application of the provisions of the Convention be sent to the Intergovern- 

 mental Maritime Consultative Organization (IMCO). Accordingly we have re- 

 quested this information from IMCO. When it is received we shall forward it to 

 your committee for your consideration. 



2. Hoic many violations can be attributed to U.S. flag vessels? How many con- 

 victions and/or penalties have resulted? How many violations were detected be- 

 tiveen 12 and 50 miles? 



During the period from 1969 through 1972, the Coast Guard has investigated 

 seven violations of the 1954 Convention by foreign vessels in prohibited zones off 

 United States shores. One violation by a United States vessel of the Oil, Pollu- 

 tion Act of 1961, as amended, was detected in Cook Inlet, Alaska. Two violations 

 of the Convention by United States vessels were reported to the United States 

 Government by foreign governments, Canada and France. In the Cook Inlet in- 

 cident, the Coast Guard initiated personnel action under R.S. 4450 against the 

 master of the vessel. The violation reported by Canada resulted in the suspension 

 for three months of licenses and documents issued to the master of the vessel by 

 the Coast Guard. The violation reported by France is under investigation. Only 

 two violations of either the Convention or the Oil Pollution Act of 1961, as 

 amended, were detected beyond 12 miles from United States shores, both involving, 

 foreign vessels. Two more oil pollution incidents were detected between 12 and 

 50 miles, both involving foreign vessels under flags of nations not signatory to the 

 1954 Convention. 



3. What arc the sanctions which can be brought against an offending vessel 

 or master? 



Under the domestic statute implementing the provisions of the Convention, 

 the Oil Pollution Act of 1961, as amended, the following sanctions are available 

 against ships of American registry or nationality and their owners, operators, 

 agents, masters, officers, or employees : 



a. For the violation of the prohibition against oil discharge and any regulation 

 promulgated with respect to this prohibition. 



XI) Fine not exceeding $2,.500 nor less than $500; imprisonment not exceed- 

 ing one year, or both (misdemeanor). 



(2) In rem liability in the amount of pecimiary penalty specified in (1) for 

 a ship violating that prohibition or regulation. 



(3) Denial of clearance of such a ship from a port in the United States until 

 the penalty is paid. 



(4) Suspension or revocation of the license issued to the master or other 

 licensed officer of such a ship under RS 4450. 



b. For the violation of regulations implementing Article VII of the Conven- 

 tion — civil penalty not in excess of $100. 



c. For the failure to comply with the requirements imposed by the Act respect- 

 ing the maintenance of an oil record book — fine not exceeding $1,000 nor less 

 than $500. 



d. For making a false or misleading entry in oil record book or other records 

 required to be maintained under the Act or regulations promulgated there- 

 under — fine not exceeding $1,000 nor less than $500, imprisonment not exceeding 

 six months, or both. 



(187) 



