While a Congressional subcommittee was holding a field hearing on maritime
security issues in the Port of New York and New Jersey on March 26, four
undocumented Pakistani seamen were on the lam somewhere near Norfolk, home
port to a large fleet of U.S. Navy carriers, combatants and support
vessels.
According to a report in The Washington Post a day earlier, the four were
among 27 foreign officers and crew members cleared by the U.S. Immigration
and Naturalization Service for shore leave from a merchant ship owned in
Russia and registered under the Maltese flag of convenience. The ship, a
chemical tanker, was allowed to depart Norfolk without the missing
personnel, the Post report said.
According to the account by Cheryl W. Thompson, one of the Pakistani
nationals "had committed an immigration law violation in Chicago several
years ago," a relevant point that got by the local INS agent, who had
reportedly entered the wrong birth date for the individual during a
computer background check. The newspaper also reported that the INS agent
had waived visa requirements for the 27 without following "protocol,"
including approval by a "senior level administrator."
While ship-jumping by foreign mariners in the U.S. is nothing new, this
incident was significant in the context of last Sept. 11, when the U.S.
came under deadly and destructive attack by Islamic terrorists aligned with
Osama bin Laden and his worldwide al-Qaeda organization.
A nation still edgy over 9-11 took note of four illegal aliens from
Pakistan--where popular support for bin Laden and his cause is known to be
strong--disappearing into the U.S. While no one wanted to "profile" or
presume criminal intent, there was discomfort over the prospect of the four
blending seamlessly into any number of communities, as the 19 al-Qaeda
operatives who carried out the strikes against the World Trade Center in
New York City and the Pentagon had done.
Reports April 9 said one of the Pakistanis had been arrested in
Houston--another strategic port, with its concentration of tanker
terminals, oil storage tanks, and refineries. The reports also said foreign
nationals on as many as 40 foreign-flag merchant ships throughout the U.S.
had been approved for shore time without visas.
Such incidents helped bring into focus a grim truth addressed widely in
Congress, in the administration, and in state and local governments since
Sept. 11--with more than 300 ports handling foreign trade, the U.S. is
vulnerable to maritime-related terrorist strikes in heavily populated
cities on all deep-sea coasts and along the Great Lakes through the St.
Lawrence Seaway.
Officials have discussed the potential use of ships as weapons, the
possibility of terrorists stowing away on U.S.-bound ships, the prospect of
foreign-flagged cargo or cruise ships providing crew cover for terrorists,
and the possible use of cargo containers to conceal weapons, explosives,
chemical and biological warfare agents, and "dirty nukes," the crude bombs
experts say can scatter medical or industrial radioactive waste over wide
areas (only two percent of the containers arriving in U.S. ports each year
are actually inspected by U.S. Customs).
But there is a broader issue that warrants consideration at the highest
levels--excessive U.S. reliance on foreign-flagged ships and foreign crews
for routine international trade and even for defense work.
Foreign-flagged cargo ships now carry better than 97 percent of U.S.
commercial imports and exports. Many of these ships are registered in
unaccountable flag of convenience countries like Liberia (which has been
said to use ship registry revenues to help finance a brutal rebel faction
in neighboring Sierra Leone) and Panama (awash in fraudulent seafarer
certificates and licenses for sale).
Vessel ownership is often difficult if not impossible to determine, there
is rarely a link between beneficial owners and the flag state (foreign-flag
ship owners are now resisting U.S. Coast Guard calls for greater ownership
"transparency"), and U.S. laws and regulations do not apply.
Crews for most foreign-flagged ships serving U.S. trade are typically
recruited from Third World countries, many with large Muslim populations,
including Indonesia, the Philippines, Pakistan and states of the former
Soviet Union. They often live and work at sea under harsh conditions,
logging long hours for little pay and no benefits. They are often subject
to dismissal anywhere in the world--including the U.S.--without recourse
and without repatriation. Would anyone be surprised to learn that many of
these mariners resent or even hate the U.S. and the industrialized West for
what they represent?
Foreign-flag ships are also used to an unnerving extent by the U.S. Navy's
Military Sealift Command, which too often charters them for support
services abroad. During the Persian Gulf war in 1990 and 1991, for example,
MSC was able to charter foreign-flagged ships to cover U.S.-flag capacity
shortfalls, but only at rates many analysts said were excessive. And there
were documented cases of foreign crews--many of them Muslim--refusing to
bring U.S. defense cargoes to the war zone.
Given the preeminence of foreign-flagged ships (especially flags of
convenience) in U.S. trade, and given the nature of the new enemy, the
theoretically possible is looking more and more like the statistically
probable--let enough dogs in the yard, and one of them is bound to bite
you.
Just something else for U.S. officials to think about as they develop U.S.
port and waterway security policy.
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