1. U.S. Transportation Worker Identification Credential (TWIC) Implementation Issues 23 March 2009 Intertanko NAP Stamford, CT

2. OVERVIEW  Review of basic requirements  Application process to obtain a TWIC  “Acceptable” visa categories  The issue  Chronology of dialog with U.S. government agencies

3. BASIC REQUIREMENTS – WHERE & WHAT, WHOM & WHEN?  Where & What?  Secure areas of U.S. vessels w/MTSA VSP  Secure areas of U.S. facilities w/MTSA FSP  Unescorted access to TWIC holders only at the option of the facility  Whom?  U.S. licensed/documented seafarers must have a TWIC  Anyone desiring unescorted access as above  When – fully implemented by 15 April 2009  TWIC implementation experience to date – many facilities reluctant to provide escorts

4. APPLICATION PROCESS  Application – appear in person at contractor (Lockheed Martin) run TWIC Center in U.S. port areas with appropriate “documentation”  Documentation requirements on TWIC web site:  U.S. Citizen  Non-citizen, immigrant/work status  Non-citizen, non-immigrant status – various employment authorizations or passport and visa on “Acceptable Categories” list  Relevant U.S. government agencies  U.S. Coast Guard (USCG) – field enforcement  Transportation Security Administration (TSA)  Department of Homeland Security (DHS)  Department of State (DOS)

5. DOCUMENTATION: NON–IMMIGRANT VISA ACCEPTABLE CATEGORIES (49 CFR 1572.105) (1) B-1/OCS Business Visitor/Outer Continental Shelf; (2) C-1/D Crewman Visa; (3) H-1B Special Occupations; (4) H-1B1 Free Trade Agreement; (5) E-1 Treaty Trader; (6) E-2 Treaty Investor (7) E-3 Australian in Specialty Occupation; (8) L-1 Intracompany Executive Transfer; (9) O-1 Extraordinary Ability; (10) TN North American Free Trade Agreement; or (11) Another authorization that confers legal status, when TSA determines that the legal status is “comparable” to the legal status set out in paragraphs 1-9.

6. THE ISSUE  Non-U.S. citizen industry shore staff requiring access to vessels through MTSA regulated terminals – superintendents, CSO, crewing managers, ISM and other auditors, etc. use B-1or B-1/B-2 visas. These are not on the “Acceptable Categories” list.  Applications supported by B-1 and B-1/B-2 visas and payment accepted at TWIC centers but notice received 1 month later of IDTA and denial with 60 day appeal period before FDTA.  “…you pose or are suspected to pose a security threat…unable to verify your immigration status”  So - many applications put on hold pending resolution  Began dialog with USCG and TSA to consider acceptance of B-1 and B-1/B-2 as “comparable” to other visas.

7. DIALOG - U. S. GOVERNMENT AGENCIES - 2008  Began dialog with USCG and TSA staff in early March 2008  Submitted proposal to TSA and USCG late March 2008:  Add B-1/B-2 to the “acceptable” list, or  Develop B-1/ “maritime” visa designation and issue TWIC with supporting letter from employer as “comparables”  Strong support from Intertanko, BIMCO, Chamber of Shipping of America (CSA), General Maritime, OSG, AET, Anglo- Eastern, UK P&I – twelve letters of support written to TSA  Continued dialog with USCG and TSA through end of 2008 as USCG, DHS and TSA considered various options  USCG very supportive of industry need during this time

8. DIALOG - U. S. GOVERNMENT AGENCIES - 2009  Meeting with USCG senior policy makers, 6 January 2009  North Star, Intertanko, CSA, GMM, OSG, Blank Rome  Same group met with DHS/TSA senior policy makers, 23 January 2009 after USCG arranged meeting  Provided post-meeting submission on 18 February 2009 to USCG, DHS and TSA to answer questions, re-state earlier “comparables” proposal variation  Late February, provided DHS sample employer letters to DOS consulates for B-1 issuance  DHS now in discussion with DOS to develop B-1 visa “maritime” designation using employer/DOS letters as basis for delineation of “maritime” applicants from the larger B-1 group

9. THANK YOU – QUESTIONS?