USCG Port State Control
USCG uses multifactor targeting; flag eligibility is only the first condition and an individual vessel must be accepted and enrolled in QUALSHIP 21 to receive its incentives.
Operational Explanation
USCG targeting considers the risk matrix, vessel history, Company/RO/flag performance, type or event, local information and random controls. Absence from QUALSHIP 21 does not prove boarding at a majority of port calls.
Regulatory Reference
The legal basis exists and is written down. The US Coast Guard's power to inspect a foreign ship comes not from a Memorandum but from US federal law: 46 U.S.C. Chapter 33 on the inspection of foreign vessels, with § 3303(a) governing reciprocal acceptance of certificates issued by SOLAS parties, § 3711 requiring the Certificate of Compliance for tank vessels, § 3316(c) on recognition of classification societies, and the Ports and Waterways Safety Act. On the regulatory side: 33 CFR Part 151 (MARPOL and ballast water), Parts 154-156 (pollution prevention during transfers), Part 160 (notice of arrival and Captain of the Port orders), Part 164 (navigation safety). Inspection policy sits in COMDTINST 16000.73, Marine Safety: Port State Control (September 2021).
The Conventions the US applies in PSC are SOLAS 74, MARPOL 73/78, the Load Lines Convention 1966, STCW, ILO Convention 147 and, for security, the ISPS Code through the Maritime Transportation Security Act of 2002.
MLC 2006 is not among them. The United States has not ratified it, and the Coast Guard says so in writing in NVIC 02-13: “As of the effective date of this NVIC, the United States has not ratified the MLC”, and “Until such time that the United States ratifies the MLC, the Coast Guard cannot mandate enforcement of its requirements for U.S. vessels or for foreign vessels while operating on the navigable waters of the United States”. A ship calling at a US port therefore receives no MLC inspection. Crew living and accommodation conditions are examined under ILO Convention 147, which the United States did ratify and which carries C92 and C133 on crew accommodation as appended Conventions. The ship's MLC certificate keeps its value for other port States, not for the US: presenting it to a USCG examiner is answering a question nobody asked.
The same logic governs ballast water. The regime applicable in US waters is 33 CFR 151 Subpart D, with systems type-approved by the Coast Guard itself under 46 CFR Part 162, not the BWM Convention. A system holding only IMO approval does not by itself satisfy the US requirement.
QUALSHIP 21 is the voluntary recognition programme for high-compliance flag Administrations and ships; eligibility is recalculated each year and published in the USCG Port State Control Annual Report.
Scope of Application
The flag Administration must first be eligible; the individual vessel must then meet criteria, apply, be accepted/enrolled and maintain status. A flag's listing does not automatically enroll all its ships.
Procedure / How to Complete It
- Check USCG targeting applicable to ship and call.
- Distinguish qualified flag from enrolled vessel.
- Check incentives and frequency in current QUALSHIP 21 instructions.
- Prepare evidence under U.S. statutes, regulations and ratified instruments.
Practical Example
Example of management: a Company with a Marshall Islands-flagged fleet, historically QUALSHIP 21, plans its US port calls knowing it faces a significantly reduced probability of boarding compared with a ship flying a flag without this recognition, while maintaining the same baseline documentary preparation required for any PSC inspection.
What Typically Goes Wrong
Common Mistakes Mistake Library
| Mistake | Consequence | How to avoid it |
|---|---|---|
| Assuming that Paris/Tokyo MOU compliance is automatically sufficient for US port calls | Surprise when faced with specific USCG requirements not harmonised with the regional regimes | Always check specific USCG requirements, don't rely only on Paris/Tokyo MOU experience |
| No monitoring of your flag's QUALSHIP 21 status over time | Expectations of reduced boarding no longer valid if the flag loses the status | Check the flag's QUALSHIP 21 status annually in the most recent USCG report |
| Generic documentary preparation, without considering any USCG specifics for the type of cargo carried | Avoidable deficiency on US-specific requirements | Check the specific USCG requirements for ship type and cargo before every US port call |
What the PSCO Checks
Operational Tips
- The United States has not ratified MLC 2006 and USCG does not enforce it as an applicable convention.
- Prepare for U.S. calls under U.S. law and ratified instruments, including ILO 147 where relevant.
- An MLC certificate does not replace evidence required under those authorities; it may be viewed without becoming an MLC enforcement basis.
Preparation checklist
Educational checklist. This summary supports learning and preparation only. It does not replace the vessel’s approved procedures, manuals, statutory documents, company SMS, or applicable official requirements. Completing it demonstrates neither compliance nor readiness for an inspection: it shows that a list has been read, not that the ship is in order. Always verify the current documents carried on board.
- Flag's QUALSHIP 21 status checked in the most recent annual report
- Statutory and class documentation ready to general PSC standards
- Specific USCG requirements for ship type/cargo checked before the port call
- Ship's compliance history actively monitored
- Advance notice periods and arrival notification coordinated with the local agent
FAQ
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Last substantive revision of this page: 31 August 2026 · page fingerprint 3aabfdd935ed