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International Safe Container Act – Overview and Summary of Requirements

  • By: Staff Editor
  • Date: October 14, 2011
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The International Safe Container Act, Chapter 805 of Title 46 of the CFR, details the requirements for application and compliance with the International Convention for Safe Containers signed in 1972 in Geneva. The Act was signed into law in 1977.

 
The International Safe Container Act is divided into the following sections:
 
  • § 80501. Definitions
  • § 80502. Application of Convention
  • § 80503. General authority of the Secretary
  • § 80504. Approval and examination
  • § 80505. Enforcement
  • § 80506. Delegation of authority
  • § 80507. Employee protection
  • § 80508. Amendments to Convention
  • § 80509. Civil penalty
 
Summary of Requirements
 
Application:
 
The International Safe Container Act states that the International Convention for Safe Containers applies to “an owner of a container used in international transport if the owner is domiciled or has its principal office in the United States.”
 
Conditions for approval and examination
 
The International Safe Container Act discusses the approval and examination requirements for containers under three possible scenarios:
 
  • Domicile and Principal Office in the United States: If the container owner is domiciled in the US and has its principal office in the country as well, then the container should be:
    • Approved using procedures, in accordance with the Convention, instituted by the Secretary overseeing the US Coast Guard (at present the Department of Homeland Security or DHS) and
    • Examined periodically using procedures, in accordance with the Convention, instituted by Secretary of the DHS
  • Domiciled or Principal Office in the United States: If the container owner is domiciled in the US or has its principal office in the country, then the container should be:
    • Approved using procedures, in accordance with the Convention, instituted by the Secretary of the DHS and
    • Examined periodically using procedures, in accordance with the Convention, prescribed by the government of the country in which the owner is domiciled or has its principal office, as long as that country is a party to the Convention.
  • Neither Domicile nor Principal Office in the United States: If the container owner is neither domiciled nor has its principal office in the US or in a country that is a signatory to the Convention, then it should submit the container for initial approval and periodic examination under procedures prescribed by the Secretary of the DHS.
 
     
 

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Enforcement
 
According to the Act, in order to enforce the Geneva Safe Container Convention, the Secretary of the DHS has the authority to:
 
  • Examine, or require to be examined, containers in international transport
  • Approve designs for containers
  • Inspect and test containers being manufactured
  • Issue a detention order removing or excluding a container from service until the container owner Convention standards, especially if it: 
    • does not have a safety approval plate attached to it; or
    • has a safety approval plate attached but there is significant evidence that the container is in a condition that creates an obvious risk to safety
  • Take other appropriate action, including issuing necessary orders, to remove a container from service or restrict its use if the container is not in compliance with the Convention or the Act
  • Allow a container found to be unsafe or without a safety approval plate to be moved to another location for repair or other disposition, under restrictions consistent with the intent of the Convention.
 
According to the Act, the Secretary can also issue a notice to a country that issues a defective safety approval plate.
 
Whistleblower protections
 
The International Safe Container Act has strict whistleblower protections that make it illegal for container owners to take punitive, retributive actions against employees who report the existence of unsafe containers or violations of the International Safe Container Act or the Geneva Convention on safe containers.
 
Employees who have been discharged from their duties or discriminated against in any way for turning whistleblower can file complaints against their employer with the Secretary of Labor. The complaint has to be filed within 60 days of any punitive, retributive action taken against the employee.
 
Penalties for punishing whistleblowers under the Act include appropriate compensation to the employee or reinstatement of the employee to his or her appropriate role and back pay.
 
Additional Resources
 
Read the International Safe Container Act in full

 

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