Marine Safety Information
BulletinCommandant
U.S. Coast Guard
Inspections and Compliance Directorate
2703 Martin Luther King Jr Ave, SE, STOP 7501
Washington, DC 20593-7501

MSIB Number: 13-23, CH. 2
Date: January 9, 2024
Phone: (202) 372-1222
E-Mail: flagstatecontrol@uscg.mil

Coast Guard Policies to Address Sexual Assault and Sexual
Harassment Prevention and Response on Vessels
The James M. Inhofe National Defense Authorization Act (NDAA) for the Fiscal Year 2023 included
new requirements under Title 46 of the United States Code (U.S.C.) to enhance crew safety on certain
commercial vessels and to prevent and respond to sexual misconduct, which includes sexual assault andsexual harassment, and harassment within the maritime industry. The Coast Guard has released policies
to provide guidance on implementation of several of the new laws. The maritime industry should beaware of the changes highlighted below.
Master Key Control System (46 U.S.C. § 3106). Applicable vessels are now required to establish amaster key control system and related provisions for use of master keys. The Coast Guard released CGCVC Policy Letter 23-06 to provide initial guidance on the installation and management of a master key
control system and information retention.
Safety Management System (SMS) (46 U.S.C. § 10104(e) and 46 U.S.C. § 3203). 1 Companies andvessels should have documented policies and procedures within the SMS to ensure compliance with thereporting and after-action summary requirements of 46 U.S.C. § 10104 related to harassment, sexualharassment, and sexual assault. 2 These procedures should be documented as soon as possible in theSMS. The Coast Guard or Recognized Organizations may conduct investigatory audits as required by 46U.S.C. § 10104(e) and may suspend or revoke a Document of Compliance (DOC) or Safety
Management Certificate (SMC) in accordance with 46 U.S.C. § 3203(c).
Surveillance Requirements & Response Training (46 U.S.C. § 4901). Applicable vessels are now
required to install and maintain video and audio surveillance equipment and retain recordings for aspecified time. In addition, vessel owners and employers are required to train crewmembers inresponding to and reporting sexual assault and sexual harassment. The Coast Guard released CG-CVC
Policy Letter 23-05 to provide initial guidance on the installation of surveillance requirements and otherprovisions to meet the mandatory deadlines.
Display of Information in Crew Berthing Areas (46 U.S.C. § 11101). Crew berthing and washing areas
must now prominently display details concerning company policies, how to report issues, and steps toThe Coast Guard updated CG-CVC-WI-004 – Flag State Interpretations of the ISM Code, which includes discussion on therequirements in 46 U.S.C. § 10104 and 46 U.S.C. § 3203.
246 U.S.C. § 10104(e) and 46 U.S.C. § 3203(a)(5).
1This release has been issued for public information and notification purposes only.

MSIB Number: 13-23, CH. 2
Date: January 9, 2024

respond to sexual assault and sexual harassment. The Coast Guard released CG-CVC Policy Letter 2304 to provide initial guidance on the applicability and implementation of these requirements.
These policies are intended to assist vessel owners and operators in understanding and adhering to thenew and modified provisions set out by the 2023 NDAA. It is imperative for industry stakeholders tofamiliarize themselves with these updates to ensure compliance with the mentioned sections of Title 46of the United States Code. Please see the list of Policy Letters and Work Instructions on the Office ofCommercial Vessel Compliance (CG-CVC) website. See MSIB 01-23 for further information onreporting sexual misconduct on U.S. vessels.
For further information on these policy documents, please email the Coast Guard’s Office ofCommercial Vessel Compliance (CG-CVC) at cgcvc@uscg.mil.

Frequently Asked Questions
DISCLAIMER. This guidance is not a substitute for applicable legal requirements, nor is it itself a rule. It is not intended to,nor does it impose legally binding requirements on any part. It represents the Coast Guard’s current thinking on this topic andmay assist industry, mariners, and the public, as well as other federal and state regulators, in applying statutory andregulatory requirements. You can use an alternative approach for complying with these requirements if the approach satisfies
the requirements of the applicable statutes and regulations. If you want to discuss an alternative approach (you are notrequired to do so), you may contact the Coast Guard Office of Commercial Vessel Compliance at the email listed above.

This MSIB is updated with information on frequently asked questions relevant to the implementation ofthe policy letters and laws described above. The information below is organized by topic.

CVC Policy Letter 23-04: GUIDANCE ON STATUTORY INFORMATIONREQUIREMENTS WITHIN ACCOMMODATION SPACES ON MERCHANTVESSELS
 Question: Policy Letter 23-04 makes reference to crew washing spaces regarding placement ofposted notices for reporting procedures and resources, related company policies, retaliation anddrug and alcohol usage. Is posting in the common areas of the accommodation house sufficient?
Response: In accordance with 46 U.S.C. § 11101, information must be posted in each crew
berthing area and in each required crew washing space. The statute does not provide allowance forconsolidating information into a single or few spaces and does not detail alternative arrangements.
Vessels should be sure to post information in every space required by law.
 Question: Policy Letter 23-05 for surveillance systems makes reference to a statutory timeline forcompliance. Why is there no compliance deadline mentioned in Policy Letter 23-04?
Response: Title 46 U.S.C. § 11101 does not include a delayed effective date for compliance. In
contrast, 46 U.S.C. § 4901 requires video and audio surveillance equipment to be installed no later
than two (2) years after the enactment of the Coast Guard Authorization Act of 2022, or during thenext schedule drydock, whichever is later.

This release has been issued for public information and notification purposes only.

MSIB Number: 13-23, CH. 2
Date: January 9, 2024

 Question: Must a vessel post information in a shared washroom or the individual washrooms
within cabins?
Response: Per 46 U.S.C. § 11101, each crew berthing area and required washing spaces must beequipped with specified information. While the statute also covers broader accommodation
requirements and specific requirements for the size of washing spaces, it does not specify whether
certain washing spaces would be exempt. However, the applicable statute does not require
information for individual crew berthing areas. We advise the owners to ensure that each berthingarea is equipped with the required information (Note: “Washing spaces” are required for merchantvessels having more than 10 seafarers on deck).
 Question: Referencing Policy Letter 23-04, crew berthing areas must be equipped with, among
other things, vessel owner or company policies prohibiting sexual assault and sexual harassment,
retaliation, and drug and alcohol usage. Is this a requirement to print all policies and procedures andpost them on the bulkheads, which could consist of hundreds of pages? Is a stateroom binder withdirections on how to access these specific policies in the SMS sufficient?
Response: Title 46 U.S.C. § 11101 states that vessels must equip spaces with information regarding
vessel owner or company policies prohibiting sexual assault and sexual harassment, retaliation, anddrug and alcohol use. The law does not mandate that the policies themselves be posted. In Policy
Letter 23-04, we advise that “statements within the signage should be clear and concise and easy for
all expected viewers to understand.” Question: Are restrooms considered washing spaces?
Response: Per 46 U.S.C. § 11101, a vessel with more than 10 seafarers must have at least one
washing space. If a restroom serves to meet the washing space requirements, it would be required tobe equipped with the required information. There are many different terms used within Title 46 torefer to spaces reserved for a vessel’s crew. This terminology is not always consistent acrossvarious laws and regulations. In any regard, the Coast Guard encourages vessels to err on the sideof caution and post information for the crew when a vessel is not constructed with a crew berth orwash space to ensure they are consistently informed on policies and procedures for reporting sexual
misconduct.
 Question: If a vessel has no accommodation spaces, is that vessel exempt from the requirements?
Response: Title 46 U.S.C. § 11101 does not create specific exemptions based on the vessel’s
configuration. Information must be posted in all areas required by law.
 Question: If a vessel has received tonnage measurement under requirements for both the regulatory
measurement (i.e., “GRT”) and convention measurement (i.e., “ITC”), what measurement should be
used to determine applicability?
Response: For vessels assigned both Convention Measurement System (GT ITC) and Regulatory
Measurement System (GRT) tonnages, the vessel’s GRT tonnage should be used to determine theapplicability of 46 U.S.C. § 11101. For vessels not assigned a GRT tonnage, the vessel’s GT ITC
tonnage should be used to determine the applicability of 46 U.S.C. § 11101.
This release has been issued for public information and notification purposes only.

MSIB Number: 13-23, CH. 2
Date: January 9, 2024

CVC Policy Letter 23-05: GUIDANCE ON SURVEILLANCE REQUIREMENTS FOR
CERTAIN COMMERCIAL VESSELS THAT DO NOT CARRY PASSENGERS
 Question: Our company currently intends to manage surveillance with shoreside personnel. Woulddoing so alleviate the need to train the ship’s crew?
Response: Limiting training to only shoreside personnel cannot conceivably meet the requirements
in 46 U.S.C. § 4901. The statute states that “all individuals employed by the owner or employer forthe purpose of responding to incidents of sexual assault or sexual harassment” must receive therequired training. This training includes not only the retention of audio and visual records, but otherevidence. The training also must include “applicable Federal, State, Tribal, and local laws andregulations regarding sexual assault and sexual harassment investigations and reportingrequirements.” 3 Limiting required training to only those shoreside staff is not consistent withstatutory requirements as a vessel’s master is considered a “responsible entity” who is required by
46 U.S.C. § 10104 to report incidents. In addition, various crewmembers may have to preserve
other evidence.
 Question: Will the Coast Guard publish regulations on the technical requirements and standards foraudio and visual surveillance equipment?
Response: The Coast Guard is determining whether regulations are appropriate. In the meantime,
CVC Policy Letter 23-05 provides general guidance on the overall quality of the system. While thelaw does not mandate performance thresholds, the viewer of the video footage should be able toidentify persons and their actions in all ambient lighting conditions anywhere in the covered space.
The listener of the audio recordings should be able to discern conversations and words spoken in allforeseeable noise conditions.
 Question: Does the “next drydocking” term mean “out of water” or “next survey date?”
Response: Title 46 U.S.C. § 4901(c)(1) requires the installation of video and audio surveillance
equipment aboard applicable vessels not later than December 23, 2024 or during the next scheduled
drydock, whichever is later. The term “next scheduled drydock” is used without distinction ofsurvey. We advise that owners ensure compliance with the requirements at the next scheduled
drydocking (i.e., vessel out of the water) of the vessel if that scheduled drydocking is beyond twoyears from the date of enactment. Otherwise, compliance is mandated on December 23, 2024,
which is two years from enactment.
 Question: Can the required video cameras be motion activated?
Response: The statute does not specify details about motion activated video cameras. However, theCoast Guard advises against motion activated cameras. As stated in CVC Policy Letter 23-05, it isrecommended that video and audio recordings be continuous and without interruption.

346 U.S.C. § 4901(g)(2)This release has been issued for public information and notification purposes only.

MSIB Number: 13-23, CH. 2
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 Question: Per 46 U.S.C. § 4901(f), all records of audio and visual surveillance must be retained for
not less than one year after the footage is obtained. The law also states that any video and audio
surveillance found to be associated with an alleged incident should be preserved for not less than
five years from the date of the alleged incident. What do we do if a person alleges an incident that ismore than one year before the date reported?
Response: In accordance with 46 U.S.C. § 4901(f), any video and audio surveillance found to be
associated with an alleged incident should be preserved for not less than five years. It isconceivable that a responsible entity may not become aware of an incident for one or more years
after the alleged incident. As such, the audio and visual records may have been removed consistent
with statutory retention requirements. 4 This question highlights the importance of policy,procedures, and training related to reporting sexual misconduct and preserving evidence.

CVC Policy Letter 23-06: GUIDANCE ON MASTER KEY CONTROLREQUIREMENTS ON MERCHANT VESSELS
 Question: If my vessel does not have a master key, am I exempt from the requirements?
Response: Title 46 U.S.C. § 3106 does not specifically exempt vessels that do not have a masterkey nor does the law make the overall requirements contingent upon having a master key. The
Coast Guard advises that all applicable vessels have a documented system in place. The Coast
Guard also advises that a “master key” generally refers to a single or multiple keys or electronic
access device that enables access to multiple, if not all, secure spaces.
 Question: Do the master key control requirements only apply to staterooms or does they apply to
any space that can be locked, such as storerooms, restrooms, the pilot house, machinery space, etc?
Response: Title 46 U.S.C. § 3106 makes no distinction regarding the types of spaces covered nor
does it exempt certain spaces. The Coast Guard advises that a “master key” generally refers to asingle or multiple keys or electronic access device that enables access to multiple, if not all, securecompartments, rooms, or areas on the vessel, especially staterooms, bathrooms, changing rooms,
and any other space that when locked by individual occupants, are intended to be inaccessible toothers without a master key.
 Question: Policy Letter 23-05 for surveillance systems makes reference to a statutory timeline forcompliance. Why is there no compliance deadline mentioned in Policy Letter 23-06?
Response: Title 46 U.S.C. § 3106 does not include a delayed effective date for compliance. In
contrast, 46 U.S.C. § 4901 requires video and audio surveillance equipment to be installed no later
than two (2) years after the enactment of the Coast Guard Authorization Act of 2022, or after thenext scheduled drydock, whichever is later.
 Question: Policy Letter 23-06 advises that rekeying may be necessary based on crew changes or
potential compromises. Does the Coast Guard expect a company to rekey a vessel each time a key
is lost or missing?
446 U.S.C. § 4901(f).

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MSIB Number: 13-23, CH. 2
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Response: Title 46 U.S.C. § 3106 does not specifically require rekeying, but rather states that theowner must ensure a vessel is equipped with a system that “provides controlled access to all copiesof the vessel’s master key.” The Coast Guard advises that periodic rekeying may be necessary
based on crew changes or potential comprises. The decision is up to the company as long as thesystem maintains controlled access to all copies of the vessel’s master key or keys.
 Question: Are vessels required to add locks to applicable spaces if they do not have locks?
Response: Title 46 U.S.C. § 3106 mandates that a master key control system be maintained rather
than specifying what rooms require keys. The Coast Guard advises that the objective of ensuringpersonal safety and security onboard vessels should be met. Vessels should consider safety ofstaterooms, bathrooms, changing rooms, and other spaces occupied by individuals.

CVC-WI-004(3): Flag State Interpretations of the ISM Code Question: Page 10 of CVC-WI-004(3) lists “Statutory reporting and actions for incidents ofharassment, sexual harassment, and sexual assault” as a risk that should be evaluated and included
in a system of drills and exercises. What is the prescribed timeline for drills and exercises related toreporting sexual misconduct? Are they to be completed for each vessel or for the company?
Response: “Statutory reporting and actions for incidents of harassment, sexual harassment, andsexual assault” is one (1) of 22 risks identified in CVC’s Work Instruction, titled “Flag State
Interpretations of the ISM Code.” The company should establish a program of drills and exercises,
as appropriate for each risk identified. The Coast Guard has not provided for mandated intervals
beyond existing requirements in various regulatory subchapters and international conventions.
 Questions: Are these requirements applicable to vessels that voluntarily comply with the ISM Codeand hold a Statement of Voluntary Compliance (SOVC)?
Response: Yes, as described in CVC-WI-004 – Flag State Interpretations of the ISM Code, theissuance, maintenance, and revocation of the SOVC is administered in a manner identical to therequired ISM Code certificates.
-uscg-This release has been issued for public information and notification purposes only.