Subscribe to our Mailing Lists (It's free!)
Tuesday, June 6, 2023
SAFETY4SEA
  • Home
  • Safety
    • All
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
    Dover Calais

    Passengers evacuated after experiencing engine room fire

    Navies answer passenger vessel distress call in Strait of Hormuz

    Navies answer passenger vessel distress call in Strait of Hormuz

    filipino seafarers blockchain

    India’s ban on Anglo-Eastern recruiting license put on hold

    Police arrests 4 crewmembers over haul of illicit drugs in South Australia

    TT Club: Freight industry must resist the tidal wave of drug smuggling

  • SEAFiT
    • All
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
    Book Review: A role model for ship managers

    Book review: The politics of sustainability in the Arctic

    contemplation as a spiritual practice

    Contemplation: Directing the mind towards what’s important

    power of hug

    The power of hugging: How it affects our health

    Impostor Syndrome

    Mental Health Focus: How to deal with Impostor Syndrome

  • Green
    • All
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
    carbon capture project

    ABS joins international working group to study onboard carbon capture

    Kongsberg to provide the technology for new Suez Canal tugboats

    Kongsberg to provide the technology for new Suez Canal tugboats

    WinGD and Mitsubishi Shipbuilding ink MoU for ammonia partnership

    WinGD and Mitsubishi Shipbuilding ink MoU for ammonia partnership

    Ardmore Shipping orders carbon capture ready Filtree systems

    Ardmore Shipping orders carbon capture ready Filtree systems

  • Smart
    • All
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
    Strategic Marine and Metizoft Asia sign deal for ESG application

    Strategic Marine and Metizoft Asia sign deal for ESG application

    The Zulu 4 canal vessel completed a 16.5-kilometre circuit using autonomous and remote operations technology

    Kongsberg completes another autonomous vessel operation

    ONE orders 10 vessels ready for methanol and ammonia

    ONE joins GSBN in paperless trade

    Kongsberg completes autonomous operation of coastal vessel

    Kongsberg completes autonomous operation of coastal vessel

  • Risk
    • All
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
    Ship detentions in Paris MoU in February 2021

    AMSA bans bulk carrier Babuza Wisdom for 90 days

    tanker arrested in singapore

    AMSA convicts master and company after pilot ladder injury

    amsa planned maintenance fic

    OCIMF Annual Report 2023: Key amendments and additions under SIRE 2.0

    civil penalties, fines

    Spain fines tanker for illegal STS transfer

  • Others
    • All
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
    ONE takes delivery of massive 24,000 TEU container ship

    ONE takes delivery of massive 24,000 TEU container ship

    Nor-Shipping supporting profitable #PartnerShips

    Nor-Shipping supporting profitable #PartnerShips

    Baltic Exchange: Maritime market highlights 2-8 April

    Baltic Exchange: Maritime market highlights 29 May – 2 June

    What does Europe’s ‘Fit for 55’ mean for shipping?

    FEPORT: Policymakers should ensure a level playing field has context menu

  • Columns
    Ship recycling: A solution for plastic pollution and environmental protection

    Ship recycling: A solution for plastic pollution and environmental protection

    Back To The Future: How Rotor Sails are now a credible option to tackle climate challenge

    Back To The Future: How Rotor Sails are now a credible option to tackle climate challenge

    eu ets maritime

    The EU’s objectives for sustainable shipping

    Trending Tags

    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • Events
  • Plus
No Result
View All Result
  • Home
  • Safety
    • All
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
    Dover Calais

    Passengers evacuated after experiencing engine room fire

    Navies answer passenger vessel distress call in Strait of Hormuz

    Navies answer passenger vessel distress call in Strait of Hormuz

    filipino seafarers blockchain

    India’s ban on Anglo-Eastern recruiting license put on hold

    Police arrests 4 crewmembers over haul of illicit drugs in South Australia

    TT Club: Freight industry must resist the tidal wave of drug smuggling

  • SEAFiT
    • All
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
    Book Review: A role model for ship managers

    Book review: The politics of sustainability in the Arctic

    contemplation as a spiritual practice

    Contemplation: Directing the mind towards what’s important

    power of hug

    The power of hugging: How it affects our health

    Impostor Syndrome

    Mental Health Focus: How to deal with Impostor Syndrome

  • Green
    • All
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
    carbon capture project

    ABS joins international working group to study onboard carbon capture

    Kongsberg to provide the technology for new Suez Canal tugboats

    Kongsberg to provide the technology for new Suez Canal tugboats

    WinGD and Mitsubishi Shipbuilding ink MoU for ammonia partnership

    WinGD and Mitsubishi Shipbuilding ink MoU for ammonia partnership

    Ardmore Shipping orders carbon capture ready Filtree systems

    Ardmore Shipping orders carbon capture ready Filtree systems

  • Smart
    • All
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
    Strategic Marine and Metizoft Asia sign deal for ESG application

    Strategic Marine and Metizoft Asia sign deal for ESG application

    The Zulu 4 canal vessel completed a 16.5-kilometre circuit using autonomous and remote operations technology

    Kongsberg completes another autonomous vessel operation

    ONE orders 10 vessels ready for methanol and ammonia

    ONE joins GSBN in paperless trade

    Kongsberg completes autonomous operation of coastal vessel

    Kongsberg completes autonomous operation of coastal vessel

  • Risk
    • All
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
    Ship detentions in Paris MoU in February 2021

    AMSA bans bulk carrier Babuza Wisdom for 90 days

    tanker arrested in singapore

    AMSA convicts master and company after pilot ladder injury

    amsa planned maintenance fic

    OCIMF Annual Report 2023: Key amendments and additions under SIRE 2.0

    civil penalties, fines

    Spain fines tanker for illegal STS transfer

  • Others
    • All
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
    ONE takes delivery of massive 24,000 TEU container ship

    ONE takes delivery of massive 24,000 TEU container ship

    Nor-Shipping supporting profitable #PartnerShips

    Nor-Shipping supporting profitable #PartnerShips

    Baltic Exchange: Maritime market highlights 2-8 April

    Baltic Exchange: Maritime market highlights 29 May – 2 June

    What does Europe’s ‘Fit for 55’ mean for shipping?

    FEPORT: Policymakers should ensure a level playing field has context menu

  • Columns
    Ship recycling: A solution for plastic pollution and environmental protection

    Ship recycling: A solution for plastic pollution and environmental protection

    Back To The Future: How Rotor Sails are now a credible option to tackle climate challenge

    Back To The Future: How Rotor Sails are now a credible option to tackle climate challenge

    eu ets maritime

    The EU’s objectives for sustainable shipping

    Trending Tags

    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • Events
  • Plus
No Result
View All Result
SAFETY4SEA

US launches updates on corporate crime, with focus on holding companies accountable

by The Editorial Team
November 1, 2021
in Fines, Regulation
singapore border measures

Credit: Shutterstock

FacebookTwitterEmailLinkedin

On October 28, 2021, the U.S. Department of Justice’s Deputy Attorney General Lisa Monaco announced several key updates to DOJ’s approach to corporate criminal prosecutions.

While addressed to corporate prosecutions generally, the new updates will apply to companies facing DOJ investigations for alleged MARPOL compliance violations, such as failures to maintain oil record books or unlawful bypasses in the discharge of oily wastes.

The most important aspect of the updates is the fact that, while the priority remains individual accountability, DOJ will not hesitate to hold companies accountable.

For this reason:

RelatedNews

India’s ban on Anglo-Eastern recruiting license put on hold

Ship recycling: A solution for plastic pollution and environmental protection

Companies that seek credit for cooperation with the government will be required to identify all persons involved in the alleged misconduct, regardless of position and level of involvement, and will be required to produce all non-privileged information about those persons’ involvement

Furthermore, new guidance will be issued to prosecutors regarding what historical misconduct needs to be evaluated when considering corporate resolutions. Namely, prosecutors will now be directed to consider the full criminal, civil and regulatory record of any company when deciding what resolution is appropriate for a company that is the subject or target of a criminal investigation.

Going forward, prosecutors can and should consider the full range of prior misconduct, not just a narrower subset of similar misconduct

Ms. Monaco explained.

Third, DOJ is making clear that the department is free to require the imposition of independent monitors to satisfy the prosecutors that a company is living up to its compliance and disclosure obligations under the DPA or NPA.

The decision to use monitors must also include consideration of how the monitorship is provided and the standards by which monitors are expected to do their work

according to DOJ.

Lastly, Ms. Monaco also announced the creation of the Corporate Crime Advisory Group. This group will consider monitorship selection, recidivism and non-compliance. It will also make recommendations on what resources can assist better enforcement, and ensure that individual accountability is prioritized.

The advisory group will then develop recommendations and propose revisions to the department’s policies on corporate criminal enforcement.

Continuing, Ms. Monaco’s comments also emphasized several other key points that companies need to be aware of:

  • Companies need to actively review their compliance programs to ensure they adequately monitor for and address misconduct.
  • For clients facing investigations, as of today, the department will review their whole criminal, civil and regulatory record.
  • For clients cooperating with the government, they need to identify all individuals involved in the misconduct and produce all non-privileged information about those individuals’ involvement.
  • For clients negotiating resolutions, there is no default presumption against corporate monitors. That decision about a monitor will be made by the facts and circumstances of each case.
  • More actions are expected to better combat corporate crime.

Taking all of the above into consideration, Ms. Monaco urged companies to review their corporate compliance programs, in order to:

Ensure that the programs meet industry standards and governmental expectations

What is more, companies should also assess whether those programs are capable of establishing a compliance culture, through audits, surveys, or otherwise.

Companies should also carry out training to make sure that all personnel, from the Board Room to the Engine Rooms, are aware of their responsibilities for compliance, and their personal exposure for company violations

stated Ms. Monaco.

What is more, companies that have successfully addressed MARPOL violations by employees have done so by showing effective compliance programs that include clear policies, specific assignments of responsibility, extensive training, regular audits and assessments, and accountability for all personnel.

As for companies involved in the ownership or operation of vessels trading to U.S. waters, they would be well-advised to be aware of the renewed DOJ interest in enforcement actions against corporate entities.

These new updates come at a time when environmental fines continue as seen in two recent updates from DOJ:

#1 In the first incident, a Cyprus-based company that operates several commercial vessels, was fined $2M for concealing illegal discharges of oily water into the Atlantic Ocean. The company pleaded guilty to two felony offenses in two judicial districts – the Eastern District of Virginia and the Eastern District of Louisiana.

As a result, it was sentenced to pay a fine of $2 million placed on probation for a period of four years, and ordered to implement a comprehensive Environmental Compliance Plan as a special condition of probation.

#2 In the second case, the owner and operator and a Chief Engineer were indicted in U.S. Federal Court in New Orleans for breaching environmental and safety laws related to the MV Joanna, a Marshall Islands registered bulk carrier.

The grand jury indictment alleges that the companies and the Chief Engineer tampered with required oil pollution prevention equipment and falsified the ship’s Oil Record Book.

The defendants were charged with violating the Ports and Waterways Safety Act by failing to immediately report a hazardous situation that affected the safety of the ship and threatened U.S. ports and waters.

EXPLORE MORE ON DOJ’S INDICTMENT

Tags: finesmarine pollutionMARPOLoil pollutionprosecutionregulatory updateUS

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Recommended

carbon capture project

ABS joins international working group to study onboard carbon capture

June 6, 2023
Dover Calais

Passengers evacuated after experiencing engine room fire

June 6, 2023
MARITIME EVENTS

Explore

  • Safety
  • SEAFiT
  • Green
  • Smart
  • Risk
  • Others
  • SAFETY4SEA Events
  • SAFETY4SEA Plus Subscription

Useful Links

  • About
  • Disclaimer
  • Editorial Policies
  • Advertising
  • Contact

© 2021 SAFETY4SEA

No Result
View All Result
  • Safety
    • Accidents
    • Alerts
    • Loss Prevention
    • Maritime Health
    • Regulation
    • Safety
    • Seafarers
    • Security
  • SEAFiT
    • Intellectual
    • Mental
    • Physical
    • Social
    • Spiritual
  • Green
    • Arctic
    • Ballast
    • Emissions
    • Fuels
    • Green Shipping
    • Pollution
    • Ship Recycling
    • Technology
  • Smart
    • Connectivity
    • Cyber Security
    • E-navigation
    • Energy Efficiency
    • Maritime Software
    • Smart
  • Risk
    • CIC
    • Detentions
    • Fines
    • PSC Case Studies
    • PSC Focus
    • Vetting
  • Others
    • Diversity in shipping
    • Maritime Knowledge
    • Offshore
    • Ports
    • Reports
    • Shipping
    • Sustainability
    • Videos
  • Columns
    • Opinions
    • Book Review
    • Career Paths
    • Industry Voices
    • Interviews
    • Maripedia
    • Maritime History
    • Resilience
    • Seafarers Stories
    • SeaSense
    • Wellness Corner
  • SAFETY4SEA Events
  • SAFETY4SEA Plus Subscription

© 2021 SAFETY4SEA

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Disclaimer.