MTSA


TRANSPORTATION WORKER IDENTIFICATION CREDENTIAL (TWIC)

MTSA requires the implementation of a biometric transportation security card system to prevent unauthorized individuals from gaining unescorted access to secure areas of MTSA-regulated facilities and vessels. Any person (including employees, contractors, and visitors) seeking unescorted access to secure areas of MTSA facilities must possess a valid transportation security card; otherwise, that person must be accompanied by an individual with such a card.

In July 2004, former DHS Secretary Tom Ridge announced the implementation of the Transportation Security Administration’s (TSA’s) Transportation Worker Identification Credential (TWIC) program in order to comply with MTSA’s biometric transportation security card requirement. A pilot phase of TWIC began on November 17, 2004, at 5 port sites in the United States. The TWIC Final Rule was issued on January 25, 2007, setting forth mandatory requirements that all persons seeking unescorted access to MTSA-regulated facilities possess a valid TWIC card. The TWIC Final Rule became effective on March 26, 2007 and all ports are now required to be in full compliance with TWIC.

TSA administers the TWIC program, and is in charge of receiving applications, approving or denying applicants, and issuing TWICs. As of August 2010 TSA has issued over 1.5 million TWICs. TWICs generally remain valid for 5 years.

The Coast Guard’s TWIC/MTSA Policy Advisory Council issues period bulletins designed to assist MTSA-regulated facilities and vessels in the implementation of the TWIC program:

In July 2007, the Coast Guard issued NVIC 03-07, “Guidance for the Implementation of the Transportation Worker Identification Credential (TWIC) Program in the Maritime Sector.”

Who Needs a Twic?

All individuals requiring unescorted access to secure areas of MTSA-regulated facilities and vessels must obtain a TWIC, including:

  • Coast Guard-credentialed merchant mariners;
  • Port facility employees;
  • Long shore workers;
  • Truck drivers;
  • Vessel pilots;
  • Individuals doing work on a towing vessel that pushes, pulls, or hauls alongside a tank vessel;
  • Individuals with access to Security Sensitive Information (SSI); and
  • Other individuals engaged in port security activities, as determined by DHS.

An employer may not require an employee to apply for a TWIC if the employee’s job does not require unescorted access to MTSA-regulated facilities or vessels. TWIC applicants must show a need for the TWIC card in their application.  State and local emergency first responders are exempt from the TWIC requirement when responding to an emergency at an MTSA-regulated facility or vessel.

Who may be denied a twic?

Generally, all applicants must be U.S. citizens or eligible immigrants to apply for a TWIC. In addition, an individual must not be found to have terrorist ties, may not have prior convictions for certain crimes, and must have sufficient mental capacity to be approved for a TWIC.

Immigrant Status – An individual must be a U.S. citizen or eligible alien in order to receive a TWIC. A list of eligible immigration categories is provided by TSA, and can be accessed here. TSA provides a list of acceptable documents that are sufficient to verify a lawful immigration status, which the applicant should take to the enrollment center. This list is accessible here.  U.S. citizens who were born outside the U.S. must bring documentation to the enrollment center to show U.S. citizenship. A list of acceptable documentation is accessible here.

Terrorist Ties – All applicants are screened against government terrorist watch lists. If TSA determines that an applicant has a connection to terrorist activity, it can deny the applicant a TWIC. An applicant who has been denied a TWIC based on a finding that the individual has a connection to terrorist activity may apply for an appeal. The applicant may request copies of the materials that TSA used to make the determination, and should provide documentation to TSA showing that the finding was based on incorrect information.

Mental Competency – An applicant may be denied a TWIC if TSA determines that the applicant lacks the mental capacity to hold a TWIC. An applicant who has been denied a TWIC based on a lack of mental capacity may apply for a waiver by completing a waiver request. The waiver request should include references from employers, probation officers, parole officers, clergy and others who can attest to the applicant’s responsibility and good character. In addition, the applicant should include court records or official medical release documents relating to his or her mental health.

Criminal Disqualifiers – The TWIC Final Rule provides a list of permanent and interim disqualifying offenses:

Permanent Disqualifying Offenses

Conviction for one of the following felonies is disqualifying regardless of when it occurred, and the applicant is not eligible for a waiver:

  • Espionage or conspiracy to commit espionage.
  • Sedition or conspiracy to commit sedition.
  • Treason or conspiracy to commit treason.
  • A federal crime of terrorism as defined in 18 U.S.C. 2332b(g), or comparable state law, or conspiracy to commit such crime.
Conviction for one of the following felonies is disqualifying regardless of when it occurred, and the applicant may apply for a waiver:
  • A crime involving a transportation security incident. A transportation security incident is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area, as defined in 46 U.S.C. 70101. The term "economic disruption" does not include a work stoppage or other employee-related action not related to terrorism and resulting from an employer-employee dispute.
  • Improper transportation of a hazardous material under 49 U.S.C. 5124, or a State law that is comparable.
  • Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or explosive device. An explosive or explosive device includes an explosive or explosive material as defined in 18 U.S.C. 232(5), 841(c) through 841(f), and 844(j); and a destructive device, as defined in 18 U.S.C. 921(a)(4) and 26 U.S.C. 5845(f).
  • Murder.
  • Making any threat, or maliciously conveying false information knowing the same to be false, concerning the deliverance, placement, or detonation of an explosive or other lethal device in or against a place of public use, a state or government facility, a public transportations system, or an infrastructure facility.
  • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable state law, where one of the predicate acts found by a jury or admitted by the defendant, consists of one of the crimes listed as a Permanent Disqualifying Offense.
  • Attempt to commit the crimes listed as items 1 – 4 above.
  • Conspiracy or attempt to commit the crimes listed as items 5 – 10 above.
Interim Disqualifying Offenses

Conviction for one of the following felonies is disqualifying if the applicant was convicted, pled guilty (including 'no contest'), or found not guilty by reason of insanity within 7 years of the date of the TWIC application; or if the applicant was released from prison after conviction within 5 years of the date of the application. The applicant may apply for a waiver.
  • Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. A firearm or other weapon includes, but is not limited to, firearms as defined in 18 U.S.C. 921(a)(3) or 26 U.S.C. 5845(a), or items contained on the U.S. Munitions Import List at 27 CFR § 447.21.
  • Extortion.
  • Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering where the money laundering is related to any crime that is a Permanent or Interim Disqualifying Offense. Welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this paragraph.
  • Bribery.
  • Smuggling.
  • Immigration violations.
  • Distribution of, possession with intent to distribute, or importation of a controlled substance.
  • Arson.
  • Kidnapping or hostage taking.
  • Rape or aggravated sexual abuse.
  • Assault with intent to kill.
  • Robbery.
  • Fraudulent entry into a seaport as described in 18 U.S.C. 1036, or a comparable State law.
  • Violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. 1961, et seq., or a comparable State law, other than the violations listed in item 10 of Permanent Disqualifying Offenses.
  • Conspiracy or attempt to commit felonies listed designated as Interim Disqualifying Offenses.

appeal and waiver

An applicant who has been denied a TWIC may apply for an appeal or a waiver of that determination.  An appeal should be made when an individual believes that he or she should not have been denied a TWIC (e.g., the government’s security determination was based on incorrect information (such as court records) or mistakes your identity).  A waiver should be made when the initial TWIC ineligibility determination is in fact accurate but the applicant believes that he or she nonetheless poses no security threat.

twic escorting

Individuals holding a valid TWIC may act as “escorts” for individuals who do not have TWICs but who require access to secure areas of MTSA-regulated facilities and vessels. TWIC escorts must meet certain training requirements, including knowledge of the facility’s escorting procedures and the facility’s procedures/contingency plans in the event the escorted individual engages in unauthorized activities while within a secure area. While acting as escorts, individuals are not considered “facility personnel with security duties” as described in MTSA regulations.

twic reader requirements

On March 27, 2009, the Coast Guard published the Transportation Worker Identification Credential TWIC – Reader Requirements Advance Notice of Proposed Rulemaking (ANPRM). The ANPRM proposes using a risk-based model in which individual MTSA-regulated facilities and vessels would be separated into one of 3 risk groups, each with its own electronic TWIC reader requirements.  Under this framework, higher-risk facilities and vessels would be required to fully utilize the security features and achieve the full risk reduction benefit of the TWIC, whereas lower-risk facilities and vessels would be required to implement only some of those security features.  The requirements for each risk group would vary depending on the current MARSEC Level.

Risk Groups

The risk-based model utilized by the ANPRM assigns facilities and vessels into the following risk groups:

  • Risk Group A would include:
    • Vessels that carry Certain Dangerous Cargoes (CDC) in bulk, or towing vessels engaged in towing such a barge or barges;
    • Vessels certificated to carry more than 1,000 passengers, or towing vessels engaged in towing such a barge or barges;
    • Facilities that handle CDC in bulk;
    • Facilities that receive vessels certificated to carry more than 1,000 passengers; and
    • Barge fleeting facilities that receive barges carrying CDC in bulk.
  • Risk Group B would include:
    • Vessels that carry hazardous materials other than CDC in bulk, or towing vessels engaged in towing such a barge or barges;
    • Vessels subject to 46 CFR Chapter I, Subchapter D, that carry any flammable or combustible liquid cargoes or residues, or towing vessels engaged in
      towing such a barge or barges;
    • Vessels certificated to carry 500 to 1,000 passengers, or towing vessels engaged in towing such a barge or barges;
    • Facilities that receive vessels that carry hazardous materials other than CDC in bulk;
    • Facilities that receive vessels subject to 46 CFR Chapter I, Subchapter D, that carry any flammable or combustible liquid cargoes or residues;
    • Facilities that receive vessels certificated to carry 500 to 1,000 passengers;
    • Facilities that receive towing vessels engaged in towing a barge or barges carrying hazardous materials other than CDC in bulk, crude oil, or
      certificated to carry 500 to 1,000 passengers; and
    • All Outer Continental Shelf (OCS) facilities subject to 33 CFR § 106.
  • Risk Group C would include:
    • Vessels carrying non-hazardous cargoes that are required to have a vessel security plan, or towing vessels engaged in towing such a barge;
    • Vessels certificated to carry less than 500 passengers, or towing vessels engaged in towing such a barge;
    • Mobile Offshore Drilling Units (MODU);
    • Offshore Supply Vessels (OSVs) subject to 46 CFR Chapter I, Subchapters L or I;
    • MTSA-regulated facilities that receive vessels carrying non-hazardous cargoes that are required to have a vessel security plan;
    • Facilities that receive towing vessels engaged in towing a barge carrying non-hazardous cargoes; and
    • Facilities that receive vessels certificated to carry less than 500 passengers.
Unescorted Access
The ANPRM proposes allowing facilities and vessels in each risk group the option of using “recurring unescorted access” for up to 14 persons per facility or vessel without repeating identification verification at each entry.  In order to use this option, facility or vessel owners and operators would need to conduct a biometric match of the individual against his or her TWIC, either at hiring or upon the effective date of the final rule, whichever is later.  The biometric match would also be required to include a verification of the authenticity and validity of the TWIC.  Once completed, the individual may gain access using only a visual identification, as long as the validity of the TWIC is verified periodically.  As such, facilities and vessels in any risk group with 14 or less personnel that utilized “recurring unescorted access” would not be required to maintain a TWIC reader after performing the initial biometric match.

Additional Requirements

Additionally, the ANPRM proposes:

  • Ongoing TWIC reader calibration and compliance accountability, either performed by the Coast Guard or a third party;
  • A requirement that all owners and operators amend their security plans to include TWIC requirements within 6 months of promulgation of a final rule or, alternatively, by staggered deadlines; and
  • A requirement that facility and vessel owners who would be required to use TWIC readers (those in proposed Risk Groups A and B) also keep records of the persons who have been granted unescorted access with their TWIC cards for a period of 2 years.