International Safe Container Act – Overview and Summary of Requirements

• By: Staff Editor
• Date: October 14, 2011

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.

• § 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

• 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.

• 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.