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Executive Order 14116Executive Order

Amending Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

Joseph R. Biden
Signed: Feb 21, 2024
Published: Feb 26, 2024
Standard Summary
Comprehensive overview

This Executive Order updates and broadens the regulatory framework for safeguarding United States vessels, harbors, ports, and waterfront facilities by explicitly incorporating cyber security and cyber incidents into the Coast Guard’s enforcement and safety authorities. It amends Part 6 of Title 33 of the Code of Federal Regulations to define cyber-related concepts (such as “cyber incident” and “damage” to digital infrastructure) and to extend traditional port security powers—such as establishing security zones, inspecting, boarding, restricting access, and taking control of vessels or facilities—to cyber threats as well as physical threats. The order emphasizes coordinated action with the Department of Justice and other agencies and preserves the general principle that owners and masters retain primary responsibility for security. It is intended to strengthen protection against disruptions caused by cyber campaigns affecting maritime infrastructure. In practical terms, the order allows the Captain of the Port (a Coast Guard officer) to respond to cyber incidents with the same authority and tools used for physical security threats. This includes restricting access to ships and waterfront facilities, preventing the boarding of vessels, shifting vessels, and inspecting any person, article, or thing (including digital networks or systems) within a security zone. It also establishes a credentialing mechanism (the Coast Guard Port Security Card) and requires reporting of cyber-related sabotage or incidents to the FBI, Cybersecurity and Infrastructure Security Agency (CISA), and the Captain of the Port. The aim is to deter, detect, and remediate cyber threats that could endanger vessels, harbors, ports, and related infrastructure.

Key Points

  • 1Expansion of regulatory scope to cyber threats: Defines “cyber incident” and “damage” in the maritime security context and authorizes the Captain of the Port to act to prevent or respond to cyber-related risks as part of port security.
  • 2Enhanced enforcement tools for cyber and physical threats: The Captain of the Port may prevent entry, inspect, search, direct removal, and take possession or control of vessels or waterfront facilities when necessary to secure the United States’ rights and safety, including action against digital infrastructure on vessels or facilities.
  • 3New or revised security zone rules and compliance: The Captain of the Port can establish security zones and prohibit entry without permission, including prohibiting any article or digital asset on or aboard vessels or facilities within zones.
  • 4Port credentialing and related authority: The Coast Guard Port Security Card becomes the formal credential for port security purposes; the Commandant may recognize other credentials and must assess applicant character and suitability.
  • 5Mandatory reporting and interagency coordination: Incidents involving sabotage or cyber threats must be reported immediately to the FBI, CISA, and the Captain of the Port; enforcement and activities are coordinated with the Department of Justice and other relevant agencies as appropriate.
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