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Inspector's Field Manual - Gani

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<strong>Inspector's</strong> <strong>Field</strong> <strong>Manual</strong><br />

authorization number, for example: "97-MIA-(E)-001."<br />

Unusual delays or other discrepancies in the performance of an en route inspection shall be documented in<br />

writing in memorandum form to the appropriate regional office. Any corrective actions proposed or taken by<br />

managerial personnel shall also be referenced by memorandum.<br />

(6) Commencement of en route inspection. Service officers are prohibited from commencement of the<br />

inspection until the vessel is actually en route, i.e., free from moorings and under its own power<br />

(7) Program monitoring. District directors shall institute local procedures for monitoring the conduct<br />

of en route inspections. Officers conducting such inspections shall be given periodic refresher training on the<br />

ethical standards which employees must uphold in the performance of their official duties. Instruction on the<br />

standard schedule of disciplinary offenses and penalties for employees shall be included in this refresher<br />

training. The importance of the role which local supervisors and managers play in the maintenance of ethical<br />

standards, bot their own and that of their subordinates, shall also be emphasized. Local procedures shall be<br />

established to closely monitor en route inspection activity. These procedures shall be designed to facilitate early<br />

detection of procedural improprieties and prohibited practices. Procedures used to achieve these goals include<br />

the initiation of locally designed monitoring activities and procedures as well as information-sharing liaison<br />

activities between Service officials and cruise ship line representatives. A positive public relations posture<br />

regarding these issues is a responsibility of all local supervisors and managers.<br />

First-line supervisors play a vital role in assuring that en route inspections are conducted in a cost effective<br />

manner. Information relating to assigned work schedules, actual hours worked, the numbers of passengers and<br />

crew inspected and the most cost efficient use of salary and overtime resources should be retained by each<br />

district and provided to Headquarters and regional officials upon request. This information should also be<br />

considered when making en route assignments and monitoring such activities.<br />

Inquiries shall be conducted in all instances in which management personnel become aware of noncompliance<br />

with en route inspection policies and procedures. Such inquiries shall be conducted by one or more management<br />

officials who are at least one managerial level above the managerial official who authorized the inspection.<br />

Written inquiry results shall be forwarded, through channels, to the district director. In situations where such<br />

inquiry reveals that Service policy has been violated, district directors shall institute appropriate corrective<br />

action, including disciplinary action, if warranted.<br />

Regional offices shall promptly be notified of all instances of noncompliance. These offices shall also be<br />

apprised of corrective or disciplinary actions proposed or taken with respect to such incidents. Unusual<br />

circumstances affecting the conduct of en route inspections, such as those which would attract media attention or<br />

congressional interest should be reported promptly.<br />

(8) Presence of family members on en route inspections. It is prohibited, pursuant to 18 U.S.C.<br />

201(c)(1)(B), for accompanying family member or friends of INS officers conducting en route inspections to<br />

travel with the employee either for free or at a substantially discounted fare not available to the general public.<br />

Such fares constitute benefits of value, which would not be received, were it not for the position and authority of<br />

the officer to inspect passengers and crew. Further, 5 CFR 2635.202(a)(2) states that employees shall not, directly<br />

or indirectly, solicit or accept a gift because of the employees official position. Also, 5 CFR 2635.502(a) prohibits<br />

employees of the federal government from participating in a matter which would cause a reasonable person to<br />

question such employees' impartiality.<br />

23.2 Exceptions to Inspection Requirements.<br />

(a) General. Statute requires the inspection of every arriving passenger and crewmember upon arrival in the<br />

United States. See section 235 of the Act and 8 CFR 235.1. Service policy interpretation provides some<br />

clarification regarding persons whose comings to the U.S. are not treated as "arrivals," thereby not requiring<br />

inspection. Service policy excludes the following from the ordinary inspectional procedures:<br />

(1) Any person, including an alien crewman, passing through the Panama Canal on board a vessel<br />

which enters and clears at the Canal port only to transit, refuel, or to land passengers or crewmen for medical<br />

treatment, shall not be regarded as coming from a foreign port solely by reason of such passage;

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