April 2005 Vol. 2, No. 1 www.the-triton.com
Home port, not flag, governs U.S. immigration issues The flag a yacht flies is not the most important credential when clearing U.S. immigration. The yacht’s home port is the guiding criteria, and it must be foreign if a captain wants to employ crew with B1/B2 visas. That’s what captains, crew and industry professionals heard The Connection Lucy Chabot Reed at an eye-opening
Connection seminar with Jack Garofano, assistant director of field operations for U.S. Customs and Border Protection in Miami. A 36-year veteran of U.S. immigration, Garofano took attendees back to the roots of the Immigration and Nationality Act (INA), which was originally passed in 1952 but has been amended over the years. It is still the basis of immigration law in the United States, and he explained the nuances
of the law that have frustrated and confused yacht crew for years. The most surprising fact for attendees is the reality that the INA requires a vessel employing crew holding B1 visas to have a foreign home port, not necessarily just a foreign flag. “That’s why you hear all the problems at Waxy’s,” said Garofano referring to the Ft. Lauderdale bar popular with yacht crew. “The home port of the vessel is the governing issue
Megayacht on the rocks
Fort Lauderdale Shipyard files for bankruptcy Yard to remain open while reorganizing By Lucy Chabot Reed Fort Lauderdale Shipyard filed for protection under Chapter 11 bankruptcy laws on Feb. 25. The move protects the business from creditors while it reorganizes. The yard remains open for business. “We are doing business as usual,” said Butch Risker, operations manager at the yard. “People are afraid to come to our facility. They’re afraid the doors will be locked and they won’t get their boat out. That’s not true.” The two most common business bankruptcy filings are under Chapter 7 and Chapter 11. Under Chapter 7, a court trustee takes over operations and the business is often closed, ending in liquidation. Chapter 11 protects a company from lawsuits by creditors while it reorganizes its finances. Though some businesses still liquidate under this chapter, many emerge with a
See BANKRUPTCY, page 11
A brand new 116-foot Azimut, the M/Y TV, grounded on the rocks at the entrance to Port Everglades on March 16 after a late-night sea trial. See story PHOTO/DAVID REED on page 4.
Broward Yachts has a new owner and an old name. Page 8
American boatbuilder growing again. Page 19
in the law, not the flag.” For many yachts, the home port and the flag are of the same country, so the distinction is a matter of semantics. But many other megayachts fly flags of convenience and consider home to be somewhere else. Garofano was careful to note that just like an employee who may travel a lot on business and rarely go home, a
See THE CONNECTION, page 16
Despite owner, crew problems, captains still love running yachts With all the regulations taking over in yachting, we thought it might be interesting to ask our Bridge captains just what they like best about their jobs. Lest we forget, it’s the ocean, stupid. Seven skippers gathered for The Triton’s monthly Bridge luncheon to talk about what they From the Bridge like and dislike about Lucy Chabot Reed their jobs running yachts. As always, individual comments are not attributed to any one person in particular so as to encourage frank and open discussion. The attending captains are identified in a photograph on page 14. When asked what the best part of their job is, several said in unison: the sea. “Getting out on the ocean,” one said. “Meeting different people from all over the world,” said another. “And going to these destinations,” another agreed.
See THE BRIDGE, page 14
Welcome our new chef and galley feature. Page 34