(TWIC)Transportation Workers Identification Credentials

MarinersSchool · 09-16-2009, 09:38 AM

The Transportation Worker Identification Credential (TWIC) is a security measure that will ensure individuals who pose a threat do not gain unescorted access to secure areas of the nation's maritime transportation system.TWIC was established by Congress and is administered by the Transportation Security Administration (TSA) and U.S. Coast Guard.

TWICs are tamper-resistant biometric credentials that will be issued to workers who require unescorted access to secure areas of ports, vessels, outer continental shelf facilities and all credentialed merchant mariners.

The U.S Department of Homeland Security (DHS) has recently announced that the final compliance date for the Transportation Worker Identification Credential (TWIC) program will be April 15, 2009, which reflects a realignment of the original Sept. 25, 2008 compliance date.

Mariners School · 09-17-2009, 10:40 PM

An individual who lacks lawful presence and certain immigration status in the United States, has a connection to terrorist activity, has been determined to lack mental capacity or was convicted of certain crimes will be ineligible for a TWIC.

Mariners School · 09-17-2009, 10:40 PM

Applicants who are denied a TWIC will be notified of the reason for denial and instructed on how to apply for an appeal or waiver. Once issued a TWIC, the applicant has the continuing obligation to inform TSA if they are no longer eligible for a TWIC.

Mariners School · 09-17-2009, 10:42 PM

Parts A and B provide a comprehensive list of disqualifying offenses and the waiver policies for each.

Mariners School · 09-17-2009, 10:42 PM

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

1. Espionage or conspiracy to commit espionage.
2. Sedition, or conspiracy to commit sedition.
3. Treason, or conspiracy to commit treason.
4. 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.
5. 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.
6. Improper transportation of a hazardous material under 49 U.S.C. 5124, or a State law that is comparable.
7. 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).
8. Murder.
9. 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.
10. 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 in Column A.
11. Attempt to commit the crimes in Part A, items 1 - 4.
12. Conspiracy or attempt to commit the crimes in Part A, items 5 – 10.

Mariners School · 09-17-2009, 10:43 PM

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.

1. 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. 5 845(a), or items contained on the U.S. Munitions Import List at 27 CFR 447.21.
2. Extortion.
3. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering where the money laundering is related to a crime described in Columns A or B. Welfare fraud and passing bad checks do not constitute dishonesty, fraud, or misrepresentation for purposes of this paragraph.
4. Bribery.
5. Smuggling.
6. Immigration violations.
7. Distribution of, possession with intent to distribute, or
importation of a controlled substance.
8. Arson.
9. Kidnapping or hostage taking.
10. Rape or aggravated sexual abuse.
11. Assault with intent to kill.
12. Robbery.
13. Fraudulent entry into a seaport as described in 18 U.S.C.
1036, or a comparable State law.
14. 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 Part A, item 10
15. Conspiracy or attempt to commit felonies listed in Part B.

Mariners School · 09-17-2009, 10:44 PM

If a conviction is expunged or pardoned, the criminal records may reveal this. If they do not, TSA sends the applicant a letter (Initial Determination) explaining what the records show and how the applicant can correct inaccurate records.

Mariners School · 09-17-2009, 10:44 PM

Applicants are encouraged to reapply if their initial disqualifying offense is no longer applicable. Applicants will need to understand the nature of the initial disqualification and the corresponding look-back periods of 5 or 7 years if applicable. Reapplying can occur as long as there are no secondary disqualifying events.

Mariners School · 09-17-2009, 10:45 PM

The applicant should proceed with TWIC enrollment as though they do not have a disqualifying offense, as long as the record is truly expunged. Per 49 C.F.R. §1570.3, a conviction is expunged when "the conviction is removed from the individual's criminal history record and there are no legal disabilities or restrictions associated with the expunged conviction, other than the fact that the conviction may be used for sentencing purposes for subsequent convictions." However, if the applicant is a credentialed mariner or intends to apply for a mariner credential, he or she must report convictions that were expunged on their application to obtain the MMC. Failure to disclose expunged convictions could result in a determination that the application for the mariner credential is fraudulent.

Mariners School · 09-17-2009, 10:46 PM

An individual under indictment for a disqualifying criminal offense may not hold a TWIC until the indictment is dismissed. If the applicant has an indictment pending, the applicant could apply for a waiver; however a request for a waiver does not guarantee that a waiver will be granted.

Mariners School · 09-17-2009, 10:47 PM

* Applicants who are initially determined to be ineligible for a Transportation Worker Identification Credential (TWIC) will be provided with TSA's justification for denial, and instruction for how to apply for an appeal or waiver. The process is straight forward, and no legal knowledge is needed, nor is legal representation necessary. Requests may be typed or handwritten.
o Appeal -- If you believe you that you should not have been determined to be ineligible for a TWIC (i.e. you may think the decision was based on incorrect court records or incorrect information provided at enrollment), you may request an appeal. You may request copies of the materials that TSA used to make the determination to assist you in deciding whether a correction must be made to your court records and/or what information must be provided to justify your appeal.
o Waiver -- If you have a disqualifying offense, meet the description of mental incapacity, or are an alien under temporary protected status, you may request a waiver. When completing a waiver request, the applicant should describe why he/she no longer poses a security threat. Information that assists TSA with this determination includes:
+ The circumstances surrounding the conviction.
+ The length of time the applicant has been out of prison if sentenced to incarceration.
+ The applicant's work and personal history since the conviction.
+ Whether the applicant made restitution or completed mitigation remedies, such as probation or community service.
+ References from employers, probation officers, parole officers, clergy, and others who know the applicant and can attest to his/her responsibility and good character.
+ If denied due to mental incapacity, court records or official medical release documents that relate to the applicant's mental health may also be included with the waiver request.
+ If an alien under temporary protected status, information attesting to that.

Mariners School · 09-17-2009, 10:48 PM

Applicants who appeal a disqualification based on ties to terrorism or request a waiver and are denied may seek review by an Administrative Law Judge (ALJ). Additional information on the ALJ process is available in section 49 CFR 1515.11.

Mariners School · 09-17-2009, 10:49 PM

The enrollment process for a pre-enrolled applicant takes approximately 10 minutes. The enrollment process for those who did not pre-enroll takes approximately 15 minutes. There may be a wait time at the enrollment center depending on the amount of workers choosing to enroll at any particular time. Individuals can save time by making an appointment – you can make an appointment by enrolling online.