US (United States) Code. Title 46. Subtitle II. Part G. Chapter 103: Foreign and intercoastal voyages

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Shipping. Vessels and Seamen

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
  • 36 páginas
publicidad

-CITE-

46 USC CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-MISC1-

Sec.

10301. Application.

10302. Shipping articles agreements.

10303. Provisions.

10304. Form of agreement.

10305. Manner of signing agreement.

10306. Exhibiting merchant mariners' documents.

10307. Posting agreements.

10308. Foreign engagements.

10309. Engaging seamen to replace those lost by desertion or

casualty.

10310. Discharge.

10311. Certificates of discharge.

10312. Settlements on discharge.

10313. Wages.

10314. Advances.

10315. Allotments.

10316. Trusts.

10317. Loss of lien and right to wages.

10318. Wages on discharge in foreign ports.

10319. Costs of a criminal conviction.

10320. Records of seamen.

10321. General penalty.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 10501 of this title.

-End-

-CITE-

46 USC Sec. 10301 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10301. Application

-STATUTE-

(a) Except as otherwise specifically provided, this chapter

applies to a vessel of the United States -

(1) on a voyage between a port in the United States and a port

in a foreign country (except a port in Canada, Mexico, or the

West Indies); or

(2) of at least 75 gross tons as measured under section 14502

of this title, or an alternate tonnage measured under section

14302 of this title as prescribed by the Secretary under section

14104 of this title on a voyage between a port of the United

States on the Atlantic Ocean and a port of the United States on

the Pacific Ocean.

(b) This chapter does not apply to a vessel on which the seamen

are entitled by custom or agreement to share in the profit or

result of a voyage.

(c) Unless otherwise provided, this chapter does not apply to a

foreign vessel.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 104-324, title

VII, Sec. 737, Oct. 19, 1996, 110 Stat. 3941.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10301 46:564

46:566

46:574

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Section 10301 specifies that vessels on foreign and intercoastal

voyages (except for fishing vessels and foreign vessels) are

subject to the seamen protection and relief provisions contained in

chapter 103.

AMENDMENTS

1996 - Subsec. (a)(2). Pub. L. 104-324 inserted "as measured

under section 14502 of this title, or an alternate tonnage measured

under section 14302 of this title as prescribed by the Secretary

under section 14104 of this title" after "75 gross tons".

-End-

-CITE-

46 USC Sec. 10302 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10302. Shipping articles agreements

-STATUTE-

(a) The owner, charterer, managing operator, master, or

individual in charge shall make a shipping agreement in writing

with each seaman before the seaman commences employment.

(b) The agreement shall contain the following:

(1) the nature, and, as far as practicable, the duration of the

intended voyage, and the port or country in which the voyage is

to end.

(2) the number and description of the crew and the capacity in

which each seaman is to be engaged.

(3) the time at which each seaman is to be on board to begin

work.

(4) the amount of wages each seaman is to receive.

(5) regulations about conduct on board, and information on

fines, short allowance of provisions, and other punishment for

misconduct provided by law.

(6) a scale of the provisions that are to be provided each

seaman.

(7) any stipulation in reference to advances and allotments of

wages.

(8) other matters not contrary to law.

(c) Each shipping agreement must be signed by the master or

individual in charge or a representative of the owner, charterer,

or managing operator, and by each seaman employed.

(d) The owner, charterer, managing operator, master, or

individual in charge shall maintain the shipping agreement and make

the shipping agreement available to the seaman.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 561; Pub. L. 103-206, title

IV, Sec. 401, Dec. 20, 1993, 107 Stat. 2435.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10302 46:564

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Section 10302 requires the master to make a shipping agreement

with each crew member and lists the information that must be

included in the agreement.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 401(1), amended subsec.

(a) generally. Prior to amendment, subsec. (a) read as follows:

"Before proceeding on a voyage, the master of a vessel to which

this chapter applies shall make a shipping articles agreement in

writing with each seaman in the crew."

Subsecs. (c), (d). Pub. L. 103-206, Sec. 401(2), added subsecs.

(c) and (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10303, 10304, 10305,

10306, 10307, 10308, 10312, 10313, 10314, 10315, 10318 of this

title.

-End-

-CITE-

46 USC Sec. 10303 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10303. Provisions

-STATUTE-

(a) A seaman shall be served at least 3 meals a day that total at

least 3,100 calories, including adequate water and adequate

protein, vitamins, and minerals in accordance with the United

States Recommended Daily Allowances.

(b) The text of subsection (a) of this section shall be included

in the agreement required by section 10302 of this title. A copy of

the text also shall be posted in a conspicuous place in the galley

and forecastle of each vessel.

(c) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 562.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10303 46:713

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Section 10303 requires that seamen be served adequate food and

water and that the text of this requirement be posted in the

galley. The provisions do not apply to fishing vessels, whaling

vessels, or yachts.

-End-

-CITE-

46 USC Sec. 10304 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10304. Form of agreement

-STATUTE-

The form of the agreement required by section 10302 of this title

shall be in substance as follows:

-HEAD-

UNITED STATES OF AMERICA

(Date and place of first signature of agreement):

It is agreed between the master and seamen of the , of

which is at present master, or whoever shall go for

master, now bound from the port of to (here

the voyage is to be described, and the places named at which the

vessel is to touch, or if that cannot be done, the general nature

and probable length of the voyage is to be stated).

The seamen agree to conduct themselves in an orderly, faithful,

honest, and sober manner, and to be at all times diligent in their

respective duties, and to be obedient to the lawful commands of the

master, or of an individual who lawfully succeeds the master, and

of their superior officers in everything related to the vessel, and

the stores and cargo of the vessel, whether on board, in boats, or

on shore. In consideration of this service by the seamen to be

performed, the master agrees to pay the crew, as wages, the amounts

beside their names respectively expressed, and to supply them with

provisions according to the annexed scale.

It is agreed that any embezzlement, or willful or negligent

destruction of any part of the vessel's cargo or stores, shall be

made good to the owner out of the wages of the person guilty of the

embezzlement or destruction.

If an individual holds himself or herself out as qualified for a

duty which the individual proves incompetent to perform, the

individual's wages shall be reduced in proportion to the

incompetency.

It also is agreed that if a seaman considers himself or herself

to be aggrieved by any breach of this agreement or otherwise, the

seaman shall present the complaint to the master or officer in

charge of the vessel, in a quiet and orderly manner, who shall take

steps that the case requires.

It also is agreed that (here any other stipulations may be

inserted to which the parties agree, and that are not contrary to

law).

In witness whereof, the parties have subscribed their names to

this agreement, on the dates beside their respective signatures.

Signed by , master, on the day of ,

nineteen hundred and .

Signature of seaman Time of service:

Birthplace Months

Age Days

Height: Hospital money

Feet Whole wages

Inches Wages due

Description:Place and time of entry

ComplexionTime at which seaman is to

Hair be on board

Wages each month In what capacity

Wages each voyage Allotment payable to

Advance wages Conduct qualifications

Amount of monthly

allotment

Note. - In the place for signature and descriptions of

individuals engaged after the first departure of the vessel, the

entries are to be made as above, except that the signature of the

consul or vice consul, customs officer, or witness before whom the

individual is engaged, is to be entered.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 562; Pub. L. 103-206, title

IV, Sec. 402, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10304 46:713

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Section 10304 provides the form of the shipping articles of

agreement. While the exact format need not be followed, the form

that is used must contain all the pertinent elements.

AMENDMENTS

1993 - Pub. L. 103-206 struck out "Shipping commissioner's

signature or initials" immediately below "In what capacity" in the

form.

-End-

-CITE-

46 USC Sec. 10305 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10305. Manner of signing agreement

-STATUTE-

The agreement required by section 10302 of this title shall be

signed -

(1) first by the master and dated at that time, after which

each seaman shall sign; and

(2) in the presence of the master or individual in charge.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 563; Pub. L. 103-206, title

IV, Sec. 403, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10305 46:565

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Section 10305 describes the procedures for signing the shipping

agreement, and for keeping official records of the agreement. It

also requires that the agreement include a statement that the

seaman understand its provisions, and did so while sober.

AMENDMENTS

1993 - Pub. L. 103-206 struck out "(a)" before "The agreement",

substituted "the master or individual in charge" for "a shipping

commissioner" in par. (2), and struck out subsecs. (b) and (c)

which read as follows:

"(b) When the crew is first engaged, the agreement shall be

signed in duplicate. One of the copies shall be retained by the

shipping commissioner. The other copy shall contain space for the

description and signatures of seamen engaged subsequent to the

first making of the agreement, and shall be delivered to the

master.

"(c) An agreement signed before a shipping commissioner shall be

acknowledged and signed by the commissioner on the agreement in the

manner and form prescribed by regulation. The acknowledgment and

certification shall include a statement by the commissioner that

the seaman -

"(1) has read the agreement;

"(2) is acquainted with and understands its conditions; and

"(3) has signed it freely and voluntarily when sober."

-End-

-CITE-

46 USC Sec. 10306 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10306. Exhibiting merchant mariners' documents

-STATUTE-

Before signing the agreement required by section 10302 of this

title, each individual required by section 8701 of this title to

have a merchant mariner's document shall exhibit to the master or

individual in charge a document issued to the individual,

appropriately endorsed for the capacity in which the individual is

to serve.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 404, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10306 46:643(c)

--------------------------------------------------------------------

Section 10306 requires a seaman to exhibit an appropriately

endorsed merchant mariner's document to the shipping commissioner

before signing a shipping agreement. When a master acts as a

shipping commissioner, the same procedure applies.

AMENDMENTS

1993 - Pub. L. 103-206 substituted "master or individual in

charge" for "shipping commissioner".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8701 of this title.

-End-

-CITE-

46 USC Sec. 10307 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10307. Posting agreements

-STATUTE-

At the beginning of a voyage, the master shall have a legible

copy of the agreement required by section 10302 of this title,

omitting signatures, exhibited in a part of the vessel accessible

to the crew.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 405, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10307 46:577

--------------------------------------------------------------------

Section 10307 requires the master to post a copy of the shipping

agreement in a part of the vessel accessible to the crew prior to

the commencement of a voyage. The posting must be done in a manner

that gives seamen adequate notice of the particulars of the pending

voyage.

AMENDMENTS

1993 - Pub. L. 103-206 struck out at end "A master violating this

section is liable to the United States Government for a civil

penalty of $100."

-End-

-CITE-

46 USC Sec. 10308 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10308. Foreign engagements

-STATUTE-

When a seaman is engaged outside the United States, the agreement

required by section 10302 of this title shall be signed in the

presence of a consular officer. If a consular officer is not

available at the port of engagement, the seaman may be engaged, and

the agreement shall be signed in the next port at which a consular

officer is available.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 406, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10308 46:570

--------------------------------------------------------------------

Section 10308 requires that shipping agreements made in foreign

ports be signed in the presence of a consular officer. The penalty

for violation of this section is $100.

AMENDMENTS

1993 - Pub. L. 103-206 struck out "(a)" before "When a seaman"

and struck out subsec. (b) which read as follows: "A master

engaging a seaman in violation of this section is liable to the

United States Government for a civil penalty of $100. The vessel

also is liable in rem for the penalty."

-End-

-CITE-

46 USC Sec. 10309 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10309. Engaging seamen to replace those lost by desertion or

casualty

-STATUTE-

(a) If a desertion or casualty results in the loss of at least

one seaman, the master shall engage, if obtainable, a number equal

to the number of seamen of whose services the master has been

deprived. The new seaman must have at least the same grade or

rating as the seaman whose place the new seaman fills. The master

shall report the loss and replacement to a consular officer at the

first port at which the master arrives.

(b) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 407, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10309 46:569

--------------------------------------------------------------------

Section 10309 provides for the replacement of seamen lost by

desertion or casualty. It does not apply to fishing vessels,

whaling vessels, or yachts.

AMENDMENTS

1993 - Subsecs. (b), (c). Pub. L. 103-206 redesignated subsec.

(c) as (b) and struck out former subsec. (b) which read as follows:

"The master is liable to the United States Government for a civil

penalty of $200 for each report not made. The vessel also is liable

in rem for the penalty."

-End-

-CITE-

46 USC Sec. 10310 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10310. Discharge

-STATUTE-

A master shall deliver to a seaman a full and true account of the

seaman's wages and all deductions at least 48 hours before paying

off or discharging the seaman.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 408, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10310 46:641

46:642

--------------------------------------------------------------------

Section 10310 requires the master of a vessel to give each seaman

a full account of the seaman's wages 48 hours before discharge. The

penalty for violation is $50.

AMENDMENTS

1993 - Pub. L. 103-206 struck out "or a shipping commissioner"

after "to a seaman" and struck out at end "A master failing to

deliver the account is liable to the United States Government for a

civil penalty of $50."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10318 of this title.

-End-

-CITE-

46 USC Sec. 10311 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10311. Certificates of discharge

-STATUTE-

(a) On discharging a seaman and paying the seaman's wages, the

master or individual in charge shall provide the seaman with a

certificate of discharge. The form of the certificate shall be

prescribed by regulation. It shall contain -

(1) the name of the seaman;

(2) the citizenship or nationality of the seaman;

(3) the number of the seaman's merchant mariner's document;

(4) the name and official number of the vessel;

(5) the nature of the voyage (foreign, intercoastal, or

coastwise);

(6) the propulsion class of the vessel;

(7) the date and place of engagement;

(8) the date and place of discharge; and

(9) the seaman's capacity on the voyage.

(b) The certificate of discharge may not contain a reference

about the character or ability of the seaman. The certificate shall

be signed by the master and the seaman.

(c) A certificate of discharge may not be issued if the seaman

holds a continuous discharge book. The entries shall be made in the

discharge book in the same manner as the entries required by

subsection (a) of this section.

(d)(1) A record of each discharge shall be maintained by the

owner, charterer, managing operator, master, or individual in

charge in the manner and location prescribed by regulation. The

records may not be open for general or public use or inspection.

(2) A duplicate of a record of discharge shall be issued to a

seaman at the request of the seaman.

(e) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 564; Pub. L. 103-206, title

IV, Sec. 409, Dec. 20, 1993, 107 Stat. 2436.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10311 46:643

--------------------------------------------------------------------

Section 10311 requires a shipping commissioner, when discharging

a seaman, either to provide the seaman with a certificate of

discharge or to make an entry in the seaman's continuous discharge

book. It requires that certain facts be included in the certificate

or in the entry, prohibits other information from being included,

and requires the Secretary to keep records of all discharges,

copies of which must be furnished to seamen at cost upon request.

These discharges are used to substantiate the nature and duration

of the seaman's employment on a particular vessel. This section

does not apply to fishing vessels, whaling vessels, or yachts.

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-206, Sec. 409(1), substituted

"master or individual in charge" for "shipping commissioner".

Subsec. (b). Pub. L. 103-206, Sec. 409(2), substituted "by the

master and the seaman" for "by the master, the seaman, and the

shipping commissioner as witness".

Subsec. (d)(1). Pub. L. 103-206, Sec. 409(3), substituted "owner,

charterer, managing operator, master, or individual in charge" for

"Secretary".

Subsec. (d)(2). Pub. L. 103-206, Sec. 409(4), substituted "at the

request of the seaman" for "at a cost prescribed by regulation".

-End-

-CITE-

46 USC Sec. 10312 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10312. Settlements on discharge

-STATUTE-

When discharge and settlement are completed, the master,

individual in charge, or owner and each seaman shall sign the

agreement required by section 10302 of this title.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 565; Pub. L. 103-206, title

IV, Sec. 410, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised section Source section (U.S. Code)

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10312(a), (b), (d)-(f) 46:644

10312(c) 46:652

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Section 10312 outlines the procedures for settlements upon

discharge and for settling disputes over seamen's wages and

discharges.

AMENDMENTS

1993 - Pub. L. 103-206 amended heading and text of section

generally, substituting text consisting of sentence relating to

signing agreements on discharge and settlement for former subsecs.

(a) to (f) relating to such agreements, proceedings before shipping

commissioners to settle disputes, certified copies of agreements,

evidence of release of claims, and statements of wages paid.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10313, 10504 of this

title.

-End-

-CITE-

46 USC Sec. 10313 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10313. Wages

-STATUTE-

(a) A seaman's entitlement to wages and provisions begins when

the seaman begins work or when specified in the agreement required

by section 10302 of this title for the seaman to begin work or be

present on board, whichever is earlier.

(b) Wages are not dependent on the earning of freight by the

vessel. When the loss or wreck of the vessel ends the service of a

seaman before the end of the period contemplated in the agreement,

the seaman is entitled to wages for the period of time actually

served. The seaman shall be deemed a destitute seaman under section

11104 of this title. This subsection applies to a fishing or

whaling vessel but not a yacht.

(c) When a seaman who has signed an agreement is discharged

improperly before the beginning of the voyage or before one month's

wages are earned, without the seaman's consent and without the

seaman's fault justifying discharge, the seaman is entitled to

receive from the master or owner, in addition to wages earned, one

month's wages as compensation.

(d) A seaman is not entitled to wages for a period during which

the seaman -

(1) unlawfully failed to work when required, after the time

fixed by the agreement for the seaman to begin work; or

(2) lawfully was imprisoned for an offense, unless a court

hearing the case otherwise directs.

(e) After the beginning of the voyage, a seaman is entitled to

receive from the master, on demand, one-half of the balance of

wages earned and unpaid at each port at which the vessel loads or

delivers cargo during the voyage. A demand may not be made before

the expiration of 5 days from the beginning of the voyage, not more

than once in 5 days, and not more than once in the same port on the

same entry. If a master does not comply with this subsection, the

seaman is released from the agreement and is entitled to payment of

all wages earned. Notwithstanding a release signed by a seaman

under section 10312 of this title, a court having jurisdiction may

set aside, for good cause shown, the release and take action that

justice requires. This subsection does not apply to a fishing or

whaling vessel or a yacht.

(f) At the end of a voyage, the master shall pay each seaman the

balance of wages due the seaman within 24 hours after the cargo has

been discharged or within 4 days after the seaman is discharged,

whichever is earlier. When a seaman is discharged and final payment

of wages is delayed for the period permitted by this subsection,

the seaman is entitled at the time of discharge to one-third of the

wages due the seaman.

(g) When payment is not made as provided under subsection (f) of

this section without sufficient cause, the master or owner shall

pay to the seaman 2 days' wages for each day payment is delayed.

(h) Subsections (f) and (g) of this section do not apply to a

fishing or whaling vessel or a yacht.

(i) This section applies to a seaman on a foreign vessel when in

a harbor of the United States. The courts are available to the

seaman for the enforcement of this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99-640, Sec.

10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10313(a) 46:591

10313(b) 46:592

46:593

10313(c) 46:594

10313(d) 46:595

10313(e)-(i) 46:596

46:597

46:598

--------------------------------------------------------------------

Section 10313 provides that a seaman's entitlement to wages

begins when the seaman begins work, or as specified in the shipping

agreement. This section also qualifies a seaman's entitlement to

wages if the vessel is lost or wrecked, if the seaman is discharged

improperly, or if the seaman unlawfully failed to work or was

imprisoned. It also establishes procedures for the payment of wages

at each port the vessel loads or unloads cargo, and at the end of

the voyage. This section applies to seamen on foreign vessels in

United States harbors, but not to fishing vessels, whaling vessels

or yachts.

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-640 struck out last sentence which

read as follows: "However, this subsection applies to a vessel

taking oysters."

Subsec. (h). Pub. L. 99-640 struck out last sentence which read

as follows: "However, subsections (f) and (g) apply to a vessel

taking oysters."

-End-

-CITE-

46 USC Sec. 10314 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10314. Advances

-STATUTE-

(a)(1) A person may not -

(A) pay a seaman wages in advance of the time when the seaman

has earned the wages;

(B) pay advance wages of the seaman to another person; or

(C) make to another person an order, note, or other evidence of

indebtedness of the wages, or pay another person, for the

engagement of seamen when payment is deducted or to be deducted

from the seaman's wage.

(2) A person violating this subsection is liable to the United

States Government for a civil penalty of not more than $500. A

payment made in violation of this subsection does not relieve the

vessel or the master from the duty to pay all wages after they have

been earned.

(b) A person demanding or receiving from a seaman or an

individual seeking employment as a seaman, remuneration for

providing the seaman or individual with employment, is liable to

the Government for a civil penalty of not more than $500.

(c) This section applies to a foreign vessel when in waters of

the United States. An owner, charterer, managing operator, agent,

or master of a foreign vessel violating this section is liable to

the Government for the same penalty as an owner, charterer,

managing operator, agent, or master of a vessel of the United

States for the same violation.

(d) The owner, charterer, managing operator, agent, or master of

a vessel seeking clearance from a port of the United States shall

present the agreement required by section 10302 of this title at

the office of clearance. Clearance may be granted to a vessel only

if this section has been complied with.

(e) This section does not apply to a fishing or whaling vessel or

a yacht.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99-640, Sec.

10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10314 46:599

--------------------------------------------------------------------

Section 10314 forbids advance payment of wages to seamen prior to

the commencement of the seaman's employment. It provides a civil

penalty of $500 for any person making such a payment, and for any

person demanding or receiving remuneration for providing a seaman

with employment. This means that the use of employment agencies for

hiring seamen is prohibited. It also requires compliance with

section 10302 regarding the signing of articles of agreement before

a vessel can be cleared from a United States port. This section

applies to foreign vessels in United States waters but not to

fishing vessels, whaling vessels or yachts.

AMENDMENTS

1986 - Subsec. (e). Pub. L. 99-640 struck out last sentence which

read as follows: "However, this section applies to a vessel taking

oysters."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 10316 of this title.

-End-

-CITE-

46 USC Sec. 10315 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10315. Allotments

-STATUTE-

(a) Under prescribed regulations, a seaman may stipulate as

follows in the agreement required by section 10302 of this title

for an allotment of any part of the wages the seaman may earn:

(1) to the seaman's grandparents, parents, spouse, sister,

brother, or children;

(2) to an agency designated by the Secretary of the Treasury to

handle applications for United States savings bonds, to purchase

bonds for the seaman; and

(3) for deposits to be made in an account for savings or

investment opened by the seaman and maintained in the seaman's

name at a savings bank or a savings institution in which the

accounts are insured by the Federal Deposit Insurance Corporation

or the Federal Savings and Loan Insurance Corporation.

(b) An allotment is valid only if made in writing and signed by

and approved by a shipping commissioner. The shipping commissioner

shall examine allotments and the parties to them to enforce

compliance with the law. Stipulations for allotments made at the

beginning of a voyage shall be included in the agreement and shall

state the amounts and times of payment and the person to whom

payments are to be made.

(c) Only an allotment complying with this section is lawful. A

person falsely claiming qualification as an allottee under this

section is liable to the United States Government for a civil

penalty of not more than $500.

(d) The owner, charterer, managing operator, agent, or master of

a vessel seeking clearance from a port of the United States shall

present the agreement at the office of clearance. Clearance may be

granted to a vessel only if this section has been complied with.

(e) This section applies to a foreign vessel when in waters of

the United States. An owner, charterer, managing operator, agent,

or master of a foreign vessel violating this section is liable to

the Government for the same penalty as an owner, charterer,

managing operator, agent, or master of a vessel of the United

States for the same violation.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 567.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10315 46:599

--------------------------------------------------------------------

Section 10315 lists the persons to whom a seaman may allot wages,

specifies the conditions which make an allotment valid, and

provides a civil penalty of $500 for falsely claiming qualification

as an allottee. It also requires that this section be complied with

before a vessel can be cleared from a United States port. This

section applies to foreign vessels.

-TRANS-

TRANSFER OF FUNCTIONS

Federal Savings and Loan Insurance Corporation abolished and

functions transferred, see sections 401 to 406 of Pub. L. 101-73,

set out as a note under section 1437 of Title 12, Banks and

Banking.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 10316, 11109 of this

title.

-End-

-CITE-

46 USC Sec. 10316 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10316. Trusts

-STATUTE-

Sections 10314 and 10315 of this title do not prevent an employer

from making deductions from the wages of a seaman, with the written

consent of the seaman, if -

(1) the deductions are paid into a trust fund established only

for the benefit of seamen employed by that employer, and the

families and dependents of those seamen (or of those seamen,

families, and dependents jointly with other seamen employed by

other employers, and the families and dependents of the other

seamen); and

(2) the payments are held in trust to provide, from principal

or interest, or both, any of the following benefits for those

seamen and their families and dependents:

(A) medical or hospital care, or both.

(B) pensions on retirement or death of the seaman.

(C) life insurance.

(D) unemployment benefits.

(E) compensation for illness or injuries resulting from

occupational activity.

(F) sickness, accident, and disability compensation.

(G) purchasing insurance to provide any of the benefits

specified in this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10316 46:599(g)

--------------------------------------------------------------------

Section 10316 qualifies the two previous sections by allowing an

employer to make deductions from seamen's wages for the purpose of

placing the wages into a trust fund or holding them in trust to

provide for the seamen's benefit.

-End-

-CITE-

46 USC Sec. 10317 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10317. Loss of lien and right to wages

-STATUTE-

A master or seaman by any agreement other than one provided for

in this chapter may not forfeit the master's or seaman's lien on

the vessel or be deprived of a remedy to which the master or seaman

otherwise would be entitled for the recovery of wages. A

stipulation in an agreement inconsistent with this chapter, or a

stipulation by which a seaman consents to abandon a right to wages

if the vessel is lost, or to abandon a right the seaman may have or

obtain in the nature of salvage, is void.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10317 46:600

--------------------------------------------------------------------

Section 10317 prohibits a master or seaman from entering into an

agreement which forfeits his or her lien on the vessel or other

remedy for recovery of wages, and renders such agreements void.

-End-

-CITE-

46 USC Sec. 10318 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10318. Wages on discharge in foreign ports

-STATUTE-

(a) When a master or seaman applies to a consular officer for the

discharge of the seaman, the consular officer shall require the

master to pay the seaman's wages if it appears that the seaman has

carried out the agreement required by section 10302 of this title

or otherwise is entitled to be discharged. Then the consular

officer shall discharge the seaman. A consular officer shall

require the payment of extra wages only as provided in this section

or in chapter 109 of this title.

(b) When discharging a seaman, a consular officer who fails to

require the payment of the wages due a seaman at the time, and of

the extra wages due under subsection (a) of this section, is

accountable to the United States Government for the total amount.

(c) A seaman discharged under this section with the consent of

the seaman is entitled to wages up to the time of discharge, but

not for any additional period.

(d) If the seaman is discharged involuntarily, and it appears

that the discharge was not because of neglect of duty,

incompetency, or injury incurred on the vessel, the master shall

provide the seaman with employment on a vessel agreed to by the

seaman or shall provide the seaman with one month's extra wages.

(e) Expenses for the maintenance and return of an ill or injured

seaman to the United States shall be paid by the Secretary of

State. If a seaman is incapacitated by illness or injury and prompt

discharge is necessary, but a personal appearance of the master

before a consular officer is impracticable, the master may provide

transportation to the seaman to the nearest consular officer for

discharge.

(f) A deduction from wages of the seaman is permitted only if the

deduction appears in the account of the seaman required to be

delivered under section 10310 of this title, except for matters

arising after delivery of the account, in which case a

supplementary account is required. During a voyage, the master

shall record in the official logbook the matters about which

deductions are to be made with the amounts of the deductions. The

entries shall be made as the matters occur. The master shall

produce the official logbook at the time of payment of wages, and

also before a competent authority on the hearing of any complaint

or question about the payment of wages.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 568.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10318 46:682

46:683

--------------------------------------------------------------------

Section 10318 establishes consular officers' responsibilities in

discharging seamen and the seamen's right to wages when discharged

and when incapacitated by illness or injury. It also requires a

master to record in the official logbook all matters for which

deductions are to be made from seamen's wages.

-End-

-CITE-

46 USC Sec. 10319 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10319. Costs of a criminal conviction

-STATUTE-

In a proceeding about a seaman's wages, if it is shown that the

seaman was convicted during the voyage of an offense by a competent

tribunal and sentenced by the tribunal, the court hearing the case

may direct that a part of the wages due the seaman, but not more

than $15, be applied to reimburse the master for costs properly

incurred in procuring the conviction and sentence.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10319 46:707

--------------------------------------------------------------------

Section 10319 provides that if a seaman was convicted during a

voyage by a tribunal, that the court may direct that up to $15 of

the seaman's wages be used to reimburse the master for the costs

incurred.

-End-

-CITE-

46 USC Sec. 10320 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10320. Records of seamen

-STATUTE-

The Secretary shall prescribe regulations requiring vessel owners

to maintain records of seamen on matters of engagement, discharge,

and service. A vessel owner shall make these records available to

the seaman and the Coast Guard on request.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103-206, title

IV, Sec. 411, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10320 ................

..............................

--------------------------------------------------------------------

Section 10320 authorizes the Secretary to provide for the

maintenance of records of the engagement, discharge, or service of

seamen.

AMENDMENTS

1993 - Pub. L. 103-206 amended heading and text of section

generally. Prior to amendment, text read as follows: "The Secretary

may prescribe regulations for reporting by a master of matters

about the engagement, discharge, or service of seamen that may be

needed in keeping central records of seamen."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-End-

-CITE-

46 USC Sec. 10321 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 103 - FOREIGN AND INTERCOASTAL VOYAGES

-HEAD-

Sec. 10321. General penalty

-STATUTE-

(a) A person violating any provision of this chapter or a

regulation prescribed under this chapter is liable to the United

States Government for a civil penalty of not more than $5,000.

(b) The vessel is liable in rem for any penalty assessed under

this section.

-SOURCE-

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 569; Pub. L. 103-206, title

IV, Sec. 412, Dec. 20, 1993, 107 Stat. 2437.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised section Source section (U.S. Code)

--------------------------------------------------------------------

10321 46:567

46:568

46:571

46:661

46:665

--------------------------------------------------------------------

Section 10321 makes a vessel on which a seaman is carried to sea

in violation of this chapter or regulation prescribed under this

chapter liable in rem to the United States Government for a civil

penalty of $200 for each seaman carried in violation.

AMENDMENTS

1993 - Pub. L. 103-206 amended heading and text of section

generally. Prior to amendment, text read as follows: "The owner,

charterer, managing operator, agent, or master of a vessel on which

a seaman is carried in violation of this chapter or a regulation

prescribed under this chapter is liable to the United States

Government for a civil penalty of $200 for each seaman carried in

violation. The vessel also is liable in rem for the penalty."

-End-