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(c) Two copies, under cover of a despatch, submitted to the Department (one copy for transmission to the General Accounting Office). In all cases where the residue of the personal estate is to be transmitted to the General Accounting Office for safekeeping and disposition (see 88 72.46 to 72.48), the original should be sent to the Department, together with the two copies normally submitted, accompanied by a despatch giving detailed information concerning the efforts made by the consular officer to deliver the personal effects to a legal representative or other authorized person. Any information concerning the last known address of the decedent in the United States should also be supplied. 8 72.52 Fee services.
The fee prescribed by Item No. 46 of the Tariff of the United States Foreign Service Fees constitutes the first charge against the personal estate and should be assessed on the gross value of the estate in the consular officer's possession (§ 72.38). The consular officer should collect a fee of $2.00 for each $100 of the total value, or fraction thereof, for taking into possession as provisional conservator, inventorying, selling and finally disposing of the personal estate of a deceased citizen in the manner prescribed by the regulations in this part. The personal estate should not be released until the fee has been collected. $ 72.53 No-fee services.
Fees are not chargeable: (a) For placing the official seal upon
real or personal property or on the effects of the decedent, or for breaking or removing such seals (§ 72.29);
(b) On funds furnished by relatives or other interested persons to cover expenses incident to the death and disposition of the remains, or for the settlement of the estate ($ 72.39(b));
(c) On securities and other instruments not negotiated (or not negotiable) by the consular officer (§ 72.28(g)), or on bank deposits;
(d) For releasing on the spot against memorandum receipt and without occasion either for safekeeping on official accountability or for consular inventory and appraisal, to the legal representative : or other authcrized person in the country, of personal property taken into nominal possession for the explicit purpose of transfer of custody (8 72.29(a)). 8 72.54 Estates of Government person
nel exempt from free assessments. The personal estates of all officers and employees of the United States who die abroad while on official duty, including military and civilian personnel of the Department of Defense and United States Coast Guard (see 88 72.23 and 72.24) are exempt from the assessment of any Foreign Service fees. & 72.55 Estates of citizens dying on the
high seas exempt from fee assess
ments. The personal estates of all United States citizens who have died on the high seas are exempt from the assessment of any Foreign Service fees (see § 72.25).
SUBCHAPTER SHIPPING AND SEAMEN
PART 81–GENERAL Sec. 81.1 Definitions. 81.2 Status of American public vessels. 81.3 Status of vessels of the United States. 81.4 Status of American undocumented
vessels. 81.5 Status of foreign vessels. 81.6 Status as American seamen. 81.7 Status of Puerto Rican and Virgin
Island seamen. 81.8 Effect of employment on American
public vessels. 81.9 Effect of employment on vessels of
the United States. 81.10 Effect of employment on barges,
dredges, tugs at foreign ports.
Sec. 81.11 Effect of employment on American
undocumented vessels. 81.12 Effect of employment on foreign
vessels. 81.13 Function of the Foreign Service. 81.14 Consular responsibilities to vessels.
AUTHORITY: The provisions of this Part 81 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842.
SOURCE: The provisions of this Part 81 appear at 22 F.R. 10848, Dec. 27, 1957, unless otherwise noted. § 81.1 Definitions.
(a) The term “vessel” includes every description of water craft or other con
trivance used, or capable of being used, as a means of transportation on water, but does not include seaplanes or other aircraft.
(b) "American vessel” means any United States-owned vessel which is not registered under the laws of a foreign government. American vessels are classified as American public vessels, vessels of the United States, and American undocumented vessels.
(c) “American public vessel" means any vessel owned or operated by a United States Government department or agency and engaged exclusively in official business on a non-commercial basis.
(d) “Vessel of the United States". means any vessel documented under the laws of the United States.
(e) "American undocumented vessel" means any American vessel, other than an American public vessel, which is not documented under the laws of the United States. River or inter-island craft operating in foreign waters often fall in this category.
(f) "Foreign vessel” means any foreign-owned vessel, or any vessel regardless of ownership, which is documented under the laws of a foreign country.
(g) "Master" means any person having command of a vessel.
(h) The term “crew of a vessel” includes every person employed in any capacity on a vessel in pursuance of some contract or arrangement with the owner or master, but excludes laborers or other persons hired locally for work aboard ship while the vessel is in port.
(i) “Seaman" means any person employed as a member of the crew of a vessel.
(j) “American seaman” means any seaman, regardless of nationality, who has this status (see $ 81.6).
(k) “Alien seaman” means a seaman of foreign nationality who does not have status as an American seaman.
(1) “Passenger vessel" means any vessel authorized to carry more than twelve persons in addition to the master, the crew, or other persons employed or engaged on board a vessel in any capacity connected with the business of the vessel.
(m) "Classification society” means an organization for establishing safe minimum standards for the strength of the hull and the reliability of the machinery of a vessel. Classification societies are quasi-governmental. The American classification society is the American
Bureau of Shipping; the British, Lloyds Register; the French, Bureau Veritas. § 81.2 Status of American public vessels.
American public vessels are usually accorded the courtesies of the port, and exempted from entry and clearance requirements. If, however, a United States Government-owned vessel is manned by a merchant crew (not military or civilservice personnel) and/or carries commercial cargo or passengers, public vessel exemptions may be denied it by local authorities. $ 81.3 Status of vessels of the United
States. Vessels documented under the laws of the United States are entitled to prlyileges and subject to the obligations prescribed by the laws of the United States for merchant vessels. The type of privileges and obligations appertaining to such vessels depends upon the form and the purpose of their documentation. § 81.4 Status of American undocu.
mented vessels. American undocumented vessels are not under the jurisdiction of the United States, and consequently are not subject to the obligations nor entitled to the protection accorded vessels of the United States abroad. However, such vessels are entitled to the same degree of protection accorded any other property abroad owned by United States citizens. § 81.5 Status of foreign vessels.
Vessels under foreign registry are of no concern as such to United States consular officers except in cases where such officers are authorized to perform protective services for the vessels of a foreign power. $ 81.6 Status as American seamen.
(a) Acquisition by United States citizens or nationals. A United States citizen or national acquires status as an American seaman by shipping on a vessel of the United States. After three or more years of relatively continuous service on merchant vessels of the United States, he may retain his status as an American seaman even if not so engaged for a period of up to one year.
(b) Acquisition by foreign citizens or nationals. A foreign citizen or national acquires status as an American seaman only by shipping on a vessel of the United States in a port of the United States.
Having once acquired this status, he may thereafter reship on any vessel of the United States either in a foreign port or in a United States port without losing his status. However, if a foreign citizen or national having status as an American seaman deserts from a vessel of the United States except as a result of cruel or unusual treatment, or ships on a foreign vessel, or definitely abandons his calling as a seaman, he forfeits this status. A foreign citizen or national who has forfeited his status as an American seaman can regain such status only by following the procedure prescribed for acquiring the status originally. $ 81.7 Status of Puerto Rican and
Virgin Island seamen. Puerto Rican and Virgin Island seamen, who are United States citizens or nationals, can acquire status as American seamen in accordance with the provisions of $ 81.6(a). Those who are not United States citizens or nationals must acquire this status in the same manner as any other foreign citizens or nationals (see § 81.6 (b)). $ 81.8 Effect of employment on Ameri
can public vessels. The master and crew of an American public vessel are usually either military or civil-service personnel and not American seamen within the meaning of $ 81.1 (j), except in individual cases where this status has been previously acquired and is still retained. However, the master and crew of a vessel, owned or chartered by a United States Government agency but operated by a private concern on behalf of that agency, who sign shipping articles before a United States shipping commissioner, are American seamen within the meaning of $ 81.1(j), and their service on such vessels affords them the same rights and privileges as service on vessels of the United States. § 81.9 Effect of employment on vessels
of the United States. The master and crew of a vessel of the United States are subject during the period of their employment to the jurisdiction of the United States, and are entitled to the protection of its laws in matters relating to their employment. Also as a result of this service, they may acquire and retain status as American seamen, subject to the conditions set forth in $ 81.6.
8 81.10 Effect of employment on barges,
dredges, tugs at foreign ports. The master and crew of an American documented barge, dredge, or tug, who sign United States Coast Guard shipping articles before a shipping commissioner, are American seamen and have the same rights and privileges as seamen employed on any other vessel of the United States. § 81.11 Effect of employment on Ameri.
can undocumented vessels. The master and crew of an American undocumented vessel are not subject to the jurisdiction of the United States by reason of their employment, and are not as a matter of right entitled to the protection of its laws in questions affecting such employment. However, in the case of United States citizens employed on such a vessel, the master of the vessel may request a United States consular officer to ship and discharge such seamen in foreign ports in accordance with the procedure followed in the case of seamen on vessels of the United States, and the consular officer shall accede to such request. A United States consular officer has no authority over foreign nationals employed on American undocumented vessels, and consequently cannot ship or discharge such seamen. $ 81.12 Effect of employment on for
eign vessels. United States citizens employed on foreign vessels are, during the period of their employment, subject to the jurisdiction of the country under whose registry the vessel operates, and have no claim at foreign ports to the special protection, in matters relating to their employment, which the laws of the United States afford seamen employed on vessels of the United States. § 81.13 Function of the Foreign Service.
(a) Description. The shipping and seamen function of the Foreign Service consists of the activities prescribed in Parts 81 through 88 of this chapter. These activities are for the protection or assistance of American vessels and American seamen in foreign ports and places.
(b) Post responsibility. Obviously, only Foreign Service seaport posts are required to perform many of the activities prescribed in this chapter. Inland posts are not required to perform activities attendant upon the arrival of a vessel in a foreign port. However, all posts
are responsible for such activities as the officers of the United States and acrelief of stranded American seamen, in- credited in this capacity in the foreign tervention on behalf of these seamen country of assignment. with local authorities, reports on the
$ 81.14 Consular responsibilities to vesdeaths of American seamen, and the con
sels. servation of their effects, etc. The responsibilities of seaport and inland con- (a) American public vessels. Except as sular agencies are similar to those of set forth in $ 81.3, the welfare of the other seaport and inland Foreign Service master and crew of an American public posts, except that, where the settlement vessel as seamen is not of concern to of a controversy or the expenditure of
United States consular officers. Assistfunds is involved in a shipping and sea- ance may, however, be rendered on man case, the consular agency shall con
behalf and under instructions of the sult with, and act under the direction of, Government agency concerned. the supervising Foreign Service post.
(b) Vessels of the United States. Re(c) Post jurisdiction. Theoretically, sponsibilities to vessels of the United the consular district of a post determines
States are outlined in Parts 81 through its jurisdiction in a shipping and seaman
88 of this chapter and concern the procase. However, as has been pointed out
tection of both ship and crew. in paragraph (b) of this section, the (c) American undocumented vessels. actual responsibilities of posts differ.
A United States consular officer may, Also, under the provisions of the Federal
when requested to do so by the master statutes of the United States, even a sea
of an American undocumented vessel port post is not required to perform many
arriving at a foreign port, render services activities unless the need therefor arises substantially similar to those rendered at the place where the post is located. masters of vessels of the United States, For example, post employees assigned to subject to the payment of the fees preshipping work are not required to leave
scribed for such services in the Tariff the immediate locale of the post to ship of United States Foreign Service Fees or discharge a seaman, but if a vessel is
(see § 81.11). wrecked along the coast, the post having (d) Foreign vessels. United States jurisdiction over the territory where the consular officers shall furnish masters of wreck occurs is responsible for reporting foreign vessels clearing for ports of the the wreck and carrying out the owner's United States with pertinent informainstructions with reference to the con- tion concerning documents required by servation of the wrecked vessel. The such vessels for entry, and shall perform question of whether a post should per- such services in connection therewith as form shipping and seamen activities
are prescribed by applicable law and by within the consular district, but away
such administrative instructions as may from the actual location of the post is
from time to time be issued. one which must be decided in the light of the statute and regulations governing the performance of a particular activity.
PART 82--VESSELS OF THE UNITED (d) Place in post organizational pat
STATES IN FOREIGN PORTS tern. The shipping and seamen function
Sec. is a part of the consular program of a 82.1 Definition of ship's papers. Foreign Service post. Therefore, the 82.2 Acceptance and receipting for ship's consular section of a post is responsible
papers. for carrying out the activities which
Return of papers to master. comprise this function. This responsi
82.4 Withholding of papers.
82.5 bility must be discharged, however, in
Disposition of papers left at consulate.
82.6 accordance with the provisions of para
Report regarding failure of master to
deposit papers. graph (e) of this section.
82.7 Prosecution of master for failure to (e) Employee authority and responsi
deposit papers. bility. Under United States Federal 82.8 Register of Shipping and Seamen. statutes, in the Foreign Service only
82.9 Crew mail. United States consular officers have au
82.11 Pilot charts and navigation notices.
82.12 thority to perform shipping and seamen
Marine notes of protest.
82.13 Violations of the International Loadactivities prescribed by statute. Accord
Line Convention. ingly, employees assigned to shipping
82.14 Certificates under International conand seamen work at a Foreign Service
vention for the safety of Life at post must be commissioned as consular
consular officer shall immediately tele82.15 Shipment of seamen.
graph the Department of State for in82.16 Discharge of seamen.
structions. 82.17 Consular responsibilities for payment of wages.
§ 82.5 Disposition of papers left at 82.18 Medium for payment of wages.
consulate. 82.19 Desertions and fallure to rejoin.
When the master of a vessel of the AUTHORITY: The provisions of this part 82
United States departs from a foreign Issued under sec. 302, 60 Stat, 1001; 22 U.S.C.
seaport, leaving the ship's papers in 842, unless otherwise noted.
the possession of the consular oficer, SOURCE: The provisions of this Part 82 that oficer may transmit the papers appear at 22 F.R, 10850, Dec. 27, 1957, unless
with covering report to the United States otherwise noted.
consular officer at the ship's next foreign § 82.1 Definition of ship's papers.
port of call if circumstances make this
action advisable and if no valid reason The term "ship's papers" includes the
exists for withholding the papers from marine document of a vessel of the
the master. When return of the ship's United States, its shipping agreement,
papers to the master or some other duly and its crew list. "Marine document"
qualified officer is impossible, or when means the certificate issued each vessel
the ship is en route to the United States, of the United States, evidencing its doc
the consular officer shall transmit the umentation under the laws of the United
papers to the Department of State imStates.
mediately, under cover of a despatch, § 82.2 Acceptance and receipting for giving a detailed statement of the facts ship's papers.
in the case. A consular officer shall accept the § 82.6 Report regarding failure of masship’s papers proffered him by the master ter to deposit papers. of a vessel of the United States, or his
If the master of a vessel of the United duly qualified subordinate, and, when re-.
States persists in refusing to deposit his quested to do so, shall give a receipt
papers with the consular officer, or detherefor. This receipt need not be re
parts with his vessel without so doing turned to the consular officer.
and without reasonable cause for such § 82.3 Return of papers to master.
failure, the consular officer shall execute
a certificate for use in prosecuting the Except as provided in § 82.4, the con
master for his failure to deposit the sular oficer shall return the ship's papers to the master of the vessel, pro
ship's papers. vided the master has first fulfilled the $ 82.7 Prosecution of master for failure following conditions:
to deposit papers. (a) Produced a clearance of the ves
The Department of Justice will consel issued by the proper oficer in the
duct the prosecution of the master of the port; (b) Complied with the provisions of
vessel in the name of the consular officer, law relating to the discharge of seamen;
who will not appear personally. Failure (c) Paid to the consular oficer arrears
of the consular officer to notify the in wages and extra wages due seamen
master of the vessel of the statutory prodischarged at the port or issued wage
visions of law about the deposit of ship's vouchers to such seamen;
papers will not serve as a defense in such (d) Paid such fees and demands as a case. are collectible under the law and the
$ 82.8 Register of Shipping and Searegulations in this part. (R.S. 1718, 4309; 22 U.S.C. 1185, 46 U.S.C.
Each Foreign Service seaport post, 354)
including each seaport consular agency, § 82.4 Withholding of papers.
shall keep a complete record of transThe consular officer shall withhold the actions relating to vessels which deposit ship's papers when the ship is proceeding their ship's papers at the office of the on à voyage or carrying cargo contrary post. This record shall be known as the to the laws or regulations of the United “Register of Shipping and Seamen" and States. In the event of such withhold- shall be maintained on Forms FS-2818, ing or contemplated withholding, the FS-281b and FS-281c.