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& 82.9 Crew mail.

A Foreign Service post may accept mail addressed to seamen on vessels of the United States and either hold or forward it according to the circumstances. A crew member may call for his mail, or a ship's officer, when depositing the ship's papers, may pick up mail for crew. Mail may be forwarded as instructed in the Register of Shipping and Seamen. The Foreign Service post shall not use public funds to pay postage or customs charges levied against personal mail or packages of seamen. $ 82.11 Pilot charts and navigation

notices. United States consular officers shall post the pilot charts and notices to mariners published by the United States Naval Oceanographic Office, in a conspicuous place in the Foreign Service offices, and shall call the attention of shipmasters to such charts and notices. & 82.12 Marine notes of protest.

(a) Necessity for personal appearance of master. The taking of the marine note of protest by a United States consular officer is a service for the operators of a vessel. The consular officer shall, therefore, require the master of the vessel to make the protest in person before him, unless the operators have furnished the consular officer with a written statement authorizing the making of the protest by an officer of the vessel other than the master. Under no circumstances shall a consular officer waive personal appearance by the master without the specific authorization of the ship's operators.

(b) Form used. A simple note of protest and all certified copies thereof shall be executed on the face of Form FS-281d. An extended protest and all certified copies thereof shall be executed on the reverse side of Form FS-281d.

(c) Execution of forms. A note of protest shall be prepared in an original and as many carbon copies as necessary to permit furnishing the required number of certified copies. The form should be typed. The original shall signed, sealed with the consular impression seal, and filed in the Register of Shipping and Seamen binder with other forms relating to the particular entry and clearance of the vessel concerned. The carbon copies of the protest shall be certified and fur

nished to the master of the vessel for his use and for the use of other officers and the owner of the vessel. Consular officers shall not certify any carbon copies which are illegible.

(d) Fees charged. No fees shall be charged for the filing of a marine note of protest by the master of a vessel of the United States. In cases of undocumented American vessels or of foreign vessels, fees in accordance with items 30 and 31 of the Tariff of Fees shall be charged. In those cases where fees are chargeable for this service, consular officers shall not charge an additional fee for certified copies of a marine protest issued at the same time as the original protest but shall charge the fee indicated in item 75 of the Tariff of Fees for copies issued subsequent to the execution of the original protest. The fees for additional copies shall be applicable to American ship operators and agents as well as to foreign shipping interests. 8 82.13 Violations of the International

Load-Line Convention. If a vessel of the United States in a foreign port is alleged to be loaded deeper than the draft permissible under the International Load-Line Convention, 1930 (Treaty Series 858), the enforcement authorities of the port are required to notify the consular officer as soon as possible. If the master of the vessel contends that his ship is not violating the Convention, the consular officer shall immediately investigate the matter, and if it appears that the charge is unfounded, he shall protest to the appropriate authorities. A report of every violation charge shall be made to the Department for the information of the United States Coast Guard. 8 82.14 Certificates under International

Convention for the Safety of Life at

Sea. (a) Issuance of certificates. International Certificates are issued to United States vessels by the United States Coast Guard after appropriate inspections have been made by the Federal Communications Commission or the Coast Guard, or both, in ports of the United States. These certificates are valid for one year with the exception of the Safety Equipment Certificate which is valid for two years.

(b) Extension or reissue of certificates. When an International Certificate,

issued under the terms of the Interna- Certificate while in a foreign port are tional Convention for the safety of Life not likely to occur. Should such a at Sea, 1948, to a vessel of the United situation arise, advice shall be requested States, expires before or at the time the from the Department, which will convessel reaches a foreign port, or will ex- fer with the Coast Guard and the Fedpire before the vessel reaches a port of eral Communications Commission and the United States, it may be extended by issue instructions to the consular officer. the consular officer or a new certificate A certificate issued by a government of may be issued by authorities of a foreign a country not a party to the Convention Government which is a party to the has no validity and consular oficers Convention, according to the preference at a foreign port within the allegiance of the master. The request must come of such a country may not request that from the master. A request or pref- government to issue any certificate reerence expressed by the agent of a United quired under the Convention. States vessel should not be honored un- (e) Violations of the International less the agent is acting at the master's Convention for the safety of Life at Sea, specific request.

1948. While the possession of the ap(c) Extension procedure abroad. At propriate International Certificate(s) is the instance of the master of a vessel evidence that the vessel was complying of the United States, a United States with the applicable provisions of the Conconsular officer at any foreign port may vention at the time the certificate was extend a Convention Certificate in ac- issued, authorities of a foreign governcordance with the provisions of Chapter ment at a port in which the vessel is, I, Regulation 13 (b) and (c) of the have a right to inspect the vessel for the Convention, if it appears proper and purpose of determining that it is still reasonable to do so. An inspection and complying substantially with these prosurvey is not a prerequisite for an ex- visions. Should this inspection lead to & tension, but the master of the vessel requirement being imposed upon the vesand the chief radio officer in the case of sel, Chapter I, Regulation 18 of the Cona cargo ship, or the master of the vessel, vention, requires that the consular officer the chief engineer, and the chief radio be informed in writing forthwith of all officer in the case of a passenger ship, the circumstances. If the master proshall be required to furnish an affidavit tests the requirement, the consular ofthat to the best of their knowledge and ficer shall investigate the situation and, belief, the vessel complies with the ap- if the evidence warrants, shall make plicable requirements of the Convention. representations to the proper authorities. The consular officer shall extend the It is not expected that in matters of certificate by typing an endorsement. judgment the decisions of the local auThe consular officer shall sign the en- thorities shall be questioned (e.g., dorsement and shall seal the document whether an item of required equipment with the consular impression seal.

is worn out or not). But where quan(d) Issuance procedure abroad. Upon titative standards are prescribed by the the receipt, by a consular officer at a Convention (e. g., number of life buoys), foreign port within the allegiance of a greater number should not be required. a government which is a party to the Where a requirement is not protested as Safety Convention, of a request from the to justification but will involve delay to master of a cargo vessel that a Safety the vessel, the consular officer may be Radiotelegraphy Certificate or a Safety able to obtain permission for the ship to Equipment Certificate be issued to his depart if the master gives assurance that vessel, the officer shall, in accordance the deficiency will be made good at the with the provisions of Chapter I, Reg- next port of call. ulation 12 of the Convention, request

§ 82.15 Shipment of seamen. the appropriate local government authorities to inspect the vessel, for com- When a seaman is shipped before a pliance with the requirements of the United States consular officer at a forConvention and to issue, under the eign port, the consular officer shall see government's own

responsibility, that the seaman understands all the Safety Radiotelegraphy Certificate or a terms of the contract and the exact naSafety Equipment Certificate or both ture of the work for which he is engaged. to the vessel. The circumstances under When the shipment of a seaman at anwhich a passenger vessel would require other port is reported to a consular offia survey and the issuance of a Safety cer for certification, the oficer shall, be

a

fore so certifying, make sure that the seaman understands and has signed the shipping agreement as required. $ 82.16 Discharge of seamen.

(a) The master of a vessel of the United States cannot lawfully discharge a seaman in a foreign port without the intervention of the United States consular oficer if the seaman signed the shipping agreement before a United States Shipping Commissioner or consular offcer; and it is not material in such case that the discharge is made with the seaman's consent or that he has been guilty of misconduct, or is not a citizen of the United States. [7 Op. Att. Gen. 349.]

(b) A United States consular officer is authorized to discharge a seaman upon the application of the master of any vessel of the United States or upon the application of any seaman for his own discharge, if such officer is satisfied that the seaman has completed his shipping agreement or is entitled to his discharge under any act of Congress or according to the general principles or usages of maritime law as recognized in the United States. When a request is made for the discharge of a seaman, a consular officer shall inquire carefully into the facts and circumstances, and shall satisfy himself that good and substantial reasons exist for a discharge before granting the application. The seaman must be physically present to be discharged. (R. S. 4580, as amended; 46 U. S. C. 682) § 82.17 Consular responsibilities for

payment of wages. (a) Wages and extra wages due American seamen. When a United States consular officer discharges a seaman in a foreign port, the officer shall collect and pay to the seaman the arrears of wages and extra wages due him at the time of discharge, unless the seaman elects to accept, instead of immediate payment of the whole or a portion of his wages, a wage voucher signed by both the master and the seaman, evidencing the amount owed the seaman to be paid in future settlement. If a United States consular officer fails to collect the wages, extra wages or wage voucher on behalf of the seaman, the consular officer becomes accountable to the United States for the full amount thereof. The consular officer is not obligated to collect and pay to a seaman wages accruing to him subsequent to the time of his dis

charge, and should not intervene in attempts to collect such wages from the vessel's operators.

(b) Overtime compensation due American seamen. Overtime paid seamen is technically a part of their wages, but is payable under the provisions of maritime collective bargaining agreements. Consular officers are not, therefore, legally responsible for the collection and payment of overtime wages, and should leave disputes in relation to overtime for settlement in the United States where bargaining machinery has been established to handle them. When such a dispute arises, a simple statement may be attached to the wage voucher by the master indicating that any overtime due will be paid by the ship operator on arrival in the United States in accordance with the collective bargaining agreement.

(c) Bonus payments to American seamen. Bonus payments are in a similar category to overtime payments. Such payments may be collected or deferred according to the circumstances. Since masters and consular officers frequently do not have the latest bonus decisions when a seaman is discharged, controversies over bonus payments should be left for settlement upon the seaman's arrival in the United States.

(d) Wages due American seamen of foreign nationality. An American seaman of foreign nationality (see $§ 81.1 (j) and 81.6 (b) of this chapter) is entitled to extra wages on his discharge at a foreign port in all cases where an American seaman who is a United States citizen would be so entitled. On the other hand, an alien seaman as defined in $ 81.1 (k) of this chapter is not entitled to extra wages upon discharge. (Fed. Cas. No. 16002; 2 F. Rep. 264] $ 82.18 Medium for payment of wages.

(a) Currency. Moneys paid under the laws of the United States, by direction of United States consular officers or shipping agents, at any foreign port or place to American seamen as wages, extra or otherwise, shall be paid in United States coin or currency if permissible under the laws of the country in which payment is made; or in local currency at the current bank selling rate for sight drafts on New York prevailing on the date of collection.

(b) Voucher. A seaman discharged at a foreign port shall be given, if he so elects, instead of full or partial payment of his wages at the time of discharge, a wage voucher signed by the master, evidencing the amount owed the seaman to be paid in future settlement. § 82.19 Desertions and failure to rejoin.

(a) Obligation of master to report desertions. If the desertion occurs at a foreign port, the master should report the desertion to a United States consular officer within forty-eight hours if possible. If such notification is impossible, the desertion shall be reported at the next port of call where there is a United States consular officer.

(b) Consular responsibility. An alleged desertion shall be carefully investigated by a consular officer. He shall exercise care in interpreting the law and regulations defining desertion from vessels of the United States and shall not consider seamen deserters who are absent without leave or who overstay their leave without intent to sever connection with their vessel. Consular officers shall take every proper measure to discourage and defeat any proceedings on the part of masters under which seamen are permitted or forced to desert and subsequently come to the Foreign Service office for relief. A consular officer shall not certify the desertion statement of any master until satisfied that the desertion was not consented to or abetted by the master or his officers or was not justified by conduct on their part toward the seamen.

(c) Arrest of deserters. Sections 16 and 17 of the act of March 4, 1915, known as the “La Follette Act”, forbid the imprisonment of merchant seamen charged with desertion and all provisions of treaties contrary to this policy have been denounced. However, deserters are subject to the laws of the country where they may be, and not infrequently the local authorities detain deserters as persons who have not been lawfully admitted into the country under its immigration laws. In such cases, consular officers shall procure as liberal treatment as possible for the seamen detained, if they are American seamen.

(d) Disposition of deserter's wages on sale of vessel abroad. If the master refuses to comply with the demand, the consular officer shall report the facts by operations memorandum, together with the amount of the balance and the name of the deserter, to the Department. (R. S. 4081, as amended; 22 U.S.C. 258)

PART 83—PROTESTS, DISPUTES AND

OFFENSES Sec. 83.1 Legal right of seamen to protest. 83.2 Seamen's rights under collective bar

gaining agreements. 83.3 Seamen's right to survey. 83.4 Mandatory survey upon complaint of

seamen. 83.5 Consular investigation of disputes be

tween seamen. 83.6 Consular arbitration of disputes. 83.7 Jurisdiction over offenses committed

on the high seas. 83.8 Jurisdiction over offenses committed

in port or territorial waters. 83.9 Jurisdiction over offenses committed

ashore. 83.10 Consular responsibility for offenses

within foreign government's juris

diction. 83.11

Consular responsibility for offenses

outside foreign government's juris

diction. AUTHORITY: The provisions of this part 83 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842, unless otherwise noted.

SOURCE: The provisions of this Part 83 appear at 22 F.R. 10852, Dec. 27, 1957, unless otherwise noted. $ 83.1 Legal right of seamen to protest.

American seamen are entitled by statute to lay before United States consular officers their complaints with regard to provisions, condition of water, the unseaworthiness of their vessel, or continuance of the voyage contrary to agreement. No seaman may be restricted by the master from coming ashore to bring his complaints to the Foreign Service office unless circumstances render this action impossible. In such case the master must advise the consular officer of the seaman's desire to see him, at the same time setting forth the reasons why the seaman is not allowed ashore. Upon receipt of such communication, the consular officer shall proceed to the vessel to hear the complaint and take whatever action is indicated. § 83.2 Seamen's rights under collective

bargaining agreements. In practice, the seamen's right to complain is extended to almost any incident aboard ship. However, when seamen approach a Foreign Service office with complaints concerning failure of the master or ship's agents to extend them benefits provided by their collective bargaining agreements in such matters as lodging,

com.

repatriation, food allowances, and the the official log and for rectification of like, the seamen may be informed that conditions if necessary. A report shall consular officers are authorized to pro- also be made to the Judge of the District tect seamen's rights under the statutes Court for the district to which the vessel but are not authorized to inject them- is returning. selves into disputes between parties sig- (c) Payment of expenses of survey. natory to collective bargaining agree- Sections 659 and 663, title 46 of the ments. Moreover, most of these agree- United States Code, provide that if a ments contain provisions for settlement survey reveals that the complaint of the of disputes upon completion of the voy- seamen was without good and sufficient age, both operators and unions prefer- cause, the master may retain from the ring to use machinery establised at wages of the complainants, divided in domestic ports for this purpose.

proportion to their wages, a sufficient & 83.3 Seamen's right to survey.

amount to cover costs of such survey.

(Exception is made in connection with When complaints are received in writ

fishing or whaling vessels or yachts when ing in accordance with statutory require- the survey concerns food or water.) In ments, concerning alleged unseaworthi- those surveys where there appears to ness of a vessel or its improper provi- have been reasonable basis for comsioning, the consular officer must have plaint, the expenses of survey must be made or make an appropriate survey. borne by the master. & 83.4 Mandatory survey upon

(R.S. 4559, as amended, 4565, as amended; 46 plaint of seamen.

U.S.O. 656, 662) (a) Complaint that condition of vessel 8 83.5 Consular investigation of disputes is unseaworthy. When a consular oficer

between seamen. receives a written complaint signed by When a dispute arises between the the first and second officers or the major

master and the crew of an American ity of the crew that their vessel is unseg- vessel or between seamen shipped on worthy or unsuitably provided because of

such a vessel, a United States consular its condition, equipment, crew or some oficer shall investigate the circumother particular, the officer shall have a

stances in any manner appropriate to survey made with or without the consent

the situation. of the master. In almost every port or port area, there are representatives of

§ 83.6 Consular arbitration of disputes. one or more classification societies such A United States consular officer may as American Bureau of Shipping, Lloyds, act as arbiter in a dispute between or Veritas. The consular oficer shall the master and crew or between the seaarrange for one of these bureaus to make

men. If possible, arbitration should be a survey and to report to him on their

conducted on an informal basis and a own form. The consular oficer shall satisfactory solution worked out orally. certify the report and give it to the mas- However, in the more serious cases, the ter for appropriate action. If there is consular oficer should take sworn stateno classification society in the area, the ments of the parties in interest for possiconsular officer shall obtain the services ble future action and reference. A conof three qualified persons to make the sular officer has no authority to try or survey, who will report their findings to to punish offending parties. him in the same manner as outlined above. In case of complaint of unsea

8 83.7 Jurisdiction over offenses com.

mitted on the high seas. worthiness based upon deficiency of lifesaving equipment, the Certificate of In- Under the general principles of interspection serves as a criterion.

national and maritime law, crimes and (b) Complaint regrading provisions or misdemeanors, committed on the high water. When a consular officer receives seas and out of the territorial limits of a written complaint signed by three any state, are cognizable only in the more crew members relative to the pro- courts of the country to which the vessel visions or water aboard their vessel, he belongs. For the purpose of prosecuting shall examine the provisions or water, such crimes the vessel may be regarded as or cause them to be examined by compe- part of the country of registry. These tent persons. Report of the findings principles are recognized and enforced by shall be certified by the consular officer courts of the United States and they are and furnished the master for entry in incorporated into Federal statutes.

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