of wages.

82.18 Medium for payment of wages. 82.19

Desertions and failure to rejoin.

AUTHORITY: The provisions of this Part 82 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842, except as otherwise noted.

SOURCE: The provisions of this Part 82 appear at 22 F.R. 10850, Dec. 27, 1957, unless otherwise noted.

§ 82.1 Definition of ship's papers.

The term "ship's papers" includes the marine document of a vessel of the United States, its shipping agreement, and its crew list. "Marine document" means the certificate issued each vessel of the United States, evidencing its documentation under the laws of the United States.

§ 82.2 Acceptance and receipting for ship's papers.

A consular officer shall accept the ship's papers proffered him by the master of a vessel of the United States, or his duly qualified subordinate, and, when requested to do so, shall give a receipt therefor. This receipt need not be returned to the consular officer.

§ 82.3 Return of papers to master.

Except as provided in § 82.4, the consular officer shall return the ship's papers to the master of the vessel, provided the master has first fulfilled the following conditions:

(a) Produced a clearance of the vessel issued by the proper officer in the port;

(b) Complied with the provisions of law relating to the discharge of seamen;

(c) Paid to the consular officer arrears in wages and extra wages due seamen discharged at the port or issued wage vouchers to such seamen;

(d) Paid such fees and demands as are collectible under the law and the regulations in this part.

(R. S. 1718, 4309; 22 U. S. C. 1185, 46 U. S. C. 354)

§ 82.4 Withholding of papers.

The consular officer shall withhold the ship's papers when the ship is proceeding on a voyage or carrying cargo contrary to the laws or regulations of the United States. In the event of such withholding or contemplated withholding, the consular officer shall immediately telegraph the Department of State for instructions.

§ 82.5 Disposition of papers left at consulate.

When the master of a vessel of the United States departs from a foreign seaport, leaving the ship's papers in the possession of the consular officer, that officer may transmit the papers with covering report to the United States consular officer at the ship's next foreign port of call if circumstances make this action advisable and if no valid reason exists for withholding the papers from the master. When return of the ship's papers to the master or some other duly qualified officer is impossible, or when the ship is en route to the United States, the consular officer shall transmit the papers to the Department of State immediately, under cover of a despatch, giving a detailed statement of the facts in the case.

§ 82.6 Report regarding failure of master to deposit papers.

If the master of a vessel of the United States persists in refusing to deposit his papers with the consular officer, or departs with his vessel without so doing and without reasonable cause for such failure, the consular officer shall execute a certificate for use in prosecuting the master for his failure to deposit the ship's papers.

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 pro

test 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 FS281d. An extended protest and all certifiled 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 be signed, sealed with the consular impression seal, and filed in the Register of Shipping and Seaman 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 furnished 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.

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.

§ 82.14 Certificates under International Convention for the Safety of Life at Sea.

Interna

(a) Issuance of certificates. tional 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 International Convention for the Safety of Life at Sea, 1948, to a vessel of the United States, expires before or at the time the vessel reaches a foreign port, or will expire before the vessel reaches a port of the United States, it may be extended by the consular officer or a new certificate may be issued by authorities of a foreign Government which is a party to the Convention, according to the preference of the master. The request must come from the master. A request or preference expressed by the agent of a United States vessel should not be honored unless the agent is acting at the master's specific request.

(c) Extension procedure abroad. At the instance of the master of a vessel of the United States, a United States consular officer at any foreign port may extend a Convention Certificate in accordance with the provisions of Chapter I, Regulation 13 (b) and (c) of the Convention, if it appears proper and reasonable to do so. An inspection and survey is not a prerequisite for an extension, but the master of the vessel and the chief radio officer in the case of a cargo ship, or the master of the vessel, the chief engineer, and the chief radio officer in the case of a passenger ship, shall be required to furnish an affidavit that to the best of their knowledge and belief, the vessel complies with the ap

plicable requirements of the Convention. The consular officer shall extend the certificate by typing an endorsement. The consular officer shall sign the endorsement and shall seal the document with the consular impression seal.

(d) Issuance procedure abroad. Upon the receipt, by a consular officer at a foreign port within the allegiance of a government which is a party to the Safety Convention, of a request from the master of a cargo vesse: that a Safety Radiotelegraphy Certificate or a Safety Equipment Certificate be issued to his vessel, the officer shall, in accordance with the provisions of Chapter I, Regulation 12 of the Convention, request the appropriate local government authorities to inspect the vessel for compliance with the requirements of the Convention and to issue, under that government's own responsibility, a Safety Radiotelegraphy Certificate or a Safety Equipment Certificate or both to the vessel. The circumstances under which a passenger vessel would require a survey and the issuance of a Safety Certificate while in a foreign port are not likely to occur. Should such a situation arise, advice shall be requested from the Department, which will confer with the Coast Guard and the Federal Communications Commission and issue instructions to the consular officer. A certificate issued by a government of a country not a party to the Convention has no validity and consular officers at a foreign port within the allegiance of such a country may not request that government to issue any certificate required under the Convention.

(e) Violations of the International Convention for the Safety of Life at Sea, 1948. While the possession of the appropriate International Certificate(s) is evidence that the vessel was complying with the applicable provisions of the Convention at the time the certificate was issued, authorities of a foreign government at a port in which the vessel is, have a right to inspect the vessel for the purpose of determining that it is still complying substantially with these provisions. Should this inspection lead to a requirement being imposed upon the vessel, Chapter I, Regulation 18 of the Convention, requires that the consular officer be informed in writing forthwith of all the circumstances. If the master protests the requirement, the consular officer shall investigate the situation and,

if the evidence warrants, shall make representations to the proper authorities. It is not expected that in matters of judgment the decisions of the local authorities shall be questioned (e. g., whether an item of required equipment is worn out or not). But where quantitative standards are prescribed by the Convention (e. g., number of life buoys), a greater number should not be required. Where a requirement is not protested as to justification but will involve delay to the vessel, the consular officer may be able to obtain permission for the ship to depart if the master gives assurance that the deficiency will be made good at the next port of call.

When a seaman is shipped before a United States consular officer at a foreign port, the consular officer shall see that the seaman understands all the terms of the contract and the exact nature of the work for which he is engaged. When the shipment of a seaman at another port is reported to a consular officer for certification, the officer shall, before 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 officer if the seaman signed the shipping agreement before a United States Shipping Commissioner or consular officer; 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) Consular § 82.17 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 discharge, and should not intervene in attempts to collect such wages from the vessel's operators.

(b) Overtime compensation due American seamen. Overtime paid sea

men 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

un

Medium for payment of wages. (a) Currency. Moneys paid der 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.

(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. 8. 4081, as amended; 22 U. S. C. 258)