§ 81.3 Status of vessels of the United States.

Vessels documented under the laws of the United States are entitled to privileges 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 undocumented 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 American 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.

§ 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 American 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 foreign 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 relief of stranded American seamen, intervention on behalf of these seamen with local authorities, reports on the deaths of American seamen, and the conservation of their effects, etc. The responsibilities of seaport and inland consular agencies are similar to those of other seaport and inland Foreign Service posts, except that, where the settlement of a controversy or the expenditure of funds is involved in a shipping and seaman case, the consular agency shall consult with, and act under the direction of, the supervising Foreign Service post.

(c) Post jurisdiction. Theoretically, the consular district of a post determines its jurisdiction in a shipping and seaman case. However, as has been pointed out in paragraph (b) of this section, the actual responsbilities of posts differ. Also, under the provisions of the Federal statutes of the United States, even a seaport post is not required to perform many activities unless the need therefor arises at the place where the post is located. For example, post employees assigned to shipping work are not required to leave the immediate locale of the post to ship or discharge a seaman, but if a vessel is wrecked along the coast, the post having jurisdiction over the territory where the wreck occurs is responsible for reporting the wreck and carrying out the owner's instructions with reference to the conservation of the wrecked vessel. The question of whether a post should perform shipping and seamen activities within the consular district, but away from the actual location of the post is one which must be decided in the light of the statute and regulations governing the performance of a particular activity.

(d) Place in post organizational pattern. The shipping and seamen function is a part of the consular program of a Foreign Service post. Therefore,

the consular section of a post is responsible for carrying out the activities which comprise this function. This responsibility must be discharged, however, in accordance with the provisions of paragraph (e) of this section. (e) Employee authority and responsibility. Under United States Federal statutes, in the Foreign Service only United States consular officers have authority to perform shipping and seamen activities prescribed by statute. Accordingly, employees assigned to shipping and seamen work at a Foreign Service post must be commissioned as consular officers of the United States and accredited in this capacity in the foreign country of assignment.

§ 81.14 Consular responsibilities to vessels.

(a) American public vessels. Except as set fort in § 81.3, the welfare of the master and crew of an American public vessel as seamen is not of concern to United States consular officers. Assistance may, however, be rendered on behalf and under instructions of the Government agency concerned.

(b) Vessels of the United States. Responsibilities to vessels of the United States are outlined in Parts 81 through 88 of this chapter and concern the protection of both ship and

crew.

(c) American undocumented vessels. A United States consular officer may, when requested to do so by the master of an American undocumented vessel arriving at a foreign port, render services substantially similar to those rendered masters of vessels of the United States, subject to the payment of the fees prescribed for such services in the Tariff of United States Foreign Service Fees (see § 81.11).

(d) Foreign vessels. United States consular officers shall furnish masters of foreign vessels clearing for ports of the United States with pertinent information concerning documents required by such vessels for entry, and shall perform such services in connection therewith as are prescribed by applicable law and by such administrative instructions as may from time to time be issued.

(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. 854)

§ 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 consul

ate.

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 enroute 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.

§ 82.7 Prosecution of master for failure to deposit papers.

The Department of Justice will conduct the prosecution of the master of the vessel in the name of the consular officer, who will not appear personally. Failure of the consular officer to notify the master of the vessel of the statutory provisions of law about the deposit of ship's papers will not serve as a defense in such a case.

§ 82.8 Register of Shipping and Seamen.

Each Foreign Service seaport post, including each seaport consular agency, shall keep a complete record of transactions relating to vessels which deposit their ship's papers at the office of the post. This record shall be known as the "Register of Shipping and Seamen" and shall be maintained on Forms FS-281a, FS281b and FS-281c.

§ 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 not 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 FS281d.

(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 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 furnished to the master of the vessel for his use and 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.

§ 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.

§ 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 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 part 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