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 applicable requireEments 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 vessel 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 the 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 in=structions 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 judgement 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.

§ 82.15 Shipment of seamen.

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 dis

charge 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)

§ 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 accuring to him subsequent to the time of his discharge, and should not inter

vene in attempts to collect such wages from the vessel's operators.

due

(b) Overtime compensation 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 overtimen 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 acet cordance with the collective bargaining agreement.

(c) Bonus payments to American seamen. Bonus payments are in a simi-ze lar 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 seamen is dis-a charged, controversies over bonus pay-t ments should be left for settlement upon the seamen's arrival in the United States.

(d) Wages due American seamen of An foreign nationality. American S seamen 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 seamen 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 of 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 sigh 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 pro

§ 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, repatriation, food allowances, and the like, the seamen may be informed that consular officers are authorized to protect seamen's rights under the statutes but are not authorized to inject themselves into disputes between parties signatory to collective bargaining agreements. Moreover, most of these agreements contain provisions for settlement of disputes upon completion of the voyage, both operators and unions preferring to use machinery established at domestic ports for this purpose.

§ 83.3 Seamen's right to survey.

When complaints are received in writing in accordance with statutory requirements, concerning alleged unseaworthiness of a vessel or its improper provisioning, the consular officer must have made or make an appropriate survey.

§ 83.4 Mandatory survey upon complaint of seamen.

(a) Complaint that condition of vessel is unseaworthy. When a consular officer receives a written complaint signed by the first and second officers or the majority of the crew that their vessel in unseaworthy or unsuitably provided because of its condition, equipment, crew or some other particular, the officer shall have a survey made with or without the consent of the master. In almost every port or port area, there are representatives of one or more classification societies such as American Bureau of Shipping, Lloyds, or Veritas. The consular officer shall arrange for one of these bureaus to make a survey and to report

to him on their own form. The consular officer shall certify the report and give it to the master for appropriate action. If there is no classification society in the area, the consular officer shall obtain the services of three qualified persons to make the survey, who will report their findings to him in the same manner as outlined above. In case of complaint of unseaworthiness based upon deficiency of lifesaving equipment, the Certificate of Inspection serves as a criterion.

(b) Complaint regarding provisions or water. When a consular officer receives a written complaint signed by three or more crew members relative to the provisions or water aboard their vessel, he shall examine the provisions or water, or cause them to be examined by competent persons. Report of the findings shall be certified by the consular officer and furnished the master for entry in the official log and for rectification of conditions if necessary. A report shall also be made to the Judge of the District Court for the district to which the vessel is returning.

(c) Payment of expenses of survey. Sections 659 and 663, Title 46 of the United States Code, provide that if a survey reveals that the complaint of the seamen was without good and sufficient cause, the master may retain from the wages of the complainants, divided in proportion to their wages, a sufficient amount to cover costs of such survey. (Exception is made in connection with fishing or whaling vessels or yachts when the survey concerns food or water.) In those surveys where there appears to have been reasonable basis for complaint, the expenses of survey must be borne by the master.

(R.S. 4559, as amended, 4565, as amended; 46 U.S.C. 656, 662)

§ 83.5 Consular investigation of disputes between seamen.

When a dispute arises between the master and the crew of an American vessel or between seamen shipped on such a vessel, a United States consular officer shall investigate the circumstances in any manner appropriate to the situation.

§ 83.6 Consular arbitration of disputes.

A United States consular officer may act as arbiter in a dispute between the master and crew or between the seamen. If possible, arbitration should be conducted on an informal basis and a satisfactory solution worked out orally. However in the more serious cases, the consular officer should take sworn statements of the parties in interest for possible future action and reference. A consular officer has no authority to try or to punish offending parties.

§ 83.7 Jurisdiction over offenses committed on the high seas.

Under the general principles of international and maritime law, crimes and misdemeanors, committed on the high seas and out of the territorial limits of any state, are cognizable only in the courts of the country to which the vessel belongs. For the purpose of prosecuting such crimes the vessel may be regarded as part of the country of registry. These principles are recognized and enfored by courts of the United States and they are incorporated into Federal statutes. Piracy is a notable exception to this rule since the law of nations recognizes this crime as punishable by the authorities of any nation capturing the accused persons and bringing them within the jurisdiction of its courts. Piracy should not be confused with mutiny, which is not an international crime in this sense.

§ 83.8 Jurisdiction over offenses committed in port or territorial waters.

(a) Offenses involving the peace of the port. When an offense is committed aboard a merchant vessel in the port or territorial waters of a nation other than the nation of registry, and when the offense involves the peace of the port, the nation in whose waters the offense is committed has jurisdiction under an accepted principle of international law.

(b) Offenses not involving the peace of the port. When an offense is committed aboard a merchant vessel in the port or territorial waters of a nation other than the nation of registry, but does not involve the peace of the port, such offense is usually left

by local governments to be adjusted by officers of the vessel and the diplomatic or consular representatives of the nation of registry. In the case of vessels of the United States, the right to protection against intervention by a foreign government in this class of cases is safeguarded in many areas by a treaty of friendship, commerce and navigation or by a consular convention between the United States and the foreign government concerned. Even where no treaty or convention exists, the local foreign government will usually refrain from intervening in such cases on the basis of comity between nations.

§ 83.9 Jurisdiction over offenses committed ashore.

The courts of a country have jurisdiction over offenses against the laws of the country committed by seamen while ashore in its ports.

§ 83.10 Consular responsibility for offenses within foreign government's jurisdiction.

When a foreign government has jurisdiction over an offense committed on board a vessel of the United States or by American seamen in its ports (see §§ 83.8(a) and 83.9), a United States consular officer shall see that the offender is properly cared for and justly treated. However, he shall not expend any money for the defense of the accused unless he has prior specific authorization of the Department of State. Also, the authorities having jurisdiction over the offense are responsible for the punishment of the offender.

§ 83.11 Consular responsibility for offenses outside foreign government's jurisdiction.

(a) Assumption of jurisdiction. When an offense is committed on board a vessel of the United States while on the high seas (see § 83.7) or in foreign port or territorial waters under the circumstances described in § 83.8(b), a United States consular officer shall assume jurisdiction for the United States Government in every case where local authorities will permit him to do so, either by virtue