
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC10314]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
              CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
 
Sec. 10314. Advances

    (a)(1) A person may not--
        (A) pay a seaman wages in advance of the time when the seaman 
    has earned the wages;
        (B) pay advance wages of the seaman to another person; or
        (C) make to another person an order, note, or other evidence of 
    indebtedness of the wages, or pay another person, for the engagement 
    of seamen when payment is deducted or to be deducted from the 
    seaman's wage.

    (2) A person violating this subsection is liable to the United 
States Government for a civil penalty of not more than $500. A payment 
made in violation of this subsection does not relieve the vessel or the 
master from the duty to pay all wages after they have been earned.
    (b) A person demanding or receiving from a seaman or an individual 
seeking employment as a seaman, remuneration for providing the seaman or 
individual with employment, is liable to the Government for a civil 
penalty of not more than $500.
    (c) This section applies to a foreign vessel when in waters of the 
United States. An owner, charterer, managing operator, agent, or master 
of a foreign vessel violating this section is liable to the Government 
for the same penalty as an owner, charterer, managing operator, agent, 
or master of a vessel of the United States for the same violation.
    (d) The owner, charterer, managing operator, agent, or master of a 
vessel seeking clearance from a port of the United States shall present 
the agreement required by section 10302 of this title at the office of 
clearance. Clearance may be granted to a vessel only if this section has 
been complied with.
    (e) This section does not apply to a fishing or whaling vessel or a 
yacht.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99-640, 
Sec. 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10314.............................  46:599
------------------------------------------------------------------------

    Section 10314 forbids advance payment of wages to seamen prior to 
the commencement of the seaman's employment. It provides a civil penalty 
of $500 for any person making such a payment, and for any person 
demanding or receiving remuneration for providing a seaman with 
employment. This means that the use of employment agencies for hiring 
seamen is prohibited. It also requires compliance with section 10302 
regarding the signing of articles of agreement before a vessel can be 
cleared from a United States port. This section applies to foreign 
vessels in United States waters but not to fishing vessels, whaling 
vessels or yachts.


                               Amendments

    1986--Subsec. (e). Pub. L. 99-640 struck out last sentence which 
read as follows: ``However, this section applies to a vessel taking 
oysters.''

                  Section Referred to in Other Sections

    This section is referred to in section 10316 of this title.
