
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: 46USC10505]

 
                           TITLE 46--SHIPPING
 
                     Subtitle II--Vessels and Seamen
 
              Part G--Merchant Seamen Protection and Relief
 
                     CHAPTER 105--COASTWISE VOYAGES
 
Sec. 10505. 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 $5,000. 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 $5,000.
    (c) 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 10502 of this title at the office of 
clearance. Clearance may be granted to a vessel only if this section has 
been complied with.
    (d) This section does not apply to a fishing or whaling vessel or a 
yacht.

(Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 571; Pub. L. 99-640, 
Sec. 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 103-206, title IV, 
Sec. 414, Dec. 20, 1993, 107 Stat. 2437.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          Revised section                Source section (U.S. Code)
------------------------------------------------------------------------
10505.............................  46:598
                                    46:599
------------------------------------------------------------------------

    Section 10505 prohibits any person from paying a seaman on a 
coastwise voyage advance wages, or to pay to another person any form of 
a seaman's wages prior to the commencement of the seaman's employment. 
It also prohibits a person from seeking or receiving remuneration for 
providing a seaman with employment. This section also requires that a 
vessel comply with this section before clearing port. It provides 
penalties for offenses of its provisions. The section does not apply to 
fishing vessels, whaling vessels, or yachts, but does apply to vessels 
taking oysters.


                               Amendments

    1993--Subsec. (a)(2). Pub. L. 103-206, Sec. 414(1), substituted 
``$5,000'' for ``$100''.
    Subsec. (b). Pub. L. 103-206, Sec. 414(2), substituted ``$5,000'' 
for ``$500''.
    1986--Subsec. (d). 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 10506 of this title.
