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46 U.S.C. § 10314 — Advances

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section10302&num=0&edition=prelim) 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.

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Source location: Title 46, Chapter 103, § 10314; chapter-103-foreign-and-intercoastal-voyages.md

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10302 — Shipping articles agreements

**(a)** The owner, charterer, managing operator, master, or individual in charge shall make a shipping agreement in writing with each seaman before the seaman commences employment. **(b)** The agreement shall contain the following: (1) the nature, and, as far as practicable, the duration of the intended voyage, and the port or country in which the voyage is to end. (2) the number and description of the crew and the capacity in which each seaman is to be engaged. (3) the time at which each seaman is to be on board to begin work. (4) the amount of wages each seaman is to receive. (5) regulations about conduct on board, and information on fines, short allowance of provisions, and other punishment for misconduct provided by law. (6) a scale of the provisions that are to be provided each seaman. (7) any stipulation in reference to advances and allotments of wages. (8) other matters not contrary to law. **(c)** Each shipping agreement must be signed by the master or individual in charge or a representative of the owner, charterer, or managing operator, and by each seaman employed. **(d)** The owner, charterer, managing operator, master, or individual in charge shall maintain the shipping agreement and make the shipping agreement available to the seaman.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 10314 — Advances

Page 182 TITLE 46—SHIPPING § 10314 States. The courts are available to the seaman for the enforcement of this section. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 566; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550; Pub. L. 111–281, title IX, § 902(a)(1), Oct. 15, 2010, 124 Stat. 3008.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 10313(a) ........................................ 46:591 10313(b) ........................................ 46:592 46:593 10313(c) ........................................ 46:594 10313(d) ........................................ 46:595 10313(e)–(i) ................................... 46:596 46:597 46:598 Section 10313 provides that a seaman’s entitlement to wages begins when the seaman begins work, or as speci- fied in the shipping agreement. This section also quali- fies a seaman’s entitlement to wages if the vessel is lost or wrecked, if the seaman is discharged improp- erly, or if the seaman unlawfully failed to work or was imprisoned. It also establishes procedures for the pay- ment of wages at each port the vessel loads or unloads cargo, and at the end of the voyage. This section ap- plies to seamen on foreign vessels in United States har- bors, but not to fishing vessels, whaling vessels or yachts. Editorial Notes AMENDMENTS 2010—Subsec. (g). Pub. L. 111–281 designated existing provisions as par. (1), substituted ‘‘(1) Subject to para- graph (2), when’’ for ‘‘When’’, and added pars. (2) and (3). 1986—Subsec. (e). Pub. L. 99–640 struck out last sen- tence which read as follows: ‘‘However, this subsection applies to a vessel taking oysters.’’ Subsec. (h). Pub. L. 99–640 struck out last sentence which read as follows: ‘‘However, subsections (f) and (g) apply to a vessel taking oysters.’

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