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

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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Stable record: federal_law:legal_authorities:record_usc_2566489a5d79ae0ede9ff2b4
Source file: Laws/federal/codes/united-states-code/title-46/section-10302-shipping-articles-agreements--9ba792faf2.md
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Passage SHA-256: 9364ec2f6de448f7a164fa3a90b9bed40eca70e6288ede161232074b982f2762

Source location: Title 46, Chapter 103, § 10302; chapter-103-foreign-and-intercoastal-voyages.md

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**(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. § 10303 — Provisions

**(a)** A seaman shall be served at least 3 meals a day that total at least 3,100 calories, including adequate water and adequate protein, vitamins, and minerals in accordance with the United States Recommended Daily Allowances. **(b)** The text of subsection (a) of this section shall be included in 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). A copy of the text also shall be posted in a conspicuous place in the galley and forecastle of each vessel. **(c)** This section does not apply to a fishing or whaling vessel or a yacht.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10303

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

46 U.S.C. § 10304 — Form of agreement

The form of 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) shall be in substance as follows:

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10304

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

46 U.S.C. § 10305 — Manner of signing agreement

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) shall be signed— (1) first by the master and dated at that time, after which each seaman shall sign; and (2) in the presence of the master or individual in charge.

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

46 U.S.C. § 10306 — Exhibiting merchant mariners’ documents

Before signing 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), each individual required by [section 8701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section8701&num=0&edition=prelim) to have a merchant mariner’s document shall exhibit to the master or individual in charge a document issued to the individual, appropriately endorsed for the capacity in which the individual is to serve.

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

46 U.S.C. § 10307 — Posting agreements

At the beginning of a voyage, the master shall have a legible copy of 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), omitting signatures, exhibited in a part of the vessel accessible to the crew.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10307

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

46 U.S.C. § 10308 — Foreign engagements

When a seaman is engaged outside the United States, 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) shall be signed in the presence of a consular officer. If a consular officer is not available at the port of engagement, the seaman may be engaged, and the agreement shall be signed in the next port at which a consular officer is available.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10308

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

46 U.S.C. § 10312 — Settlements on discharge

When discharge and settlement are completed, the master, individual in charge, or owner and each seaman shall sign 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).

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10312

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

46 U.S.C. § 10313 — Wages

**(a)** A seaman’s entitlement to wages and provisions begins when the seaman begins work or when specified in 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) for the seaman to begin work or be present on board, whichever is earlier. **(b)** Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, the seaman is entitled to wages for the period of time actually served. The seaman shall be deemed a destitute seaman under [section 11104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section11104&num=0&edition=prelim). This subsection applies to a fishing or whaling vessel but not a yacht. **(c)** When a seaman who has signed an agreement is discharged improperly before the beginning of the voyage or before one month’s wages are earned, without the seaman’s consent and without the seaman’s fault justifying discharge, the seaman is entitled to receive from the master or owner, in addition to wages earned, one month’s wages as compensation. **(d)** A seaman is not entitled to wages for a period during which the seaman— (1) unlawfully failed to work when required, after the time fixed by the agreement for the seaman to begin work; or (2) lawfully was imprisoned for an offense, unless a court hearing the case otherwise directs. **(e)** After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the expir

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10313

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10314

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

46 U.S.C. § 10315 — Allotments

**(a)** Under prescribed regulations, a seaman may stipulate as follows in 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) for an allotment of any part of the wages the seaman may earn: (1) to the seaman’s grandparents, parents, spouse, sister, brother, or children; (2) to an agency designated by the Secretary of the Treasury to handle applications for United States savings bonds, to purchase bonds for the seaman; and (3) for deposits to be made in an account for savings or investment opened by the seaman and maintained in the seaman’s name at a savings bank or a savings institution in which the accounts are insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation. **(b)** An allotment is valid only if made in writing and signed by and approved by a shipping commissioner. The shipping commissioner shall examine allotments and the parties to them to enforce compliance with the law. Stipulations for allotments made at the beginning of a voyage shall be included in the agreement and shall state the amounts and times of payment and the person to whom payments are to be made. **(c)** Only an allotment complying with this section is lawful. A person falsely claiming qualification as an allottee under this section is liable to the United States Government for a civil penalty of not more than $500. **(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 at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. **(e)** This section applies to a foreign vessel whe

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 10315

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