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46 U.S.C. § 10308 — Foreign engagements
Federal law — U.S. Code and appendices · legal_authorities
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.
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Source file: Laws/federal/codes/united-states-code/title-46/section-10308-foreign-engagements--7a7cff175d.md
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Source location: Title 46, Chapter 103, § 10308; chapter-103-foreign-and-intercoastal-voyages.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 180
TITLE 46—SHIPPING
§ 10308
§ 10308. Foreign engagements
When a seaman is engaged outside the United
States, the agreement required by section 10302
of this title 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 offi-
cer is available.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 564; Pub. L.
103–206, title IV, § 406, Dec. 20, 1993, 107 Stat.
2436.)
HISTORICAL AND REVISION NOTES
Revised section
Source section (U.S. Code)
10308 ............................................
46:570
Section 10308 requires that shipping agreements made
in foreign ports be signed in the presence of a consular
officer. The penalty for violation of this section is $100.
Editorial Notes
AMENDMENTS
1993—Pub. L. 103–206 struck out ‘‘(a)’’ before ‘‘When a
seaman’’ and struck out subsec. (b) which read as fol-
lows: ‘‘A master engaging a seaman in violation of this
section is liable to the United States Government for a
civil penalty of $100. The vessel also is liable in rem for
the penalty.’’
§ 10309. Engaging seamen to replace those lost by
desertion or casualty
(a) If a desertion or casualty results in the loss
of at least one seaman, the master shall engage,
if obtainable, a number equal to the number of
seamen of whose services the master has been
deprived. The new seaman must have at least
the same grade or rating as the seaman whose
place the new seaman fills. The master shall re-
port the loss and replacement to a consular offi-
cer at the first port at which the master arrives.
(b) This section does not apply to a fishing or
whaling vessel or a yacht.
(Pub. L. 98–89, Aug. 26, 1983, 97 Stat.
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 10308
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