Executive Order 6942—Amendments to the Consular Regulations

For the purpose of securing uniformity in citations of law contained in the sections of the Consular Regulations, such amendment of citations as may be considered necessary is hereby authorized.

In accordance with section 26(k) of the act of February 23, 1931 (22 U.S.C. Supp. § 21k), Mérida, Mexico, is added to the list of unhealthful posts as established by Executive Order No. 5644, of June 8, 1931.

The text of article XI of the Consular Regulations, sections 175-188, inclusive, is canceled, and new text established as follows:

175. Deposit of ship's papers. Every master of a vessel belonging to citizens of the United States, who shall sail from any port of the United States, shall, on his arrival at a foreign port, deposit his register with the consular officer, if there is one at such port. (46 U.S.C. § 354.)

It shall be lawful for any licensed deck officer or purser of a vessel to perform duties pertaining to the entry and clearance of vessels. When such duties are performed by a Licensed deck officer or purser, such acts shall have the same force and effect as it performed by the master of such vessel. However, the master is not relieved of any penalty or liability provided by any statute relating to the entry and clearance of vessels. (48 Stat. 663.)

Every master of any such vessel who refuses or neglects to deposit the papers as required by the preceding paragraphs, shall be liable to a penalty of $500, to be recovered by such consular officer, in his own name, for the benefit of the United States, in any court of competent jurisdiction. (46 U.S.C. § 355.) It is usual also to deposit with the consular officer the crew list and shipping articles, and these documents, together with the register, are generally described as the "ship's papers". This provision of the statute applies to registered vessels only, i. e., to those engaged in commerce between the United States and foreign countries, and does not apply to enrolled or licensed vessels, to which class belong whaling and other fishing vessels, and yachts not registered. (21 Op. Att. Gen. 190.)

Vessels driven into a port temporarily for shelter are not required to deposit their papers with the consular officer, unless formal entry is afterward made or consular services required. (9 How. 372, 384.) (Sec. 177.)

176. Registry and flag evidence of nationality. The certificate of registry of a vessel issued under the laws of the United States and proof that it carries an American flag are competent evidence and prima facie sufficient to establish its nationality without direct proof of the American citizenship of its owners. (154 U.S. 134, 151.)

177. Arrival of vessels defined. An "arrival" within the intent of the law means the presence of the vessel for purposes of business requiring an entry and clearance at the customhouse or other authorized office of the foreign port. If the vessel enters the foreign port conformably to the local laws or usage, its coming amounts to an arrival, independently of the ultimate destination, or of the time it may remain of intend to remain, or of the particular business to be transacted there. (4 Op. Att. Gen. 390; 9 id. 256; 11 id. 72.)

A vessel putting into a foreign port to get information only, and not entering, or breaking bulk, or discharging seamen, or requiring new seamen, or needing the aid of the consular officer in any respect, or one driven into port, cannot be said to make an arrival at that port within the meaning of the law. (9 How. 372.)

An arrival at a foreign port from another foreign port, in the course of the voyage, is an arrival within the meaning of the law. (9 Fed. 159.)

178. Refusal of master to deposit papers. It is the duty of a consular officer on the arrival of an American vessel, should the master neglect to deliver his ship's papers, as he is directed by law, to inform him of the necessity of so doing by calling his attention to the law that requires it and apprising him of the penalty he will incur by refusal or neglect. (46 U.S.C. § 355.) If he fails to comply, a certificate of the fact under the consular seal (form no. 12), must be immediately sent to the Department of State, giving, so far as practicable, the name and description of the vessel, the port to which it belongs, where bound, and the usual residence of the master. In such case, it is desirable that the consular officer should send some other evidence of the arrival and departure of the delinquent master with his vessel besides that of his own certificate, as it has been held that such evidence of any fact is not sufficient, unless expressly or impliedly made so by statute. (2 Sumn. 355.) The suit to recover the penalty is conducted in the name of the consular officer for the benefit of the United States, but under the direction of the Attorney General. The consular officer's duty with respect thereto consists only in furnishing the evidence.

179. Papers to be safely kept. When the ship's papers are received, they are to be kept together in as safe a place as possible, to guard against fire and other accidents; and, if requested by the master of any vessel, the consular officer receiving such papers shall give a receipt therefor, and make an appropriate entry of the vessel in the Register of Shipping and Seamen.

180. When consular officer may return papers. Whenever the clearance of a vessel from the proper officer of the port is produced by the master or by any licensed deck officer or purser, and the master shall have complied with the provisions of law relating to the discharge of seamen in a foreign country and shall pay to the consular officer the arrears of wages and the extra wages that may be due for every seaman discharged at that port, and such fees and demands as are collectible under the law and these regulations, then he shall be entitled to the return of all the ship's papers deposited with the consular officer. Until all these provisions of the law are complied with, the consular officer should retain the papers, although the clearance may be regular and in due form. A consular officer has no authority to withhold a ship's papers to compel the payment or settlement of demands against the vessel by persons whose claims do not come within any of the classes of debts or demands which he is authorized to enforce by law or by the Consular Regulations. (22 U.S.C. § 88;46 U.S.C. $ 354;48 Stat. 663;9 Op. Att. Gen. 384.) (See also sec. 225.)

The receipt, when issued as provided in section 179, will be permanently retained by the master, but the date and hour of the return of the ship's papers will always be recorded in the Register of Shipping and Seamen by the responsible consular officer.

181. When master sails without papers. When a master sails from a port leaving, for whatever cause, the ship's papers in the hands of the consular officer, it is the duty of the consular officer to transmit them without delay to the Department of State, together with a certificate under the consular seal and a full statement of the facts and circumstances under which he retained them; he should also telegraph a brief report of the matter to the Department of State if the report forwarded by mail will not be received before the arrival of the vessel at a port of the United States.

182. Consular fees for shipping services. Whenever any master of a vessel of the United States has occasion for any consular or other official service which any consular officer of the United States shall be authorized by law or usage officially to perform, he shall apply to the consular officer at the consulate where such service is required, to perform such service; but no fees shall be collected by consular officers for services rendered to such vessel. (22 U.S.C. § 89.) (Sec. 520.)

This exemption from the payment of consular fees extends only to vessels regularly documented under the laws of the United States; that is, to vessels registered, enrolled, or licensed as vessels of the United States and vessels granted certificates of provisional registry (sec. 342) under the act of March 4, 1915 (46 U.S.C. § 12). Philippine vessels and other vessels flying the American flag, owned by American citizens or corporations but not regularly documented under the laws of the United States, are not exempt from the payment of consular fees for services rendered by American consular officers. (18 Op. Att. Gen. 234.)

183. Written statement of consular services. In the case of services performed by a consular agent who may be entitled to compensation from the Treasury of the United States for services to American vessels or seamen, it is the duty of the master of any vessel of the United States for whom any official service shall be performed by such consular agent without the collection of a fee, to require a written statement (form no. 167) of such service from the consular agent, and after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessel shall first arrive on its return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceeding $50, unless he shall state under oath that no such statement was furnished him by the consular agent. (22 U.S.C. § 89; 46 U.S.C. § 101.) (Secs. 556-557.)

However, masters of vessels are entitled to require from all consular officers written receipts for all payments made to such officers as arrears of wages or extra wages of seamen, or for the maintenance or transportation of seamen, or for any other purpose whatsoever.

184. Transportation of bullion, currency, securities, and mails. It is made the duty of all vessels belonging to citizens of the United States, and bound from a foreign port to a port in the United States, before clearance, to receive on board all such bullion, coin, United States notes and bonds and other securities as any minister, consular officer, or other agent of the United States abroad shall offer, and securely and promptly to convey and deliver the same to the proper authorities or consignees on arriving at the port of destination. For such service they shall receive such reasonable compensation as may be allowed to other carriers in the ordinary transaction of business. (46 U.S.C. & 98.)

Vessels of the United States not under contract are not required to transport mail, but the master or owner of any vessel not regularly employed in carrying the mails may be paid two cents for each letter carried from any foreign port to any port in the United States. (23 Stat. 58; 39 U.S.C. § 494.)

185. Manifests required of all vessels. The customs and immigration laws and regulations of the United States relating to manifests of cargo and passengers, immigration manifests, and alien-crew lists, apply as well to vessels under foreign flags as to vessels of the United States, and consular officers are therefore instructed to inform the masters of all vessels leaving their ports for the United States that they are required to produce the cargo and passenger manifests, immigration manifests, and crew lists required by the provisions of law regulating these matters. (19 U.S.C. Supp. VII, § 1431.)

186. Marine protests. Consular officers have the right, in the ports or places to which they are severally appointed, to receive the protests or declarations which captains, masters, crews, passengers, or merchants, who are citizens of the United States, may respectively choose to make there; and also such as any foreigner may choose to make before them relative to the personal interest of any citizen of the United States. Copies of such acts duly authenticated by a consular officer, under the seal of the consulate, shall be received in evidence equally with their originals in all courts in the United States. (22 U.S.C. § 73.) The nature of these instruments will depend in each case upon the particular facts forming the basis of the protest.

187. Charts and notices to mariners. Consular officers are required to keep the pilot charts and all notices to mariners published by the Hydrographic Office of the Navy Department, which are regularly forwarded to them, in conspicuous positions, to call the attention of shipmasters thereto, and to afford masters of vessels every facility for their examination. They will also inform masters that there are branches of the Hydrographic Office in the principal seaboard cities of the United States, where information collected by said office may be obtained, and where shipmasters are requested to call and report, any information which will be of benefit to the maritime community at large.

187A. Information as to navigation, lighthouses, buoys, shoals, etc. Consular officers are expected to report all matters that may come to their knowledge affecting the navigation of waters in their districts, or that may be of public interest or advantage. All notices of the erection of new lighthouses, removals or changes in those established, the discovery or surveys of shoals or reefs, changes in channels, the fixing of new buoys or beacons, radiobeacons, radiocompass stations, or other radio aids to navigation, and all reliable information of value to those interested in navigation should be communicated promptly to the Department of State in order that it may be utilized for the benefit of the seafarer and to decrease the dangers of navigation. If published notices are sent, two copies should be furnished; and if they are in a foreign language, they must be accompanied by accurate and trustworthy translations.

188. Miscellaneous duties and consular forms. It has been customary to give to consular officers a variety of forms to aid them in their business intercourse with masters and seamen. These forms sufficiently explain themselves without the necessity of instructions. Directions for the use of such forms are frequently given as footnotes to the forms themselves, and such footnotes have the same binding effect as general instructions of the Department of State; references are also made on these forms to sections of the Consular Regulations which contain directions for their use, and it is the duty of consular officers to consult such references. Consular officers should make use of the most recent schedule of stationery, forms, and miscellaneous supplies issued by the Department of State for the purpose of ascertaining the numbers and titles of forms which are approved for current use and should discontinue the use of any forms which have been dropped from the schedule. (See also secs. 335 and 464.)

Sections 218 and 219 are canceled and a new text established as follows:

218. Obligation of consular officer to collect seaman's wages. If any consular officer when discharging any seaman shall neglect to require the payment of and collect the arrears of wages and extra wages [sec. 243] required to be paid in the case of the discharge of any seaman, he shall be accountable to the United States for the full amount thereof. The master shall provide any seaman so discharged with employment on a vessel agreed to by the seaman, or shall provide him with one month's extra wages, if it shall be shown to the satisfaction of the consul that such seaman was not discharged for neglect of duty, incompetency, or injury incurred on the vessel. If the seaman is discharged by voluntary consent before the consul, he shall be entitled to his wages up to the time of his discharge, but not for any further period.

Whenever a seaman is discharged on account of illness or injury incapacitating him for service, the expenses for his maintenance and return to the United States shall be paid from the fund for the maintenance and transportation of destitute American seamen. At the discretion of the Secretary of Commerce, and under such regulations as he may prescribe, if any seaman, incapacitated from service by injury or illness, is on board a vessel so situated that a prompt discharge requiring the personal appearance of the master of the vessel before an American consul, or consular agent is impracticable, such seaman may be sent to a consul or consular agent, who shall care for him and defray the cost of his maintenance and transportation. (46 U.S.C. § 683.) (See sec. 254.)

219. Wages payable in currency. Moneys paid under the laws of the United States, by direction of consular officers or agents, at any foreign port or place, as wages, extra or otherwise, due American seamen, shall be collected and paid in lawful money of the United States or its equivalent or in local currency at the current bank selling rate for sight drafts on New York prevailing on the date of collection, without any deduction (46 U.S.C. § 605; 31 U.S.C. Supp. § 463.)

Sections 222, 223, and 224 are canceled and the following established in lieu thereof:

222. Discharge for cruel or unusual treatment. seaman in a foreign country by a consular officer on his complaint against the officers for cruel treatment, it shall be the duty of the consul or consular agent to institute a proper inquiry into the matter, and upon his being satisfied of the truth and justice of such complaint, he shall require the master to pay to such seaman one month's wages over and above the wages due at the time of discharge, and to provide him with adequate employment on board some other vessel, or to provide him with passage on board some other vessel bound to the port from which he was originally shipped, or to the most convenient port of entry in the United States, or to a port agreed to by the seaman. (46 U.S.C. § 685.)

The consular officer discharging such seaman shall enter upon the crew list and hipping articles and official log the cause of such discharge and the particulars in which the cruel or unusual treatment consisted and subscribe his name thereto officially. He shall read the entry made in the official log to the master, and the latter's reply thereto, if any, shall likewise be entered and subscribed in the same manner. (46 U.S.C. § 703.)

223. Wages of master upon discharge. On the discharge of a master of a vessel in a foreign port, payment of arrears of wages and of extra wages is to be required under the same circumstances as for other seamen. In the absence of a specific contract, the consular officer should consult the agents of the vessel, and in case there are no agents at the port or no agreement can be reached, he should telegraph the Department of State.

224. Consular accounting for wages collected. It is the duty of the consular officer to collect all arrears of wages and extra wages that are due to the seaman at the time of his discharge, and to report and account for the same monthly. The arrears of wages and extra wages are to be paid to the seaman, and his receipted voucher therefor must accompany the accounts. Consular officers have no authority to retain the wages for the relief of the seaman. (46 U.S.C. § 683.)

The citation "R. S., Sec. 1718" at the end of section 225 is canceled and "22 U.S.C. § 88" is placed at the end of the first sentence.

The title of section 227 is amended by placing the word "wages" before it.

Section 228 is amended as follows:

228. Wages upon loss of vessel. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period [sec. 227]. Such seaman shall be considered as a destitute seaman. (46 U.S.C. § 593.) (See also secs. 260, 276-286.)

Section 259 is amended by the deletion of the parenthetical reference to section 221.

The present texts of sections 260 and 261 are canceled and the following established:

260. Seamen entitled to relief. Seamen of the United States entitled to relief when destitute are:

(1) Merchant seamen, being citizens of the United States, or aliens who have declared their intention to become citizens of the United States and who shall have served 3 years upon merchant, fishing, or whaling vessels of the United States of more than 20 tons' burden (8 U.S.C. § 376), who, at the time of applying for relief, are by habit and intent bona fide members of the American merchant marine, although their last service may not have been in an American vessel.

(2) Aliens regularly shipped in an American vessel in a port of the United States (sec. 264).

Seamen considered destitute. The following classes of seamen are to be considered destitute and entitled to relief regardless of money they may have in their possession, or of wages due:

(a) American seamen, formally discharged from American vessels before a consular officer on account of injury or illness incapacitating them for service. (46 U.S.C. § 683.)

(b) American seamen, regardless of nationality or port of shipment, who are from lost or wrecked American vessels (except seamen on yachts). (46 U.S.C. § 593; 48 Stat. 395.)

261. Use of relief funds. Seamen of merchant vessels and of fishing and whaling vessels of the United States are those whom the law contemplates relieving; and no provision has been made for the relief of destitute Americans other than seamen. No relief, therefore, is authorized to be granted to such destitute Americans, or to seamen, whether citizens or foreigners, discharged or deserting from naval vessels of the United States (sec. 270); and expenditures for such relief will not be allowed if found in the consular accounts. Seamen on American yachts are regarded as American seamen for relief purposes if destitute. (Bowler's 1st Comp. Dec. 309.)

Section 262 is amended to read:

262. Conditions of relief. Before granting relief, a consular officer should satisfy himself that the applicant is an American seaman as already defined, and that he is entitled to relief under the statutes, usages, and decisions herein referred to, and that he is destitute. A seaman cannot be regarded as destitute when he has any arrears of wages or extra wages, or is earning his own living, unless he is a seaman considered destitute as provided in section 260.

The following sentence is added to section 263:

A careful record of the essential facts enumerated in this section should be kept for the purpose of supplying detailed information when required.

Sections 264, 265, and 266 as now established are replaced by the following:

264. When alien loses status of American seaman. An alien who ships as a seaman on an American vessel in a port of the United States with intent to attach himself for an indefinite though not necessarily a long time to the American merchant service, becomes thereby an American seaman within the meaning of the statute and regulations authorizing the relief and transportation at Government expense of destitute seamen to the United States; and he retains that status, with its privileges, until divested of it by shipping on a foreign vessel, by abandonment of the seaman's calling, or by deserting without cause. Successive shipments on American vessels after the status of American seaman has been acquired, continue such status, in the absence of desertion without cause, or abandonment of calling, even if such successive shipments are made in foreign ports. (Secs. 248-250, 266.)

265. Seamen of other countries not to be relieved. When a seaman, not an American citizen, and who has not acquired the status of an American seaman, or, having acquired such status, has lost it as hereinbefore explained (see also sec. 271), comes upon a foreign vessel, the consular officer has no authority to grant relief. The seaman must look to the consul of the nation on whose ship he served. Accounts for relief extended to seamen under these circumstances will not be allowed unless it has been authorized by general or special instructions from the Secretary of State.

266. Effect of desertion upon right to relief. An American citizen serving as seaman on an American vessel is entitled to relief if destitute in a foreign port, notwithstanding he may have deserted without cause or may come upon the consular office otherwise irregularly. An alien under like circumstances is not entitled to relief. (See also sec. 250.)

When relief is applied for by a deserter, it is the duty of the consular officer to ascertain clearly and satisfactorily, before granting it, that he is justly entitled to it, but, in all such cases, care should be taken that the provisions for the relief of destitute seamen should not be allowed to operate as an incitement to desertion. Consular officers should exercise great care in examining and weighing the merits of each case, in order that abuses may not occur.

See section 243 with respect to the collection of extra wages in certain cases where the seaman is compelled to leave the vessel.

The title of section 267 is changed to read: "Relief generally without reference to fault of seamen."

Section 268 is amended by a new title, "Special rules regarding seamen from fishing and whaling vessels", and by the insertion of the words "fishing and" before "whaling" in the first line. The following is added to the parenthetical provision in the first sentence of the second paragraph: "or is from a lost or wrecked vessel, as provided in section 260".

The title of section 269 is changed from "Stowaways" to "Stowaways not to be relieved"

The title of section 270 is changed to "Express authorization essential to relieve naval seamen".

The last sentence of section 271 is amended to read:

American seamen, if they cannot be reshipped, should be provided with passages to the United States or to an intermediate port where employment may be had or passages obtained. (46 U.S.C. § 593.) Alien seamen shipped in foreign ports are not entitled to transportation to the United States or to the port of shipment, but may be granted temporary relief. (Comp. Gen. A-23848, June 1, 1934.) (See also secs. 260, 264, and 276-286.)

Section 272 is amended to read as follows:

272. Character of relief authorized. The relief afforded to destitute seamen will comprise lodging, subsistence, clothing, medical attendance, medicines, burial expenses abroad, and transportation, as provided in these regulations.

Lodging and subsistence. The lodging should be in a healthy locality, removed, if possible, from scenes of temptation and vice. The subsistence should be simple but sufficient. It is usual, however, to contract for the board of seamen.

Clothing. The clothing should be of the cheapest kind consistent with strength and durability, and such as seamen are accustomed to wear. Whenever seamen are sent to the United States by way of a foreign port at which there is a consular officer, the consular officer sending the seamen should transmit to his colleague there, either by the same vessel or by the quickest route, a statement showing the names of the seamen and the quantity and kind of clothing furnished them, and at what dates; and if the seamen are sent from such foreign port to another intermediate port where there is a consular officer, the list of names and clothing should be transmitted in like manner.

Medical attendance and medicines. The medical attendance and medicines should be found at a hospital, if there is one in the place, unless special instructions otherwise are given. If private treatment is provided, the reasons therefor must be communicated to the Department of State. The order sending the seamen to a hospital and the certificate executed when seamen leave a hospital against the physician's advice should be prepared on forms furnished by the Department of State.

Burial expenses. The owner of an American vessel is considered responsible for the payment of the burial expenses of an American seaman from the vessel, if such owner would have been liable for the seaman's care, subsistence, and repatriation but for the seaman's death; and consular officers should not, therefore, obligate themselves to pay the burial expenses of any American seaman, for the account of the Government, unless the circumstances of the case would have justified the expenditure of Government funds for the seaman's care, subsistence, and repatriation if he had not died.

Section 273 is canceled.

Section 274 is amended to read:

274. Vouchers for relief.Accurate and proper vouchers for the board, subsistence, clothing, medical attendance, medicines, burial expenses, and any expenditures for the relief of destitute seamen, must be taken in every case. The vouchers for board and medical attendance should show the name of the seaman, the time of subsistence or treatment, giving the date of beginning and termination and the rate per day or week, and, whenever it is practicable, the name of the ship from which and the place where the seaman was discharged. The accounting officers of the Government require that vouchers for board, lodging, clothing, and other supplies delivered to a seaman shall bear the latter's signature as well as that of the payee. The purpose of the signature of the seaman is to attest the receipt by him of the relief described in the voucher. Where the seaman signs by mark, there should be a disinterested witness, not a member of the firm furnishing the service or supplies. The accounts for the relief of seamen must be accompanied by a certificate of the consular officer that he has neither received nor will receive, directly or indirectly, any pecuniary or other advantage whatever from the expenditures set forth in the accounts. (Secs. 292, 552.)

The text of article XVI, sections 276-292, inclusive, is canceled, and article XVI is reestablished as follows:

276. Transportation to the United States. American seamen entitled to relief in accordance with article XV, and none other, are entitled to be returned to the United States at the expense of the Government. Subject to the provision that no payment is allowable for transportation of a shipwrecked or destitute seaman on a vessel belonging to the owner or operator of the vessel on which the seaman last served, provided service was not terminated by desertion (48 Stat. 533), and subject to instructions contained herein, consular officers will provide transportation in the following cases:

(a) Destitute seamen. It is the duty of consular officers to provide for American seamen who may be found destitute within their districts, passage to some port in the United States, in the most reasonable manner, at the expense of the United States. (46 U.S.C. § 678.) See also sections 259-260.

(b) Shipwrecked seamen. In cases where the service of any seaman terminates before the period contemplated in the agreement, by reason of the loss or wreck of the vessel, such seaman shall be entitled to wages for the time of service prior to such termination, but not for any further period. Such seaman shall be considered a destitute seaman and shall be treated and transported to port of shipment as provided in sections 678 and 679 (Supp.), title 46, United States Code. (46 U.S.C. § 593.) See also section 284.

(c) Sick or injured seamen. If the seaman is discharged on account of injury or illness, incapacitating him for service, the expenses of his maintenance and return to the United States shall be paid from the fund for the relief and protection of distitute American seamen. (46 U.S.C. § 683.) See also section 218.

If any such destitute seaman is so disabled or ill as to be unable to perform duty, the consular officer shall so certify in the certificate of transportation, and such additional compensation, if any, shall be paid as the Secretary of State shall deem equitable and proper. (46 U.S.C. Supp. § 679.)

277. Obligation of vessels to furnish transportation.

(a) It is obligatory upon a master of a vessel of the United States bound to a port of the United States to take such destitute seamen on board his vessel at the request of the consular officer, and to transport them to his port of destination in the United States on such terms, not exceeding $10 for each person for voyages of not more than 30 days, and not exceeding $20 for each person for longer voyages, as may be agreed between the master and the consular officer, when transportation is by a sailing vessel; and the amount agreed upon between the consular officer and the master of the vessel in each individual case not in excess of the lowest passenger rate of such vessel and not in excess of 2 cents per mile shall in each case constitute the lawful rate for transportation on steam vessels; and the consular officer shall issue certificates for such transportation, which certificates shall be assignable for collection.

Every such master who refuses to receive and transport such seamen on the request or order of the consular officer shall be liable to the United States in a penalty of $100 for each seaman so refused. The certificate of any such consular officer, given under his hand and official seal, shall be presumptive evidence of such refusal in any court of law having jurisdiction for the recovery of the penalty. No master of any vessel shall, however, be obliged to take a greater number than one man to every 100 tons' burden of the vessel on any one voyage. (46 U.S.C. Supp. § 679.)

However, where opportunities to send seamen to the United States do not often occur and the seamen are likely otherwise to remain a charge on his office, the consular officer should request the master to take them on board for transportation to an intermediate port at which such opportunities can be found, if the vessel is to touch at such port, and for this service a reasonable compensation will be allowed. (See sec. 283.)

(b) Seamen whom vessels are not obligated to transport. A master is not obligated to take on board a seaman having a contagious disease, or a seaman or other person accused of crime to be transported to the United States for prosecution. (46 U.S.C. Supp. § 679; 7 Op. Att. Gen. 722.) The master is also not required to take an insane seaman, unless such seaman is harmless or is in the custody of a keeper; nor a sick seaman who is likely to die on the voyage. In the latter case, however, the consular officer must determine whether the seaman is too sick to be sent, and whether the voyage may not benefit or restore him.

278. Seamen to do duty. When American seamen are put on board a vessel of the United States in a foreign port by a consular officer for transportation, they are required to do duty as other seamen according to their several abilities. (16 U.S.C. § 678.) They are bound by the same regulations as articled seamen and are subject to the laws respecting the crew. They are, on the other hand, entitled to receive the same accommodations, subsistence, and treatment as the seamen of the transporting vessel. (Peters C. C. 118.)

279. Transportation to be arranged promptly. When a destitute seaman is entitled to transportation, it should be furnished at the earliest possible opportunity, either directly to a port of the United States or to an intermediate port where he may find employment on an American vessel or passage to the United States. The consular officer is the proper judge as to the vessel on which the seaman should be placed for his return to the United States. Charges for relief afforded to a seaman who has been more than 3 months under relief at the expense of the United States will not be allowed, unless the accounts are accompanied by satisfactory evidence: first, that the delay in providing transportation was caused by want of a vessel in which the seaman might have been shipped to the United States; or, second, that the health of the seaman was such that it would endanger his life to send him on the homeward voyage. The evidence in the latter case is to be the certificate (form no. 26) of the attending physician.

280. Documents for identification. When the destitute seaman sent to the United States is an alien having the status of an American seaman, the consular officer shall give him a certificate showing that he is a returned seaman. This certificate should be exhibited by the seaman to the immigration officials at the port of arrival in the United States to facilitate his reentry under the regulations governing the entry of bona fide alien seamen into the United States.

281. Transportation of additional number of seamen. It is in the interest of the Government to avoid the expense incident to the maintenance of destitute seamen for considerable periods through the want of vessels bound directly to the United States. Consequently, when an American vessel has received one seaman for every 100 tons' burden and when additional persons may be taken on board without violating the restriction regarding safety of life at sea (46 U.S.C. §§ 451, 481), consular officers are authorized to negotiate with the master for the passage of an additional number at such reasonable compensation as shall be agreed upon between the master and the consular officer, not in excess of the maximum allowed by law.

Consular officers may also contract with masters of foreign vessels at reasonable rates when opportunities by American vessels do not offer. In that case the reasons for such shipment and the payment of increased compensation should be stated in the transportation certificate.

282. Transportation certificates. In accordance with section 277, a consular officer sending destitute American seamen to the United States will give the master of the transporting vessel a certificate of transportation, form no. 24, which includes the certificate of the consular officer and blanks for the certificate of the collector of customs, the indorsement or assignment of the master, and the claim addressed to the Department of State.

The passages of seamen to the United States should not be paid in advance by a consular officer, unless they cannot otherwise be had, and then only in foreign vessels.

283. Transportation to intermediate ports.

(a) Discretion of consular officer. In places where opportunities for repatriating seamen seldom occur and employment on board American vessels cannot be obtained, the consular officer may send destitute seamen to an intermediate port. He will take into consideration the relative cost of keeping the seamen where they are and at the port to which they can be sent, together with the expense of their passage there and the probability that they will obtain employment at that port or a passage home; and he will adopt the course which may seem best, having a due regard for the interests of the United States and a proper concern for the seamen.

(b) Certificates covering transportation. When destitute seamen are sent to an intermediate port, the consular officer will arrange for their passages with the master of the vessel at the most reasonable rate obtainable, giving to him a properly modified form no. 24 showing the amount to be paid and other information called for under section 282. Upon arriving at the intermediate port the master of the transporting vessel will present the form to the consular officer who will certify to the arrival of the seamen in lieu of the collector of customs. If the transportation is by an American vessel, the regular procedure for the collection of these certificates is to be followed when practicable.

However, when the transportation is by a foreign vessel or it cannot otherwise be arranged, the consular officer sending the seamen may request the consular officer at the port of destination to pay the amount agreed upon for the passages of the seamen.

(c) Payment in advance. When seamen are sent by consular officers to intermediate ports and payment is required in advance, the consular officer by whom they are sent should transmit to the consular officer at the port of destination by the quickest route, a list of the seamen sent with the name of the vessel, requesting him to certify the arrival of the seamen on the list and return it at once to the officer who made payment in order that he may forward it in support of the charge in his accounts. It is the duty of the consular officer at the port of destination to comply with such a request without delay.

(d) Clothing to be reported. When destitute seamen are sent to intermediate ports, as provided in this section, and supplies of clothing are furnished them by the consular officer by whom they are sent, a list of the clothing should be transmitted to the consular officer at the port of destination in the manner described in section 272.

284. Transportation without consular agreement. Reasonable compensation, in addition to the allowances provided by law or regulation, may be paid from general appropriations for the relief and protection of American seamen, when authorized by the Secretary of State, as follows:

Whenever distressed or destitute seamen of the United States are transported from foreign ports where there is no consular officer of the United States, or from points on the high seas, to ports of the United States, or from such foreign ports or points on the high seas to a port accessible to a consular officer of the United States who is authorized to assume responsibility on behalf of the Government of the United States for the further relief and repatriation of such seamen, there shall be allowed to the master or owner of each vessel in which they are transported such reasonable compensation as shall be deemed equitable by the Secretary of State. (46 U.S.C. Supp. § 679.)

However, if a shipwrecked or destitute seaman is transported on a vessel belonging to the same owner or operator as that on which the seaman last served, no payment can be allowed for his passage unless his service was terminated by desertion. (48 Stat. 533.)

285. Consular officers not to have pecuniary interest in transportation. No consular officer, nor any person under any consular officer, shall make any charge or receive, directly or indirectly, any compensation, by way of commission or otherwise, for sending home any seaman or mariner; but such prohibition shall not be construed to relieve or prevent any such officer who is the owner of or otherwise interested in any vessel of the United States, from transporting in such vessel any such seaman or mariner, or from receiving or being interested in such reasonable allowance as may be made for such transportation. (22 U.S.C. § 90.) See also section 275.

286. Accounts. All accounts relating to the relief of destitute seamen should be rendered by the officer in charge of the consular office.

Sections 333, 334, and 335 are amended to read as follows:

333. Voluntary surveys. Application is often made to consular officers to call a survey of an American vessel, as in the case of a wreck or of the damaged or unseaworthy condition of the vessel. The general method of procedure in cases where application is made for such voluntary surveys is shown in forms nos. 42-51. In case the consular officer is called upon to give certified copies of such documents, he may follow form no. 52. If the vessel is in a sinking condition, he may apply to the proper authority to know where it shall be grounded.

It is the prerogative of the master, as the representative of the owners of the vessel and cargo, unless otherwise provided by law, to decide whether he will call for a survey, and in the absence of a request from him a consular officer is usually not authorized to direct a survey to be made. The action taken by the consular officer in regard to such voluntary surveys will be determined by the provisions of law and treaty, the custom of the port, and the wishes and duties of the master of the vessel. However, if the services to be rendered in behalf of the vessel or cargo are such that the consular officer is authorized by law or usage to perform, it is the duty of the master to apply to him for them; and should the master neglect or refuse to do so, he should be informed of the jurisdiction of the consular officer.

Mandatory surreys. In the case of complaint that the vessel is unseaworthy or that provisions or water are insufficient, it is the duty of the consular officer to order an inspection whether with or without the consent of the master (secs. 315-317).

334. Bottomry or sale following survey. After the estimate of damage, master may endeavor to borrow on bottomry the necessary funds for repairs; and in case of inability to do so, he may be forced to sell the vessel. If a bottomry bond is given and acknowledged before the consular officer, form no. 68 may be used. Consular officers should exercise the utmost care that neither the consular office, nor the consular officer personally, becomes legally or morally obligated in any way by the negotiation of any bottomry bond.

335. Unofficial forms. The consular officer will be careful to note that all shipping forms that relate to unofficial documents are given for his general information and not as absolute guides in all cases. The Department of State assumes no responsibility for their correctness in any particular case in which they may be used. (Secs. 188, 333-334.)

Section 336 is amended by changing the title to "Cooperation with underwriters' agents" and by deleting the last sentence.

Sections 337, 338, and 340 are canceled, and the following text is established as section 337:

337. Consular jurisdiction under treaties. In countries with which the United States has treaties providing for the jurisdiction of a consular officer over wrecks, damage to cargoes, and salvage of American vessels, it is his duty to exercise that jurisdiction for the protection of the interests of all concerned. Consular officers should satisfy themselves of the extent of the authority granted by the treaty or acquired by established usage in these respects in their several countries, and should conform their proceedings thereto.

When in any case the assistance stipulated by treaty, or any rights established by treaty or usage, are refused, or treaty provisions are ignored in any respect, consular officers will at once advise the Department of State and the diplomatic mission of the United States, if there is one in the country. The supervising consulate general, if there is one, should likewise be informed. (Secs. 321, 323.)

The designations of "First", "Second", "Third", etc., heading the paragraphs in section 385 are changed to (a), (b), (c), etc.

Section 440 is amended to read:

440. Relative rank. The order of official precedence in the Foreign Service is as follows: (1) Consuls general; (2) consuls; (3) vice consuls who are Foreign Service officers; (4) Foreign Service officers detailed for language study; (5) vice consuls who are not of career; (6) consular agents.

Section 444 is canceled.

The Tariff of United States Consular Fees is hereby amended as follows:

The first provision under "Passport visa" in item 9 is amended to read:

     Preparation of application for passport visas and administering oath, except where reciprocal agreements for other fees have been made----------------$1.00

In the same item immediately after "Certificate to a copy of a visa declaration" the following is established:

     Transit certificate:
          Preparation of application and administering oath-------------No fee
          Issue of transit certificate-------------------------------------No fee

Item 35 is amended to read:

     Acknowledgments and authentications connected with the assignment and transfer of United States bonds or other United States Government financial obligations or of powers of attorney therefor or to collect interest thereon-------------------------------------------No fee

The exception under item 38 of the Tariff is amended to read:

      Authentications under authority of the United States Quarantine Regulations, in the form prescribed by the Department of State, certifying to official character of officials signing foreign deratization certificates and deratization exemption certificates---------------No fee

Item 52 is established as follows:

     Translating or interpreting, for every 100 words of translation or fraction thereof, or for interpreter per hour or fraction thereof-------$1.00
          The foregoing fee shall be collected only when it is necessary that a member of a consular staff be detailed as translator or interpreter in the execution of a commission to take testimony.

FRANKLIN D. ROOSEVELT

The White House,
Jan. 8 1935