On STCW Convention Regulation I/10, Recognition of Foreign certificates
Docket No. USCG–2010–0797
October 26, 2010
The following is submitted by the Council of American Master Mariners concerning the USCG’s consideration of a policy recognizing foreign-issued STCW certificates for employment on certain U.S. documented vessels, as per the notice in the Federal Register (Vol. 75, No. 186/Sept. 27, 2010/p. 59281).
- The Council of American Master Mariners opposes the employment of any and all holders of foreign licenses, certificates, and/or documents on any American flagged vessel. In these hard economic times, it is unthinkable that a branch of the U.S. Federal Government would even consider allowing foreign officers and seaman to take American jobs from American citizens.
- The Council of American Master Mariners recognizes that Congress has previously, erroneously, authorized the employment of foreign seafarers on a restricted basis, for Mobile Offshore Drilling Units and Offshore Supply Vessels operating foreign. C.A.M.M. maintains its opposition to this statute and instead supports the hiring of U.S. Citizens only on ALL U.S. flagged vessels.
- The Council of American Master Mariners maintains that in any limited circumstances, such as MODU’s and OSV, where Congress has waived the requirement of U.S. citizenship, the USCG should not recognize any STCW certificate that has not been issued by an accredited authority, which has been vetted by the USCG, to insure standards of competence and training.
- The Council of American Master Mariners maintains that any foreign seafarer that is employed on a U.S. flagged vessel must meet the same requirements that a U.S. seafarer would be required to meet. Namely: the ability to communicate in English, pass a background check, including but not limited to criminal, drug and alcohol, driving record check and the ability to hold a Transportation Workers Identification Credential (TWIC). The foreign seafarer should also be held to maintain the same physical and medical standards that are required of a U.S. seafarer.
- 1. The Council of American Master Mariners requests the USCG to require that any limited acceptance of foreign credentials for employment on limited U.S. flagged vessels, MODU’s and OSV’s, be so noted directly on the face of the certificate or credential. Furthermore, that any USCG endorsement should also cite the existing limitation to those vessels where the citizenship requirement has been specifically waived by Congress under 46 USC 8103 (b)(3 ), i.e., “an offshore supply vessel (OSV) [as that term is defined in 46 U.S.C. 2101(19)] that is operating from a foreign port; and mobile offshore drilling unit (MODU) (as that term is defined in 46 U.S.C. 2101(15a) that is operating beyond the water above the U.S. Outer Continental Shelf; and this endorsement does not apply to any vessel operating in water above the U.S. Outer Continental Shelf (as that term is defined in 43 U.S.C. 1331(a)”.
In summary, the Council of American Master Mariners is solidly against any expansion of the language of CFR 46 USC 8103 (b)(3) to cover any vessel other than the limited vessels sited therein. Furthermore, that any foreign seafarer, holding a foreign license, certificate, or document, that is to be employed on a U.S. flagged vessel as per item 5 above, be required to meet the same standards of certification and security check as a U.S. seafarer who would be employed in that position.
Federal Register Official Text
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