Page:United States Statutes at Large Volume 97.djvu/599

 PUBLIC LAW 98-89 —AUG. 26, 1983 97 STAT. 567 (i) This section applies to a seaman on a foreign vessel when in a harbor of the United States. The courts are available to the seaman for the enforcement of this section. § 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 Civil penalty. 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 Individ- Civil penalty. ual seeking employment as a seaman, remuneration for providing the seaman or individual with employment, is liable to the Govern- ment 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 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. However, this section applies to a vessel taking oysters. § 10315. Allotments (a) Under prescribed regulations, a seaman may stipulate as follows in the agreement required by section 10302 of this title 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 pur- chase 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 sea- man'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 Corpo- ration. (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 compli- ance with the law. Stipulations for allotments made at the begin- ning of a voyage shall be included in the agreement and shall state the amounts and times of payment and the person to whom pay- ments are to be made.

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