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Merchant Seafarers (Amendment) Act (No.4) 2013

NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS

34^TH CONSTITUTIONAL REGULAR SESSION, 2013

BILL NO.:24

P.L. 2013-9

MERCHANT SEAFARERS (AMENDMENT) ACT (NO.4) 2013

AN ACT

to amend Chapter 8 of Title 47 of the Marshall Islands Revised Code by amending Sections 820 and 822 of the Republic of the Marshall Islands Maritime Act 1990, to allow the Republic of the Marshall Islands Maritime Administrator the authority to exempt certain vessels and persons from the requirement to enter into Shipping Articles.

BE IT ENACTED BY THE NITIJELA OF THE REPUBLIC OF THE MARSHALL ISLANDS:

Section 1. Short Title

This Act may be cited as the Merchant Seafarers (Amendment) Act (No.4), 2013.

Section 2. Amendments

(1) Section 820 of the Principal Act is amended as follows:

§ 820. Shipping Articles required.

(a) Before the Master of any vessel of the Republic engaged in foreign trade shall sail from any port, there shall be in force Shipping Articles (sometimes referred to as Articles) with every seafarer on board his vessel. The Shipping Articles shall be written or printed and shall be subscribed by every seafarer on the vessel and shall state the period of engagement or voyage or voyages and the term or terms for which each seafarer shall serve, the rate of pay for each, and such other items as may be required by Regulation.

(b) Notwithstanding anything contained in this section, the Administrator may exempt any vessel; any category, type, or class of vessel; or any person or category of persons aboard the vessel from the requirements of subsection (a).

(2) Section 822 of the Principal Act is amended as follows:

§ 822. Penalty for shipment without Shipping Articles.

If any person shall be carried to sea as an officer or one of the crew on board any vessel making a voyage as hereinbefore specified, without entering into Shipping Articles with the Master of such vessel in the form and manner and at the place and times in such cases required, the vessel shall be held liable for such offense to a penalty of not more than two hundred dollars (US$200). The vessel shall not be subject to a penalty for failure to enter into Shipping Articles:

(i) where the vessel or person is exempt from the requirement to enter into Shipping Articles or

(ii) where a person has secretly stowed himself away without the knowledge of the Master, mate, or of any of the officers of the vessel, or who shall have falsely represented himself to the Master or officers of the vessel, for the purpose of being carried to sea.

Section 3. Effective Date

This Act shall take effect in accordance with the Constitution and the Rules of Procedures of the Nitijela.

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