US Coast Guard Recognition of Foreign STCW Certificates

The US Coast Guard (USCG) is currently accepting comments of its review on whether recognition of foreign Standards of Certification, Training and Watchkeeping (STCW) certificates of foreign mariners to work on US flagged vessels overseas should become law.

Concerned MarEx readers asked if the USCG is being persuaded by special interests or lobbyists for US vessel operators to change the dynamics of the requirement to employ US merchant mariners on US flagged vessels, which could potentially do an end run around the Jones Act as well. However, the fact of the matter is that the law already exists, and foreign officers can and do work on US vessels working overseas pursuant to 46 USC 8103 (b)(3). What is in play is the recent Manila Amendments to STCW Convention via section I/10, which has required the USCG, as well as all nations, to recognize STCW certificates issued by foreign countries.

The current law, USC 8103, addresses only offshore vessels less than 1600 gross tons and mobile offshore drilling units (MODU) working outside the outer continental shelf (OCS). Presently, the master of a US vessel working overseas is the responsible party for certifying the validity of foreign officers’ STCW certificates under 46 CFR 15.720. The USCG has not been involved in validating a foreign officer’s STCW certificate.


The Issue at Hand

The MarEx reviewed all the comments submitted to the USCG. Obviously, American seamen are highly concerned and extremely anxious that the endorsement of foreign STCW certificates for officers working on US vessels will lead to a massive breakdown of the status quo, which will ultimately dismantle the Jones Act. The assertion is that foreign seafarers should also meet the same maritime security requirements imposed on US seafarers including a TWIC as a condition of credentialing. Further comments say foreign officers need to meet the same levels of competency, drug testing, and medical standards required of US mariners.

Offshore Marine Services Association (OMSA) members, who the law will really impact, have been working overseas under duress for many years due to foreign Cabotage laws, which have often led to fines and delays of its vessels. OMSA’s comments say USCG recognition of foreign STCW certificates will allow their vessels to work in harmony with foreign regulations and labor laws. OMSA’s push on the USCG will not impact the US Merchant Marine working on deepwater vessels and almost all of its 250 members are avid Jones Act supporters.

The Problem Lies Herein

(A) an offshore supply vessel or other similarly engaged vessel

of less than 1,600 gross tons as measured under section 14502 of

this title, or an alternate tonnage measured under section 14302

of this title as prescribed by the Secretary under section 14104

of this title that operates from a foreign port;

And: 46 USC 8103 establishes authority to waive the requirement of US citizenship for: (C) Any other vessel if the Secretary determines, after an investigation, that qualified seamen who are citizens of the US are not available.

These vague and potentially onerous caveats of this law are creating hostility among US mariners and organizations. To say US mariners don’t trust the government and future generations of regulators would be a huge understatement. First and foremost, US government has neglected the US merchant marine and maritime industries especially US shipyards for decades. There is never enough money and there aren’t enough jobs in the US maritime industry.

The mere fact that the Secretary (a regulator) can waive the US citizen requirement for vessel operators if there is a shortage of US qualified mariners is akin to a mugging in the back alley, which doesn’t sit well with US mariners. A few comments have pointed out that the arm of the federal government in charge of investigating the lack of qualified mariner have said, when confronted, they do not have the authority to investigate each and every claim and that they must accept the shipowners’ statement. And, many of the comments said they feel the motivation for profits will circumvent the law.

The Manila amendments of the STCW Convention speak directly to Flag of Convenience where there is no linkage between the flag state and the country issuing a mariner’s STCW certificate, because various countries have different training and assessment requirements. But, before accepting such certificates as equivalent to US credentials the foreign seafarer should meet the requirements pertaining to drug testing, drivers record checks for DUIs in their own country and medical examinations on the same level that US mariners are required to measure up to.

In order to eliminate any confusion or dissent among US mariners, USCG endorsement should contain a limitation to only those vessels specifically mentioned under 46 USC 8103. And, any other waiver of US citizen mariners should be in the public record and open to comments just like this proposed rulemaking process.

Comments and related materials are due by October 27, 2010 for Docket No. 2010-0797 at www.regulations.gov.