Desertion, Failure to Rejoin Ship, ARREST OF SEAFARER
(CT:CON-992; 10-18-2023)
(Office of Origin: CA/OCS)
7 FAM 741 When Desertion Occurs
(CT:CON-992; 10-18-2023)
a. Desertion occurs when:
(1) When a seafarer without leave quits the service of a vessel and does not intend to return to duty; or
(2) When a seafarer signs shipping articles, agrees to join a vessel waiting in port and then fails to do so, unless the failure was beyond their control.
b. See 46 U.S.C. 11104, 46 U.S.C. 11106, 46 U.S.C. 10309, 46 U.S.C. 11051, and 46 U.S.C. 11503.
7 FAM 742 Desertion does not occur
(CT:CON-992; 10-18-2023)
Desertion does not occur when:
(1) When a seafarer is absent without leave or overstays leave time, but has not refused or neglected to comply with an order to return and had no intention to sever connection with the vessel;
(2) When a seafarer goes ashore without permission, but intends to return;
(3) When a seafarer openly leaves the ship with the consent of the master or leaves under circumstances showing the master’s desire or intention to terminate the seafarer’s services; and
(4) When the seafarer leaves the ship because of cruel or oppressive treatment, for want of sufficient provisions in port when they can be procured by the master, or when the voyage is altered in the articles without the seafarer's agreement.
|
The master is obliged to report desertions in a foreign port where they occur to the U.S. Consulate in that port. if we have no consular representation in that port, the master must report any desertion to the U.S. Consulate in the next port he enters where we have consular representation. |
7 FAM 743 What is the Role of the Consular Officer?
(CT:CON-992; 10-18-2023)
a. You must investigate alleged desertions. You may have to go to the vessel and consult more than one source, i.e., the master and the union representative.
b. You should immediately communicate with the post having jurisdiction (port of desertion) for details concerning the seafarer’s absence from the vessel.
c. A master’s desertion statement should not be certified by you until you are satisfied that the desertion was not consented to or abetted by the master or justified by conduct on the part of the master or other officers toward the seafarer and that the claim of the master is factual. If you are not so satisfied, you should simply notarize the statement.
d. If it is subsequently determined that a seafarer was not a deserter, inform L/CA of the circumstances and identify the vessel's next port so the appropriate action may be taken.
e. See 46 U.S.C.11503.
7 FAM 744 Arrest of Deserters
(CT:CON-992; 10-18-2023)
The La Follette Seamen’s Act of March 4, 1915 forbids the imprisonment of merchant seafarers charged with desertion. However, deserters are subject to local laws and may be detained as unlawfully admitted immigrants. You should offer appropriate assistance to United States seafarers who are charged with desertion. (See 7 FAM 400).
7 FAM 745 through 749 unassigned