Page:United States Statutes at Large Volume 97.djvu/603

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PUBLIC LAW 98-89 —AUG. 26, 1983 (e) This section applies to a seaman on a foreign vessel when in harbor of the United States. The courts are available to the seaman for the enforcement of this section. 97 STAT. 571 advance of the time when the § 10505. Advances (a)(1) A person may not— (A) pay a seaman wages m 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 $100. 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. Ob) 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) 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 10502 of this title at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with. (d) This section does not apply to a fishing or whaling vessel or a yacht. However, this section applies to a vessel taking oysters. § 10506. Trusts Section 10505 of this title does not prevent an employer from making deductions from the wages of a seaman, with the written consent of the seaman, if— (1) the deductions are paid into a trust fund established only for the benefit of seamen employed by that employer, and the families and dependents of those seamen (or of those seamen, families, and dependents jointly with other seamen employed by other employers, and the families and dependents of the other seamen); and (2) the payments are held in trust to provide, from principal or interest, or both, any of the following benefits for those seamen and their families and dependents: (A) medical or hospital care, or both. (B) pensions on retirement or death of the seaman. (C) life insurance. (D) unemployment benefits. (E) compensation for illness or injuries resulting from occupational activity. (F) sickness, accident, and disability compensation. (G) purchasing insurance to provide any of the benefits specified in this section. § 10507. Duties of shipping commissioners (a) At the option of the owner or master of a vessel to which this chapter applies, a shipping commissioner may engage and discharge the crew.