My current company doesn’t have the crew sign Shipping Articles (CG705A) but the CFRs and USC still reference them as mandatory. Before I start thumping the reqs with corporate, I wanted to see if anyone knows of some Coast Guard ruling that effectively did away with the requirement.
Are you going foreign?
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For the last two years, it’s been almost exclusively foreign, with stops in Guam and Hawaii.
From my limited experiences, contracts/shipping articles are usually checked by port state control while visiting foriegn ports & companies/masters usually get crew to sign them before departure. Guam isn’t foreign & besudes, with the large US Navy presence the locals don’t stir the pot too much if you’re navy affiliated. Also, if your ship has diplomatic immunity with no foreign PSC visiting, the company/master might not bother with it because they know they’ll never get boarded.
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That’s weird. If by foreign you mean places other than Hawaii and Guam then you should have signed them, I always have.
My experience is different than sand pebbles where usually they get signed so that you can’t quit foreign without a relief.
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It’s not the contract that makes me stay, it’s them yanking my passport from me & locking it in a safe behind the locked door.
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Well technically if you quit foreign they can come after you for breaking articles. I’ve never heard of it happening, but I guess it’s possible.
Sounds like you need a better company that doesn’t do that
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Thanks for sharing that. I’ve worked for a few different companies (US & not) & the vast majority kept the crews passport locked away somewhere. Especially oil field work because the vessels would usually need to clear customs on every departure & then again on every reentry. I didn’t know there’s ships where confiscation is the exception. I thought they were almost always taken & stored in the safe? I’ve received a lot of shore passes in different countries in liue of carrying my passport.
You made it sound like it’s against your will. Every ship I’ve sailed foreign on they collect them before we get in, clear customs, you pick them up in the masters office. If you’d prefer to hold onto it, then you get up when customs comes on and you do it yourself. I’ve never had my passport “confiscated”, I’ve had the master ask for it then return it when I ask for it back. I’ve done that on both foreign and US flag ships.
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That was how it was done on every ship I have been on. Even on MODUS and other offshore units, before entering a port, or arriving in a new country of operation.
In the days of Radio Officers on ships he/she did the collection but the Master kept the passports and vaccination cards in his safe.
PS> On small ships the Master had to do both.
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Articals are only needed when going foreign Guam and Hawaii are neither.
As for Passports I never locked them up , I just asked for them along with your documents when needed and kept them in the wheel house till we cleared. Then afterwards you could come get them when done.
This is OSV’s so small crew, small vessel. With a larger crew more spread out I could see taking them and keeping them locked up in my office/cabin if we where doing constant customs stops like a freighter or tanker.
Yes, neither Hawaii nor Guam are foreign for a US flagged vessel. I listed those as the two US ports the ship has been visiting besides the foreign posts in Asia that we are frequenting.
It sounds like we’re supposed to have them but that got lost somewhere along the line and no one has been called out for not having them. I am curious that everyone is saying they are only required for foreign trips. 46 CFR 14.201 mentions shipping articles as a requirement “Before proceeding either upon a foreign, intercoastal, or coastwise voyage …”, specifically stating that vessels “50 GRT or more on a voyage between a port in one State and a port in another State other than an adjoining State.” are required to execute shipping articles. Is this like a prolonged blast on the ship’s whistle when departing a US pier, required on paper but no one does it?
On the passport issue, I scan the crews passports then give them back.
People always say, if you quit foreign, you can lose your document. But what law states this?
I’m not saying they not required, it’s just I never heard of a USCG inspector ask for them while many to most foreign PSC do. I’m not a bridge officer so don’t take my word for it but I vaguely recall something about an IMO treaty that the US hasn’t signed off on regarding crew comforts, pay & contracts. That treaty requires articls/contract for crew. As for me personally, I’ve had to sign articles in the past in the GOA while working on FOC vessels. Also, I recall ABS inspectors having us sign articles on US flagged vessels before a vessel goes foreign. ABS usa knows their European/African/Asian counterparts will ask & they don’t want to look like they’re not doing a proper inspection back in the US. I never heard of a USCG 835 or observation about articles/contracts.
AFAIK only 46 U.S.C. § 11501 would be applicable in the case of desertion.
(1) For desertion, the seaman forfeits any part of the money or property the seaman leaves on board and any part of earned wages.
Loss of mariner’s document is not mentioned. If this gets enforced or not is another matter.
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I highly recommend getting a second passport (https://www.seafarers.org/passport-services-update/). I did it just for this reason. I surrender the passport with the soonest expiration date and keep the second in my go bag or with me when I go ashore. Second option, go to US embassy and report it stolen if the master won’t give it back on request.
Thanks for the info about a spare passport. I’ll do some research & weigh my options. I wonder if it’s the same passport number? That would be the biggest draw or flaw for me. About reporting stolen, I definitely won’t be doing that & never had that type of relation with any master/company. Any time I’ve ask for my passport back I always received it because it was for legitimate causes, international banking, buying/cashing US travelers check, exchanging money, sending international packages etc. In the early 2000’s, everyone had to get their passports back every portcall in RJ Brazil because it was needed to leave the gate. I actually don’t have a problem with Captains keeping passports as long as they are secured & not kept in a bridge filing cabinet with a busted lock on it which has also happened to me a couple of times.
Having run a ship management company be assured having your passport kept in the ships safe while embarked as crew is the international standard, if nothing else but to make port formalities faster and easier for all concerned.
I have sailed under both regimes (seafarer keeps / captain-purser keeps) and actually felt happier with it in the safe. That at least established i was associated with a properly cleared in ship …. And i was not likely to lose it while being entertained ashore.
But hey, whatever floats your boat.
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