AMO Currents - AMO responds to U.S. Coast Guard request for input on process to recognize foreign STCW certificates

AMO Currents - Posted: October 26, 2010

AMO responds to U.S. Coast Guard request for input on process to recognize foreign STCW certificates

The national president of American Maritime Officers Oct. 24 submitted the following comments for the record in response to USCG-2010-0797, a publication by the U.S. Coast Guard in the Federal Register requesting input on the development of procedures to recognize STCW certificates issued by a flag state other than the U.S. As required by recently ratified amendments to the STCW convention by the International Maritime Organization, the U.S. Coast Guard is developing a policy regarding U.S. recognition of foreign STCW certificates held by foreign maritime officers who may be employed on some U.S.-flagged vessels under existing U.S. law, 46 U.S.C. 8103.

Reference: Recognition of Foreign Certificates under the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as Amended, Regulation 1/10 (USCG-2010-0797)

The American Maritime Officers Union represents officers with unlimited licenses in both the deck and engine departments sailing primarily in U.S. flagged Government Contract, foreign trade and Jones Act vessels. There are no non-U.S. citizen officers aboard these vessels.

For the record, the American Maritime Officers Union categorically opposes employment of non-U.S. citizen officers aboard any U.S. flag vessel, current law notwithstanding. The American Maritime Officers recognizes the U.S. Government's obligation under international convention to establish procedures for implementing STCW Regulation 1/10. We also recognize that existing U.S. law in 46 U.S.C. 8103 (b) (3) provides limited waivers for non-U.S. citizens aboard small Offshore Vessels and Mobile Drilling Units operating outside U.S waters. It is important that procedures implementing 1/10 must state that any future consideration of waivers beyond those currently in existence must be a matter of public record available for comment.

Where there are exiting waivers, the new regulations implementing 1/10 must prescribe the same stringent requirements that a U.S. mariner would have to meet. Specifically, they must hold a Transportation Worker Identification Credential, pass a U.S. Coast Guard background check for DUI and other disqualifying crimes (including in their countries of birth and residence), hold a current drug card from a U.S. Coast Guard recognized facility and have a medical clearance from the National Maritime Center that meets U.S. Coast Guard guidelines. Additionally, as required by Regulation 1/10 (2), Masters and Chief Officers must demonstrate knowledge of U.S. maritime laws and regulations and these should be specified in the regulation. These requirements shall not be waived, shall be completed prior to employment aboard and there shall be no grandfathering. These are the same standards U.S. mariners are held to and the U.S. Coast Guard must apply them in a sound manner.

Editor's note: Regarding AMO's comments on the U.S. Coast Guard's request, the AMO national vice president at large remarked: "We do not support employment of any foreign officers on U.S.-flagged ships. If the stipulations AMO has recommended are applied to current law, it would be extremely difficult for foreign merchant marine officers to qualify for employment on U.S.-flagged vessels, as these officers would be held to the same requirements faced by American merchant marine officers."