§ 85.1 Financial responsibility for burial of seamen. (a) Owners or operators of vessels of the United States. The owner of a vessel of the United States is responsible for the payment of burial expenses of a seaman from the vessel, if such owner would have been liable for the seaman's care, subsistence and repatriation but for the seaman's death. The burial expenses are properly chargeable to the ship and may not be deducted from the seaman's wages. (b) United States Government. Burial expenses are paid by the Government only in cases where the circumstances would have warranted expenditure of Government funds for the seaman's maintenance and repatriation if he had not died. The expenses chargeable to the Government are for preparation of the remains and ordinary expenses of interment in foreign countries or in territories and possessions of the United States. A United States flag may be used to drape the casket. Although charges for flowers, religious services, and other similar items, which are not necessary for interment, are not allowable, the service should be conducted with dignity. Vouchers covering burial expenses must be fully itemized to show the cost of each item. § 85.2 Shipment of remains. No appropriation is available for the shipment of remains of seamen. [Comp. Gen. A-53494, June 14, 1934.] However, if the family of a seaman desires the return of his body at their expense, the same procedure will be followed as in returning the bodies of other American citizens. § 85.4 Custody of effects of American seamen. (a) Seamen dying aboard ship. When any American seaman, belonging to or sent home on any merchant vessel whose voyage is to terminate in the United States, dies during such voyage, the master should take charge of all monies, clothes, and effects left on board by the seaman. If the ship touches or remains at a foreign port before coming to any port of the United States, the master should report the case to the consular officer there, and give such officer any information he requires as to the destination of the ship and the length of the voyage. Thereupon such officer may, if he considers it expedient, require the said effects, money and wages to be delivered and paid to him. Upon that being being done he shall give the master a receipt therefor on Form FS-85. The consular officer shall also endorse and certify upon the agreement with the crew the particulars of such delivery and payment. If he does not require the delivery and payment, he shall obtain from the master a statement of the seaman's account with the vessel, and transmit a copy thereof to the Department. If the ship is sold in a foreign port and the master has in his possession the effects, money, and wages of a deceased seaman, the consular officer may require them to be delivered to him. (b) Seamen dying ashore. Whenever any American seaman dies at any place outside of the United States, leaving any money or effects not on board his vessel, the United States consular officer at or nearest the place shall claim and take charge of such money and effects. (R.S. 4538, 4539 as amended, 4541 as amended; 46 U.S.C. 621, 622, 624) § 85.5 Sale of effects. The consular officer shall, if he thinks fit, sell all or any of such effects of any seaman as may be delivered to him under the provisions of law. § 85.6 Disposition of proceeds of sale and of unsold effects. If effects are sold, the consular officer shall monthly remit to the responsible district court all moneys belonging to or arising from the sale of the effects or paid as the wages of any deceased seaman which have come into his hands and shall render such accounts thereof on the reverse side of Form FS-85 as the district court requires. The effects of deceased American seamen not sold and all wages or moneys coming into the possession of a consular officer under any of the foregoing provisions shall likewise be remitted to the district court for administration. However, certificates and identificaton papers issued by Government agencies should be transmitted to the Department for return to the issuing agency. (R.S. 4541 as amended; 46 U.S.C. 624) § 85.7 Defrayal of expenses. Costs arising in connection with transmittal to the court of the monies and effects of a deceased seaman, such as a bank draft or transportation charges, are properly chargeable to the estate of the seaman and should be defrayed from such funds as are contained therein. § 85.8 Effects of alien seamen. If a deceased seaman of foreign nationality was not an American seaman as defined in § 81.1(j) of this chapter, and the wages and effects are delivered to the consular officer, the latter should make proper inquiries to find the relatives of the deceased and may determine for himself to whom the wages and effects should be given. If no relatives are found or if the officer cannot satisfactorily determine the relatives entitled to the wages and money arising from the sale of the effects, they should be remitted to the district court as provided in § 85.6. A consular officer may not deliver the wages and effects of such a deceased seaman to an official of the foreign government of which the deceased was citizen or subject unless such official holds a valid appointment to represent the heirs. [1 Comp. Gen. 621] § 85.9 Accounting for effects. (a) Statement of details to district court. Consular officers are required, in rendering the accounts provided for by law, to make a statement of details, namely: (1) A statement of the amount of money left by the deceased and any of his effects unsold; (2) A description of each article sold, and the sum received for each; (3) The sum due the deceased for wages, with dates, and the items of deduction, if any, to be made therefromno such deduction being allowed to the master unless verified by an entry in the official log book. (b) Wage account to district court. The master shall be required to give full particulars of the wage account of the seaman, including the date of shipment, rate of wages, and time of discharge, and any deductions therefrom, to be verified by entry in the official log; such account to be verified before the consular officer by the master, and a certified copy thereof to be sent with the account to the district court, together with information regarding the names and addresses of the next of kin, or other interested persons, of the decedent. (c) Receipts from Court. Consular officers shall be careful to obtain from the court receipts in duplicate for all monies, wages, and effects transmitted by the Foreign Service office. PART 86-MARITIME DISASTERS, AWARDS AND SEIZURES Sec. 86.1 86.2 86.3 85.4 86.5 86.6 86.7 86.8 86.9 Reports on disasters. Consular authority over wrecked, lost, or stranded vessels of the United States. Consular authority when interested party is present. Consular jurisdiction in salvage cases. Reports on rescues and heroic conduct. Claims arising out of seizures of vessels. AUTHORITY: The provisions of this Part 86 issued under sec. 302, 60 Stat. 1001; 22 U.S.C. 842, unless otherwise noted. SOURCE: The provisions of this Part 86 appear at 22 F.R. 10856, Dec. 27, 1957, unless otherwise noted. § 86.1 Reports on disasters. When a vessel of the United States is wrecked, lost, or stranded within the jurisdiction of a United States consular officer, or when such a vessel, its cargo, or passengers and crew, are brought into his jurisdiction after a disaster at sea, the consular officer shall immediately transmit a telegraphic report to the Department of State, giving the name of the vessel, its owner and home port, the voyage on which it was bound, the circumstances attending the disaster including a statement of the nature of the disaster, the date of occurrence, and the exact location, and information concerning the safety of passengers and crew. Names of those known to be killed, injured or missing should be listed with indication concerning others known to be safe. The report shall, if possible, include information as to whether the vessel is an actual or constructive total loss. The telegraphic report should be followed by a detailed airmail report which shall state whether the ship's papers have been saved. § 86.2 Consular authority over wrecked, lost, or stranded vessels of the United States. (a) Under United States statutes. If treaty provisions, established usage, or local laws permit, a United States consular officer shall assume jurisdiction over a vessel of the United States which has been wrecked or stranded on a coast within his district or which has been brought into his district after having suffered a disaster at sea; and over any cargo or effects belonging to United States citizens which have been brought into the officer's district from a wrecked or lost vessel of the United States: Provided, That the captain or owner of the vessel, or the owner or consignee of the cargo, or the owner of the effects, is absent or incapable of taking possession of the property concerned: And provided, That no salvage claim has attached to the property. A (b) Under treaties or custom. consular officer shall familiarize himself with the treaty or treaties in force between the United States and the country of assignment regarding the jurisdiction of a United States consular officer over wrecked or stranded vessels of the United States, their cargoes, and effects; and shall exercise such authority as has been granted to him to its fullest extent in the interest of those concerned. In the absence of a specific treaty provision on this subject, the consular officer shall be guided by the generally conceded custom in the country of assignment. In the case of cargo of foreign origin which is brought into a country from a wrecked or stranded vessel, the rule in the United States is that such cargo is exempt from customs duties if it is transshipped or reloaded under customs supervision and taken out of the country. Officers shall endeavor to have similar treatment accorded in a foreign country with reference to cargo belonging to United States citizens, which is brought into the country from a wrecked or stranded vessel. If rights granted by treaty or acquired by established usage are denied or ignored, the consular officer shall submit an immediate report in the premises to the Department of State, the diplomatic mission of the United States in the country of assignment, and to the supervising consulate general, if there is one. (c) Under local laws. In the absence of a treaty or an established custom giving a United States consular officer jurisdiction over wrecked or stranded vessels of the United States, their cargoes, and effects, the consular officer shall conform to local laws and regulations on this subject. However, if, under local laws, the magistrate or some other official is vested with jurisdiction over the property in question, the consular officer shall request permission to assist in proceedings relating to its disposition. If the consular officer's reasonable request in this connection is refused, he shall submit a statement of the facts involved, together with any necessary supporting evidence, to the Department of State and the diplomatic mission, by telegraph if necessary. (R. S. 4238; 46 U. S. C. 721) § 86.3 Consular authority when interested party is present. A consular officer is prohibited from assuming jurisdiction over a wrecked or stranded vessel of the United States when a party in interest is present. He may, however, if requested, act as official adviser of the party in interest and should do everything within his power under treaty provisions, established usage, or local laws, to protect this interest. § 86.4 Consular jurisdiction in salvage (b) Safeguarding of vessel and cargo. Pending receipt of instructions from the owners or from the Department, a consular officer may, for his own protection, post a guard at the wrecked or stranded vessel, or over the cargo and effects brought into his district from a vessel which has been wrecked or stranded at sea, to prevent pilferage. Any expenses necessarily expended in employing a guard for this purpose are chargeable against the property in question. (c) Collection and disposal of papers. The consular officer will endeavor to collect the ship's papers and documents relating to the vessel, its cargo, and passengers, and, if possible, deliver them to the proper persons. In the event of the death or nonappearance of such persons, the consular officer shall transmit the papers to the Department. (d) Disposition of unclaimed property. If the owners of the vessel, cargo, or effects are unknown, the consular officer shall submit a full report to the Department and await instructions before taking further action. Upon receipt of necessary authorization from the Department, a consular officer may dispose of unclaimed merchandise and effects in the manner set forth for the disposition of effects of a citizen of the United States dying abroad. (R. S. 4238; 46 U. S. C. 721) § 86.6 Reports on rescues and heroic conduct. ticable such action as he deems appropriate to attend to the welfare of such vessel and its crew while it is held by such country and to secure the release of such vessel and crew. When a vessel is seized under the above conditions and a fine must be paid in order to secure the prompt release of the vessel and crew, the owners shall be reimbursed by the Secretary of the Treasury in the amount certified to him by the Legal Adviser and Deputy Legal Adviser of the Department of State as being the amount of the fine actually paid. These provisions are not applicable with respect to a seizure made by a country at war with the United States or a seizure made in accordance with provisions of any fishing convention or treaty to which the United States is a party. (68 Stat. 883; 22 U.S.C. 1971-1976, 1952 Ed., Supp. IV) § 86.8 Claims arising out of seizures of (a) vessels. Submission of claim. Claim arising out of seizure of a vessel for the reimbursement of a fine shall be submitted to the Secretary of State. Claim may be filed by the owner of the vessel, or by an authorized agent through the American Consulate. When filed by an agent, the claim must show the title or capacity of the person presenting the claim and be accompanied by evidence of his appointment as a duly authorized agent. (b) Form of claim. Claim shall be prepared in the form of a sworn statement, in triplicate. It shall contain in narrative form a clear chronological statement of the essential facts relating to: (1) Name and address of claimant, (2) Citizenship status of claimant. (3) Date and manner of the owner's acquisition of the vessel or other interest therein. (4) Date and circumstances relating to the seizure of the vessel, including the approximate location of the vessel at the time of seizure, the manner in which such location was determined, and the activities in which it was engaged at the time of seizure, (5) Date, amount, and circumstances relating to the payment of the fine and the release of the vessel, (6) Identification of persons, officials or agencies involved in the seizure of the vessel, the payment of the fine, and the release of the vessel; and the dates involved, (7) Nature, circumstances, and amount of incidental expenses incurred or other losses sustained by the owner as a consequence of the seizure. (c) Evidence to be submitted by claimant. There shall be attached to the sworn statement of claim documentary evidence consisting or original documents or certified copies thereof to support every allegation in the sworn statement. The documents filed as evidence shall be numbered consecutively and cited by number in the sworn statement in support of which the documents are filed. All evidence shall be filed in triplicate. The original evidence or certified copies thereof shall be attached to the original copy of the claim. Uncertified copies may be attached to the other two copies of the affidavit of claim. All documents in other than the English language shall be accompanied by English translations. The more important documentary evidence filed in support of the claim shall include the following: (1) Articles of incorporation of the owner or partnership agreement of the owners and all amendments thereto, (2) Proof of citizenship of officers and directors of the corporation or of the partners, or of a sole individual owner, as the case may be, (3) Affidavit of an officer of the corporation as to the citizenship status of the stockholders as far as known. (4) Receipt for payment of the fine, (5) Proof to substantiate all other expenses for which claim is made, consisting of receipts, vouchers, etc., (6) Log of the vessel seized, (7) Records of any hearings conducted by authorities of the government making the seizure relative to such seizure. (8) Certificate of Registry, other document or certificate of the vessel seized, (9) Convincing evidence of any available nature to bring the case within the provisions of the statute, (10) Affidavits of officers of the seized vessel corroborating allegations upon which the claim is based. § 87.1 Transfers to American ownership. When a vessel has been transferred abroad from foreign to United States ownership, a consular officer shall, when requested, perform the following services for the purchaser or purchasers of the vessel: (a) Take an acknowledgment of the execution of the bill of sale for the vessel and make the bill of sale a matter of record in the Foregn Service office; and (b) Either issue a Provisional Certificate of Registry (Customs Form 1266-A) for the vessel, provided the purchaser or purchasers desire to have it documented under the laws of the United States, and provided the Commissioner of Customs, Department of the Treasury, first approves the issuance of such a certificate; or if the purchaser or purchasers do not desire or intend to have the vessel documented under the laws of the United States, issue a Certificate of American Ownership for the vessel, provided approval of the Department of State is obtained in advance. A Certificate of American Ownership is prima facie proof that the vessel concerned was transferred to United States ownership, that the transfer was made in good faith, and that the owners are United States citizens. § 87.2 Transfers of American vessels to aliens or to foreign registry. A consular officer shall, upon request, inform interested parties that formal written application for the approval of the Maritime Administration must be filed, in duplicate, on Form MA-29. Upon completion by the applicants of the necessary documents for the Maritime Administration, the consular officer may transmit such documents for them to the Maritime Administration through the Department of State. A consular officer |