7 FAM 740
Desertion, Failure to Rejoin Ship, ARREST OF SEAMEN
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 741 When Desertion Occurs
(CT:CON-111; 09-15-2005)
a. Desertion occurs when:
(1) When a seaman without leave quits the service of a
vessel and does not intend to return to duty; or
(2) When a seaman signs shipping articles, agrees to
join a vessel waiting in port and then fails to do so, unless the failure was
beyond his/her 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-111; 09-15-2005)
Desertion does not occur when:
(1) When a mariner 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 seaman goes ashore without permission, but
intends to return;
(3) When a seaman openly leaves the ship with the
consent of the master or leaves under circumstances showing the masters desire
or intention to terminate the seamans services; and
(4) When the seaman 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.
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The master is obliged to report desertions in a foreign
port where they occur if we have consular representation there or to the
first port he enters having consular representation.
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7 FAM 743 What is the Role of the
Consular Officer?
(CT:CON-407; 06-29-2012)
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 seamans
absence from the vessel.
c. A masters 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 seaman 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 seaman was
not a deserter, inform CA/OCS/L 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-111; 09-15-2005)
The La Follette Seamens Act of March 4, 1915 forbids the
imprisonment of merchant seamen charged with desertion. However, deserters are
subject to the local laws and may be detained as unlawfully admitted immigrants.
You should offer appropriate assistance to United States seamen who are charged
with desertion. (See 7 FAM 400).
7 FAM 745 through 749 unassigned