7 FAM 760
DECEASED SEAMEN AND THEIR EFFECTS
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 761 Notification of DEATH OF
United States NATIONAL SEAMEN ABROAD
(CT:CON-111; 09-15-2005)
a. The master of the vessel or the ships agent usually
will advise you of the death on the high seas or in port of a seaman who is a United States national, and they may also advise the next of kin. You also have a
statutory obligation to advise the next of kin and prepare a report of death
for any seaman who is a United States national. (See 7 FAM 200).
b. The responsibilities of the master of the vessel
include:
Logbook and Entry Requirements 46 U.S.C. 11301
provides:
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46 U.S.C. 11301 Logbook and Entry Requirements
(b) The master of the vessel shall make or have made in
the official logbook the following entries:
(6) Each death on board, with the cause of death, and
if a seaman, the information required by section 10702 of this title.
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c. Notification of Consular Officer: 46 U.S.C. 10703
provides:
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46 U.S.C. 10703 Procedures for Masters
(b) If the vessel touches at a foreign port after
the death of the seaman, the master shall report to the first available
consular officer.
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7 FAM 762 Notification of Death and
Disposition of Remains of Seamen of Foreign Nationalities aboard a United
States Flag Vessel
(CT:CON-111; 09-15-2005)
a. The master of the vessel or the ships agent usually
will advise you of the death of a seaman of foreign nationality and they may
also advise the next of kin.
b. You must report the death to:
(1) CA/OCS/ACS;
(2) The next of kin, if known or
(3) The officials of the seamans country of
nationality.
c. No Foreign Service Report of Death is prepared for
non- United States nationals.
d. Consular Mortuary Certificates may be prepared for
shipment of remains of non-United States nationals to the United States.
7 FAM 763 Disposition of Remains
(CT:CON-111; 09-15-2005)
a. According to maritime custom and union contracts,
the owner or operator of a vessel is normally responsible for the burial
expenses of a seaman, provided that the seaman is still in the service of the
vessel or is still entitled to maintenance and repatriation at the time of
death.
b. Burial expenses may not be deducted from the
seamans wages.
c. Whether the family or owner/operator pays the
disposition of remains expenses, you should follow the same procedures for the
shipment of remains as you do for other United States citizens. (See 7 FAM
200).
7 FAM 764 Effects of a Seaman of the
United States
(CT:CON-111; 09-15-2005)
a. Duties of Masters 46 U.S.C. 10702 provides:
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46 U.S.C. 10702 Duties of Masters
(a) When a seaman dies during a voyage, the master
shall take charge of the seamans money and property. An entry shall be made
in the official logbook, signed by the master, the chief mate, and an
unlicensed crewmember containing an inventory of the money and property and a
statement of the wages due the seaman, with the total of the deductions to be
made.
(b) On compliance with this chapter, the master
shall obtain a written certificate of compliance from the consular officer or
court clerk. Clearance may be granted to a foreign-bound vessel only when the
certificate is received at the office of customs.
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b. 46 U.S.C. 10703 provides:
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46 U.S.C. 10703 Procedures for Masters
(a) If the vessel is proceeding to the United States
when a seaman dies, the master shall deliver the seamans money, property,
and wages when the agreement required by this part is ended, as provided in
section 10706 of this title.
(b) If the vessel touches at a foreign port after
the death of the seaman, the master shall report to the first available
consular officer. The consular officer may require the master to deliver to
the officer the money, property, and wages of the seaman. The consular
officer shall give the master a receipt for the matters delivered and certify
on the agreement the particulars of the delivery. When the agreement ends,
the master shall deliver the receipt to a district court of the United States.
(c) If the consular officer does not require the
master to deliver the seamans money, property, and wages, the officer shall
so certify on the agreement, and the master shall dispose of the money,
property, and wages as provided under section 10706 of this title.
(d) A deduction from the account of a deceased
seaman is valid only if certified by a proper entry in the official logbook.
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c. When a seaman dies during a voyage, the master of
the vessel:
(1) Takes possession of the deceased seamans property
and money;
(2) Makes an entry in the ships official log book
containing an inventory of the property and money and a statement of the wages
due the seaman as well as a total of the deductions from the wages; and
(3) With the chief mate, and a crewmember, must sign
the log book entry.
d. You then provide the master with a written
certificate of compliance (see 46 U.S.C. 10703(c).
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46 U.S.C. 10703(c)
If the consular officer does not require the master
to deliver the seamans money, property, and wages, the officer shall so
certify on the agreement, and the master shall dispose of the money,
property, and wages as provided under section 10706 of this title.
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e. Upon direct return to the United States, the master
or the ships agent forwards the property and money to the responsible United States district court for administration.
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46 U.S.C. 10705
The responsible U.S. District Court is the court for
the district in which the voyage begins or ends.
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f. When a ship remains in or enters a foreign port,
the master should report the death to the nearest consular post. Depending on
the length of the voyage and destination or if the ship is sold in the foreign
port, you may:
(1) Take possession of the property and money,
including wages. When you do not take possession of the property, the master
should provide a statement of the seamans account for your case file;
(2) Provide the master with a Receipt for Effects;
and/or
(3) Endorse and certify the ships articles indicating
the disposition of the effects, and forward a copy to CA/OCS/ACS.
7 FAM 765 ROLE OF THE CONSULAR OFFICER
IF YOU TAKE POSSESSION OF PERSONAL EFFECTS
(CT:CON-111; 09-15-2005)
a. 46 U.S.C. 10704 provides:
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46 U.S.C. 10704 Duties of Consular Officers
When a seaman dies outside the United States leaving
money or property not on board a vessel, the consular officer nearest the
place at which the money and property is located shall claim and take charge
of it.
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b. You should:
(1) Create an inventory;
(2) Prepare a statement detailing: and
(a) The unsold effects and money of the deceased being
held;
(b) A description of items sold and amount received; and
(c) The wages due the deceased and deductions to be
made. The master must verify in the logbook any allowable deductions.
(3) Forward the effects expeditiously under the
consular seal to the responsible United States district court for
administration and request a receipt. Money should be sent by bank draft or
check payable to the clerk of the district court in accordance with post
procedures.
c. Inform the next of kin of the location of the United States district court where wages and effects will be sent and the estimated date of
arrival.
d. Advise the next of kin to correspond directly with
the court for further information.
e. Inform CA/OCS/ACS of the disposition of effects
including an accounting of financial transactions.
f. When a seaman dies ashore, you should take
possession of the effects and money not aboard ship and forward them to the
responsible United States district court for administration.
g. Expenses incurred in transmitting effects and money
to the United States district court should be deducted from available funds
from the estate. If adequate funds are not available either from money
received or from items sold, request the shipping company or the next of kin to
provide assistance. (See 7 FAM 200).
7 FAM 766 DEATH OF SEAMAN IN THE UNITED
STATES
(CT:CON-111; 09-15-2005)
46 U.S.C. 11706 provides:
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46 U.S.C. 11706 Seamen Dying in the United States
When a seaman dies in the United States and is
entitled at death to claim money, property, or wages from the master or owner
of a vessel on which the seaman served, the master or owner shall deliver the
money, property, and wages to a district court of the United States within one
week of the seamans death. If the seamans death occurs at sea, such money,
property, or wages shall be delivered to a district court or a consular
officer within one week of the vessels arrival at the first port call after
the seamans death.
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7 FAM 767 through 769 unassigned