Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Shipowners' Liability (Sick and Injured Seamen) Convention, 1936 (No. 55) - United States of America (Ratification: 1938)

Article 1, paragraph 1 (scope of the Convention), together with Article 11 of the Convention (equality of treatment to all seamen irrespective of nationality, domicile or race). The Committee takes note of the information supplied by the Government in reply to its earlier comments. It notes, in particular, that the courts have not yet addressed the specific issue that concerns the effect of a 1982 amendment to the Jones Act (46 USC section 688) on the application of the Convention to certain foreign seafarers. It also notes the Government's statement that, should the issue be presented in some future case, a court may conclude that, in view of the legislative history of the amendment, the amendment may be construed in a manner consistent with the Convention. The Government suggests that it may be useful to await further judicial development of the issue before reaching another conclusion about the proper interpretation of the amendment.

The Committee takes due note of the Government's views on the subject. It hopes that it will be possible to review, in the near future, the effect of this amendment on the application of the Convention to foreign seafarers - other than permanent residents in the United States - employed by enterprises engaged in the exploration, development or production of offshore mineral or energy resources, on vessels operating in the waters overlying the continental shelf of a nation other than the United States. The Committee is, however, of the opinion that, to avoid any doubts on the effect of the 1982 amendment to the Jones Act on the application of the Convention, it would be advisable to modify the legislation to more clearly reflect the requirements of the Convention. It asks the Government to provide, in its next report, information on any progress made in this regard.