The Jones Act[edit]For more details on this topic, seeMerchant Marine Act of 1920.

The Jones Act was sponsored by SenatorWesley Livsey JonesofWashington.The "Merchant Marine Act of 1920," often called The "Jones Act," required U.S.-flagged vessels to be built in the United States, owned by U.S. citizens, and documented ("flagged") under the laws of the United States.[47]It also required that all officers and 75% of the crew be U.S. citizens. Vessels satisfying these requirements comprised the "Jones Act Fleet," and only these vessels were allowed to engage in "cabotage", or carrying passengers or cargo between two U.S. ports.[48][citation needed]Another important aspect of the Act is that it allowed injured sailors to obtain compensation from their employers for the negligence of the owner, thecaptain, or fellow members of the crew.[citation needed]

A vessel also must be built in the United States to be coastwise qualified.13A vessel satisfies the U.S.-built requirement if all major componentsof its hull and superstructure are fabricated in the United States and assemblyof the vessel occurs entirely in the United States.14However, U.S. vesselslose their coastwise eligibility if they are subsequently documentedunder a foreign flag, sold or transferred to a person or company that does notqualify as a citizen for coastwise purposes, or rebuilt outside the UnitedStates.15In addition to citizenship requirements for vessel owners, crew memberson U.S.-documented vessels are required to be U.S. citizens.16On Americanvessels, unlicensed seamen must be U.S. citizens, foreign students attendingthe U.S. Merchant Marine Academy, or lawful permanent residents.17However, no more than 25 percent of the unlicensed seamen may be alienslawfully admitted to the U.S. for foreign residence.18Importantly, the master,chief engineer, radio officer, or any officer in charge of a deck or engineeringwatch on a coastwise vessel must be a U.S. citizen.19 - http://www.americanmaritimepartnership.com/2015/04/27/myth-and-conjecture-the-cost-of-the-jones-act/

Eligible for an American PassportThe Workboat Academy provides training to obtain Officer in Charge of Navigational Watch (OICNW) endorsement. The Merchant Marine Act of 1920 (a.k.a. The Jones Act) does not allow non-United States citizens to obtain OICNW endorsement. -http://www.workboatacademy.com/admissions

Merchant Mariner Credential (MMC)The Merchant Mariner Credential (MMC) is a required document for every Merchant Mariner. In order to obtain a MMC, the applicant must complete an enrollment form (CG-719B) and pass a United States Coast Guard (USCG)-approved physical exam (CG-719K), including a drug test. Please use the following links to download these forms: Form CG-719B, click here:http://www.uscg.mil/forms/cg/CG_719B.pdf Form CG-719K, click here:http://www.uscg.mil/forms/cg/CG_719K.pdfTransportation Worker Identification Credential (TWIC)The Transportation Worker Identification Credential (TWIC) is a document required in the shipyard and onboard vessels. Please use the following link to enroll in the TWIC program: https://universalenroll.dhs.gov/servicecode/111111(e)*Age.Except as specified in this paragraph, no officer endorsement may be issued to a person who has not attained the age of 21 years. The required evidence of age may be established using any of the items submitted to establish citizenship set out in 49 CFR 1572.17.

On STCW Convention Regulation I/10, Recognition of Foreign certificatesDocket No. USCG20100797October 26, 2010The following is submitted by the Council of American Master Mariners concerning the USCGs consideration of a policy recognizing foreign-issued STCW certificates for employment on certain U.S. documented vessels, as per the notice in the Federal Register (Vol. 75, No. 186/Sept. 27, 2010/p. 59281).1. The Council of American Master Mariners opposes the employment of any and all holders of foreign licenses, certificates, and/or documents on any American flagged vessel. In these hard economic times, it is unthinkable that a branch of the U.S. Federal Government would even consider allowing foreign officers and seaman to take American jobs from American citizens.2. The Council of American Master Mariners recognizes that Congress has previously, erroneously, authorized the employment of foreign seafarers on a restricted basis, for Mobile Offshore Drilling Units and Offshore Supply Vessels operating foreign. C.A.M.M. maintains its opposition to this statute and instead supports the hiring of U.S. Citizens only on ALL U.S. flagged vessels.3. The Council of American Master Mariners maintains that in any limited circumstances, such as MODUs and OSV, where Congress has waived the requirement of U.S. citizenship, the USCG should not recognize any STCW certificate that has not been issued by an accredited authority, which has been vetted by the USCG, to insure standards of competence and training.4. The Council of American Master Mariners maintains that any foreign seafarer that is employed on a U.S. flagged vessel must meet the same requirements that a U.S. seafarer would be required to meet. Namely: the ability to communicate in English, pass a background check, including but not limited to criminal, drug and alcohol, driving record check and the ability to hold a Transportation Workers Identification Credential (TWIC). The foreign seafarer should also be held to maintain the same physical and medical standards that are required of a U.S. seafarer.5. 1. The Council of American Master Mariners requests the USCG to require that any limited acceptance of foreign credentials for employment on limited U.S. flagged vessels, MODUs and OSVs, be so noted directly on the face of the certificate or credential. Furthermore, that any USCG endorsement should also cite the existing limitation to those vessels where the citizenship requirement has been specifically waived by Congress under 46 USC 8103 (b)(3 ), i.e.,an offshore supply vessel (OSV) [as that term is defined in 46 U.S.C. 2101(19)] 6. that is operating from a foreign port; and mobile offshore drilling unit (MODU) (as that term is defined in 46 U.S.C. 2101(15a) that is operating beyond the water above the U.S. Outer Continental Shelf; and this endorsement does not apply to any vessel operating in water above the U.S. Outer Continental Shelf (as that term is defined in 43 U.S.C. 1331(a).In summary, the Council of American Master Mariners is solidly against any expansion of the language of CFR 46 USC 8103 (b)(3) to cover any vessel other than the limited vessels sited therein. Furthermore, that any foreign seafarer, holding a foreign license, certificate, or document, that is to be employed on a U.S. flagged vessel as per item 5 above, be required to meet the same standards of certification and security check as a U.S. seafarer who would be employed in that position.http://www.mastermariner.org/pr/STCW_I-10.html

SIU Submits Comments on Recognition of Foreign CertificatesDecember 2010Back to Issue

The SIU in late October responded to a Notice of Proposed Rulemaking issued by the U.S. Coast Guard concerning the agencys development of procedures to recognize STCW certificates issued by foreign countries.A recent notice in the Federal Register stated, Regulation I/10 of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended, (STCW) requires Parties to the Convention to establish procedures to recognize STCW certificates issued by or under the authority of another Party. In order to start this process, the Coast Guard is developing a policy regarding the United States recognition of foreign certificates held by foreign maritime officers who may be employed on some United States flag vessels.According to the same notice, Title 46 of the United States Code allows the employment of foreign citizens aboard certain U.S.-flag vessels mainly certain offshore supply vessels and mobile offshore drilling units operating beyond U.S. waters, if it is determined that no qualified U.S. mariners are available.The unions comments read in part, The SIU expects that the Coast Guards procedure and policy in recognition of seafarer competence certificates from other countries will at the very least mirror the requirements of the Convention, ensuring strict compliance with STCW requirements. In concurrence with other submissions to the docket, the SIU also advances that foreign STCW certificates should only be recognized by the Coast Guard as evidence that the mariner has met the minimum requirements of the STCW Convention. Before accepting such certificates as equivalent to U.S. credentials where employment is permitted under 46 USC 8103(b)(3) which only waives citizenship requirements, not professional competency on certain U.S.-flag vessels, the mariner should meet U.S. requirements pertaining to holding a Transportation Worker Identification Credential (TWIC), drug testing, medical standards, maritime security, driver record check, etc. as required for American merchant mariners. In other words, the SIU strongly believes that every foreign mariner employed aboard a U.S.-flag vessel under the citizenship waiver statute must meet and satisfy every requirement that is applicable to a credentialed American counterpart to which he/she must comply before being employed aboard a U.S.-flag vessel. To do otherwise would create not only a double standard but possibly a safety concern between American seafarers on U.S. vessels and foreign seafarers holding the same position.The unions comments also included the following: The SIU asserts that any Coast Guard acceptance of a foreign STCW certificate should clearly indicate the existing limitation to those vessels where the citizenship requirement has been waived. The SIU appreciates the opportunity to comment and looks forward to working with the Coast Guard on the implementation of the Manila Amendments to the STCW Convention and anticipates the regulatory changes that would be needed to bring the United States into compliance with the STCW requirements so that U.S.-flag vessels will not be subject to detention in foreign ports due to allegations of improperly credentialed seafarers.http://www.seafarers.org/seafarerslog/2010/12_Dec/SIUcommentscert.htm 15.720Use of non-U.S. licensed and/or documented personnel.(a)United States vessels which need to replace one or more persons while on a foreign voyage and outside the jurisdiction of the United States, in order to meet manning requirements, may use non-U.S. credentialed personnel without a TWIC, except for the positions of master and radio officer, until the vessel returns to a port at which in the most expeditious manner replacements who are citizens of the United States can be obtained.(b)The citizenship requirements of46 U.S.C. 8103(a)and (b) and the TWIC requirement of46 U.S.C. 70105are waived, except for the requirement that the master must be a U.S. citizen holding a TWIC, with respect to the following vessels:(1)A U.S.-documented offshore supply vessel (OSV) (as that term is defined in46 U.S.C. 2101(19)) that is operating from a foreign port; and(2)A U.S.-documented mobile offshore drilling unit (MODU) (as that term is defined in46 U.S.C. 2101(15a)) that is operating beyond the water above the U.S. Outer Continental Shelf.(c)The waiver provided in paragraph (b) of this section does not apply to any vessel operating in water above the U.S. Outer Continental Shelf (as that term is defined in43 U.S.C. 1331(a)).(d)The master shall assure that any replacements of crewmembers by non-U.S. citizens made in accordance with this section will be with an individual who holds a credential which is equivalent in experience, training, and other qualifications to the U.S. credential required for the position and that the person possesses or will possess the training required to communicate to the extent required by 15.730of this part.[CGD 89-061, 55 FR 1212, Jan. 12, 1990, as amended by USCG-2006-24371,74 FR 11261, Mar. 16, 2009]https://www.law.cornell.edu/cfr/text/46/15.720