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sel that is more than 50 percent foreign- maritime labor force to crew its vessels. put in place, then the owners and opera- ther depressed and result in more severe owned should limit the foreign citizen Consistent with international law, it is tors of foreign-? ag vessels currently en- layoffs. Accordingly, we recommend crew members to the nationality of the common practice to permit an owner or gaged in OCS activities would simply GOM stakeholders consult with counsel ? ag state of the vessel and would limit operator to crew a vessel under a partic- stop working in the U.S. OCS because to ensure they are fully informed of the the number of foreign citizens that could ular ? ag with crew members from any they could not ? nd enough trained and potential negative impacts that this pro- be exempted. Such a provision would country as long as the crewmember is experienced crew to operate their ves- posal would have on the GOM and the be in direct con? ict with longstanding trained and has the experience to meet sels. This would mean that work in the U.S. economy in general, should there international law. The U.S. does not international safe manning requirements. GOM, including the supporting jobs be interest on Capitol Hill to move such have the authority to dictate citizenship In conclusion, should this proposal be provided by U.S. citizens, would be fur- legislation.

requirements for foreign nationals work- ing aboard a foreign-? ag vessel if U.S. citizens are not required. Speci? cally, the ? ag state alone has the authority to establish citizenship requirements for its vessels, and the citizenship of the foreign-? ag vessel’s crew under inter- national law, are not required to be the same as the ? ag state unless that speci? c ? ag state mandates such a requirement.

Even though the U.S. has generally made this a requirement for U.S. ? ag vessels, other countries have not. And, this proposal would do little or nothing to increase jobs for U.S. citizens on the

OCS because the work performed by these foreign ? ag vessels cannot be re- placed by U.S. ? ag vessels.

Implications of the Proposal

The intent of this crewing exemption regime appears to be to ensure that U.S. ? ag vessels are given equal opportunity to perform OCS services worldwide, as they have been doing for the past half century. However, should the U.S. implement further restrictions on crew- ing, the likelihood is that other countries could reciprocate by restricting offshore opportunities for U.S. citizens serving aboard U.S. ? ag vessels worldwide,

Maritime risks are vast. So is our team to see you even further reducing the work available to U.S. citizens. through them.

Most concerning, however, is the fact that the implementation of such a pro- posal would appear to have the practical

Whether you provide marine services or transport goods, people or cargo, you face countless property effect of potentially shutting down the and liability risks. When you work with Travelers Ocean Marine, you’ll be working with a team that has entire offshore industry. This is because deep knowledge of the maritime industry – backed by the financial strength of the #1 commercial foreign-? ag vessels engaged in various property writer in the U.S.* We’re dedicated to helping you understand how to protect against types of specialized OCS activities such the unknown. But if the unfortunate should occur, you’ll be ready with the power of Travelers. as seismic, construction, installation,and other OCS support activities often em-

That includes a 12,000-person claim organization – with a catastrophe response team, ready to be ploy crew members from maritime na- deployed at a moment’s notice – and the financial strength to handle major claims. You can rest easy tions with particular skill sets that can- knowing you’re not going it alone.

not be replaced easily. In this regard, many ? ag states simply do not have the *Reported by SNL Financial

The Author

Jonathan Waldron is a partner and chair of the maritime and international trade practice at Blank Rome LLP. Waldron concentrates his practice in maritime, international, and environmental law, including maritime security. He served travelers.com in the U.S. Coast Guard for 20 years, © 2015 The Travelers Indemnity Company. All rights reserved. Travelers and the Travelers Umbrella logo are registered trademarks of The Travelers Indemnity Company in the U.S. and other countries. 15-OM-1837 Rev. 8-15 attaining the rank of commander, and was senior counsel to the Marine Spill

Response Corporation.

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