ARTICLE 13

1. Should the Conference adopt a new convention revising this Convention in whole or in part, then, unless the new Convention otherwise provides,

(a) the ratification by a Member of the new revising Convention shall ipso jure involve the immediate denunciation of this Convention, notwithstanding the provisions of Article 11 above, if and when the new revising Convention shall have come into force;

(b) as from the date when the new revising Convention comes into force this Convention shall cease to be open to ratification by the Members.

2. This Convention shall in any case remain in force in its actual form and content for those Members which have ratified it but have not ratified the revising Convention.

ARTICLE 14

The French and English texts of this Convention shall both be authentic.

RESERVATIONS BY THE UNITED STATES GOVERNMENT

The above Convention was ratified on the part of the United States, subject to the following reservations:

"That the United States Government understands and construes the words 'vessels registered in a territory' appearing in this Convention to include all vessels of the United States as defined under the laws of the United States.

"That the United States Government understands and construes the words 'maritime navigation' appearing in this Convention to mean navigation on the high seas only.

"Nothing in this Convention shall be so construed as to prevent the authorities of the United States from making such inpsection of any vessel referred to in article V, paragraph 3, within the jurisdiction of the United States, as may be necessary to determine that there has been a compliance with the terms of this Convention, or to prevent such authorities from withholding clearance to any such vessel which they find has not complied with the provisions of the Convention until such time as any such deficiency shall be corrected. "That the provisions of this Convention shall apply to all territory over which the United States exercises jurisdiction except the Panama Canal Zone, with respect to which this Government reserves its decision."

RATIFICATION OF TREATY

NOTE. The ratification of this treaty by the United States was deposited on October 29, 1938, and became effective on October 29, 1939. The Act of July 17, 1939, (46 U.S.C. 224a), represents the enabling legislation passed by Congress to make effective the provisions of this treaty.

Licenses to, and ownership of boats by, Indians

46 U.S.C. 237

All Indians of the Tsimpsean or Haida tribe of the full or mixed blood who emigrated from British Columbia and settled at Metla

kahtla on Annette Island, in southeastern Alaska, in the year 1887 and subsequent years, as well as all descendants of such Indians, and all other Indians who have since become and remained bona fide residents of said Metlakahtla, Alaska, shall, if otherwise qualified, be entitled to receive and obtain licenses as masters, pilots, and engineers, as the case may be, of any and all steamboats and other craft, and also licenses as operators of motorboats and other craft, subject to the provisions of section 404 of this title, with the same force and effect as if they had been citizens of the United States; any such Indian may be the owner of any such motorboat or other craft, subject to the provisions of the said section, although such Indian be not a citizen of the United States, without depriving said motorboat or other craft of the benefits and privileges of a vessel of the United States.

Certificates of eligibility for licenses to Indians

46 U.S.C. 238

A certificate under the hand of any officer of the customs in Alaska, to the effect that the applicant for one of the different licenses mentioned in section 237 of this title comes within one of the provisions of said section, shall, together with the affidavit of the applicant to that effect, be sufficient evidence of the fact that said applicant is entitled to the privileges conferred upon said Indians by such section. Officers to assist in examinations; dismissal of official disclosing source of information

46 U.S.C. 234 (R.S. 4448)

All officers licensed under the provisions of sections 214, 224, 226, 228, 229 and 230 of this title shall assist the Coast Guard in its examination of any vessels to which such licensed officers belong and shall point out all defects and imperfections known to them in the hull, equipment, boilers, or machinery of such vessel, and shall also make known to the Coast Guard at the earliest opportunity all accidents or occurrences producing serious injury to the vessel, her equipments, boilers, or machinery, and in default thereof the license of any such officer so neglecting or refusing shall be suspended or revoked.

Drunkenness or neglect of duty by seamen

18 U.S.C. 2196

Whoever, being a master, officer, radio operator, seaman, apprentice or other person employed on any merchant vessel, by willful breech of duty, or by reason of drunkenness, does any act tending to the immediate loss or destruction of, or serious damage to, such vessel, or tending immediately to endanger the life or limb of any person belonging to or on board of such vessel; or, by willful breech of duty or by neglect of duty or by reason of drunkenness, refuses or omits to do any lawful act proper and requisite to be done by him for preserving such vessel from immediate loss, destruction, or serious damage, or for preserving any person belonging to or on board of

such ship from immediate danger to life or limb, shall be imprisoned not more than one year.

Carrying sheath knives

46 U.S.C. 710 (R.S. 4608)

No seaman in the merchant service shall wear any sheath knife on shipboard. It shall be the duty of the master of any vessel registered, enrolled, or licensed under the laws of the United States, and of the person entering into contract for the employment of a seaman upon any such vessel, to inform every person offering to ship himself of the provisions of this section, and to require his compliance therewith, under a penalty of $50 for each omission, to be sued for and recovered in the name of the United States, under the direction of the Commandant of the Coast Guard; one half for the benefit of the informer, and the other half for the benefit of the fund for the relief of sick and disabled seamen.

Revocation or suspension of officers' license for refusal to serve 46 U.S.C. 240 (R.S. 4449)

If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to perform his official duties after having signed articles or while employed on any vessel as authorized by the terms of his certificate of license, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such license.

Notice of time, place, and subject of investigation; record of testimony and findings; suspension or revocation of license or certificate

46 U.S.C. 239(g) (R.S. 4450)

In any investigation of acts of incompetency or misconduct or of any act in violation of the provisions of title 52 of the Revised Statutes or of any of the regulations issued thereunder, committed by any licensed officer or any holder of a certificate of service, the person whose conduct is under investigation shall be given reasonable notice of the time, place, and subject of such investigation and an opportunity to be heard in his own defense. The whole record of the testimony received by such investigation and the findings and recommendations shall be forwarded to the Commandant of the Coast Guard and if that officer shall find that such licensed officer or holder of certificate of service is incompetent or has been guilty of misbehavior, negligence, or unskillfulness, or has endangered life, or has willfully violated any of the provisions of title 52 of the Revised Statutes or any of the regulations issued thereunder, he shall, in a written order reciting said findings, suspend or revoke the license or certificate of service of such officer or holder of such certificate. The person whose license or certificate of service is suspended or revoked may within thirty days appeal from the order

to the Commandant of the Coast Guard. On such appeal the appellant shall be allowed to be represented by counsel. The Commandant of the Coast Guard may alter or modify any finding of the investigation, but the decision of the Commandant shall be based solely on the testimony received by the said investigation and shall recite the findings of fact on which it is based.

Narcotics violations; definitions

46 U.S.C. 239a

When used in section 239b of this title

(a) The term "narcotic drug" shall have the meaning ascribed to that term by section 171(a) of title 21, and also shall include marihuana as defined in section 3238 (b) of title 26, I.R.C. 1939 and section 4761 of title 26, I.R.C. 1954.

(b) The term "Secretary" means the head of the department in which the Coast Guard is operating.

(c) The term "seaman's document" means any document authorized by law or regulation to be issued to a merchant mariner by the Secretary.

Narcotics violations; denial or revocation of seaman's document 46 U.S.C. 239b

The Secretary may—

(a) deny a seaman's document to

(1) any person who, within ten years prior to the date of application therefor, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, the District of Columbia, or any State or Territory of the United States, which conviction has become final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has ever been a user of or addicted to the use of a narcotic drug; and

(b) take action, based on a hearing before a Coast Guard examiner, under hearing procedures prescribed by the Administrative Procedure Act, as amended, to revoke the seaman's document of

(1) any person who, subsequent to July 15, 1954, and within ten years prior to the institution of the action, has been convicted in a court of record of a violation of the narcotic drug laws of the United States, District of Columbia, or any State or Territory of the United States, the revocation to be subject to the conviction's becoming final; or

(2) any person who, unless he furnishes satisfactory evidence that he is cured, has been, subsequent to July 15, 1954, a user of or addicted to the use of a narcotic drug.

SUBCHAPTER 6B.-DECK OFFICERS, INCLUDING PILOTS

Licenses of captains

46 U.S.C. 226 (R.S. 4439)

Whenever any person applies to be licensed as master of any steam vessel, or of a sail vessel of over seven hundred tons, the Coast Guard shall make diligent inquiry as to his character, and shall carefully examine the applicant as well as the proofs which he presents in support of his claim, and if it is satisfied that his capacity, experience, habits of life, and character are such as warrant the belief that he can safely be intrusted with the duties and responsibilities of the station for which he makes application, it shall grant him a license authorizing him to discharge such duties on any such vessel for the term of five years; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, incapacity, inattention to his duties, or the willful violation of any provisions of title 52 of the Revised Statutes applicable to him.

Licenses of mates

46 U.S.C. 228 (R.S. 4440)

Whenever any person applies for authority to be employed as chief mate of ocean or coastwise steam vessels or of sail vessels of over seven hundred tons, or as second or third mate of ocean or coast wise steam vessels, who shall have charge of a watch, or whenever any person applies for authority to be employed as mate of river steamers, the Coast Guard shall require satisfactory evidence of the knowledge, experience, and skill of the applicant in lading cargo and in handling and stowage of freight, and if for license as chief mate on ocean or coastwise steamers, or of sail vessels of over seven hundred tons, or as second or third mate of ocean or coastwise steamers, who shall have charge of a watch, shall also examine him as to his knowledge and ability in navigation and managing such vessels and all other duties pertaining to his station, and if satisfied of his qualifications and good character it shall grant him a license authorizing him to perform such duties for the term of five years upon the waters upon which he is found qualified to act; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intemperate habits, unskillfulness, or want of knowledge of the duties of his station or the willful violation of any provision of title 52 of the Revised Statutes.

Licenses of pilots of steam vessels

46 U.S.C. 214 (R.S. 4442)

Whenever any person claiming to be a skillful pilot of steam vessels offers himself for a license, the Coast Guard shall make diligent inquiry as to his character and merits, and if satisfied from personal examination of the applicant, with the proof that he offers that he possesses the requisite knowledge and skill, and is trustworthy and faithful, it shall grant him a license for the term of five years to pilot any such vessel within the limits prescribed in the license; but such license shall be suspended or revoked upon satisfactory evidence of