46 U.S.C. § 30105 — Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 248 words · no verdicts yet
This law limits lawsuits by foreign offshore workers hurt in another country's waters. If hurt during offshore mineral or energy work there, they usually can't sue under U.S. maritime law. The limit doesn't apply if no other country offers a legal remedy.
(a) Definition. In this section, "continental shelf" has the meaning given in article I of the 1958 Convention on the Continental Shelf.
(b) Restriction. Except as subsection (c) allows, a person can't bring a civil lawsuit under U.S. maritime law for maintenance and cure, or for damages from personal injury or death, if all three of these are true: the injured or killed person wasn't a U.S. citizen or permanent resident when the incident happened; the incident happened in another country's territorial waters or over that country's continental shelf; and at the time, the person was working for someone exploring, developing, or producing offshore mineral or energy resources — including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel for that work — but not someone whose only job was carrying that oil in bulk aboard a tanker built or adapted for that purpose.
(c) Nonapplication. The restriction in subsection (b) doesn't apply if the person bringing the lawsuit proves that no legal remedy is available under the laws of the country that has jurisdiction over where the incident happened, or the country where the injured or killed person was a citizen or resident at the time.
In this section, the term “continental shelf” has the meaning given that term in article I of the 1958 Convention on the Continental Shelf.
Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if—
the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action;
the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and
the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel* constructed or adapted primarily to carry oil in bulk in the cargo spaces.
Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—
the country asserting jurisdiction over the area in which the incident occurred; or
the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1510
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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