2016 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 301 - General Liability Provisions
Sec. 30105 - Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries

Download PDF
Citation 46 U.S.C. § 30105 (2016)
Section Name §30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
Section Text

(a) Definition.—In this section, the term "continental shelf" has the meaning given that term in article I of the 1958 Convention on the Continental Shelf.

(b) Restriction.—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—

(1) 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;

(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and

(3) 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.


(c) Nonapplication.—Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—

(1) the country asserting jurisdiction over the area in which the incident occurred; or

(2) 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.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30105(a) 46 App.:688(b)(1) (last sentence). Mar. 4, 1915, ch. 153, §20(b), as added Pub. L. 97–389, title V, §503(a)(2), Dec. 29, 1982, 96 Stat. 1955.
30105(b) 46 App.:688(b)(1) (less last sentence).
30105(c) 46 App.:688(b)(2).

In subsection (b), before paragraph (1), the words "civil action" are substituted for "action" for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words "under subsection (a) of this section or under any other" are omitted as unnecessary. In paragraph (2), the words "its territories, or possessions" are omitted as unnecessary because of the definition of "United States" in chapter 1 of the revised title. In paragraph (3), the word "person" is substituted for "enterprise" for consistency in the revised title.

REFERENCES IN TEXT

The 1958 Convention on the Continental Shelf, referred to in subsec. (a), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle III - Maritime Liability
CHAPTER 301 - GENERAL LIABILITY PROVISIONS
Sec. 30105 - Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries
Contains section 30105
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 96 Stat. 1955
120 Stat. 1510
Public Law References Public Law 97-389, Public Law 109-304
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.