Foreign Prohibitions on Longshore Work by U.S. Nationals

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of State 22 CFR Part 89 [Public Notice 4556] RIN 1400-AA34 AGENCY: Department of State. ACTION: Final rule. SUMMARY: In accordance with the Immigration and Nationality Act of 1952, as amended, the Department of State is updating the list of countries in which performance of one or more specified activities of longshore work by crewmembers aboard United States vessels is prohibited by law, regulation, or in practice in the country. EFFECTIVE DATE: This rule is effective January 14, 2004. FOR FURTHER INFORMATION CONTACT: Stephen M. Miller, Office of Transportation Policy (EB/TRA/OTP/MA), Room 5828, Department of State, Washington DC 20851-5816, who may be reached at (202) 647-9992. SUPPLEMENTARY INFORMATION: Section 258 of the Immigration and Nationality Act of 1952 (the “Act”), 8 U.S.C. 1288 , as added by the Immigration Act of 1990, Pub. L. No. 101-649, and subsequently amended, has the effect that alien crewmen may not perform longshore work in the United States. Longshore work is defined to include “any activity relating to the loading or unloading of cargo, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when the vessel is made fast or let go, in the United States or the coastal waters thereof.” The Act goes on, however, to define a number of exceptions to the general prohibition on such work. Among certain other exceptions, section 258(e), entitled the &ldquo…