Mandatory Credential Denials Create New Compliance Challenges For Maritime Employers

Recently enacted federal legislation geared toward making employment at sea safer has resulted in many mariners being denied credentials and/or renewals of their credentials through the National Maritime Center. 46 USC 7511, enacted in 2022, bans the issuance of any merchant marine credentials (MMC) to anyone who has been convicted under the federal sexual abuse statutes (18 USC Ch 109A) or under state statutes deemed substantially similar. Thus, by federal law as interpreted by the federal court, the US Coast Guard is prohibited from issuing new credentials or renewing existing credentials for any mariner with a sex abuse conviction. Maritime companies should be aware that even long-term and reliable employees stand to lose their credentials under this legislative change.