U.S. Maritime Citizenship Laws Again At Issue

The United States restricts its domestic maritime trade, including its fisheries, to defined "United States citizens." Although maritime citizenship law is rigorous, it permits certain foreign investment provided vessels remain under U.S. citizen control. The dividing line between permitted foreign investment and U.S. citizen control is a matter of interpretation. A recently unsealed complaint in the U.S. District Court for the Southern District of New York captioned United States of America, ex. rel., W. Benson Chiles and Chris Manley v. Cooke, Inc. illustrates the ambiguity.

Both the U.S. Coast Guard and the U.S. Maritime Administration have authority over U.S. maritime citizenship qualifications. The Coast Guard's authority derives from its administration of the registration of U.S.-flag vessels and therefore the qualification of such vessels. MARAD oversees in general transfers of vessel ownership to foreign persons of U.S.-flag vessels.