State Department

Problems in Compiling List of Countries Restricting Longshore Activities Gao ID: NSIAD-94-97 February 3, 1994

Historically, U.S. immigration law has allowed the crewmembers of foreign-owned and -registered ships to work aboard their vessels while in U.S. ports or coastal waters. Since 1980, however, legislative changes have prohibited these alien crewmembers from performing longshore work either aboard their vessels or dockside. The law provides for reciprocity between the United States and foreign countries that do not restrict crewmembers aboard U.S. ships from doing longshore work in their ports. In order to implement the reciprocity exemption, the State Department is required to compile and maintain an annual list of countries that prohibit crewmembers aboard U.S. ships from doing specific types of longshore work. This report reviews the State Department's criteria and methodology for compiling the list.

GAO found that: (1) in December 1992, State published a list of 63 countries that restrict longshore work by crewmembers aboard U.S. vessels; (2) although State's criteria for placing countries on the list depend upon the host government's restrictions on longshore work, it does not place countries on the list if they have not enforced their restrictions on longshore activities; (3) although State's narrow interpretation of the legislation is legally supportable, its position on nonenforcement and ship calls is not supported by the legislation; (4) State collects its information on the host countries' laws, regulations, and practices affecting longshore work through its overseas posts; (5) some of State's decisions on individual countries appear arbitrary because the information it collects does not enable it to fairly apply its criteria for placing countries on the list, have a uniform reporting format, and identify the frequency of port calls by U.S. vessels; and (6) State officials have acknowledged that there are difficulties in obtaining the necessary data for determining which countries should be included on the list.

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