150 LAWS GOVERNING MARINE INSPECTION 



subsection 2 of this section: Provided^ That a license as master, 

 mate, chief engineer, or assistant engineer of vessels subject to this 

 section may be issued without examination at any time prior to 

 October 29, 1941, to any applicant who has had sufficient practical 

 experience in the position for which he applies to be licensed and 

 has no record of ajiy serious technical error against him: Provided 

 further. That no person to whom a license as master, mate, chief 

 engineer, or assistant engineer is issued without examination maj 

 serve under authority of that license as master, mate, chief engi- 

 neer, or assistant engineer on any vessel subject to the inspection 

 laws of the United States. 



(5) It shall be unlawful to engage or employ any person or for 

 any person to serve as a master, mate, or engineer on any such vessel 

 who is not licensed by the Coast Guard inspectors; and anyone vio- 

 lating this section shall be liable to a penalty of $100 for each oflfense. 



(6) If any collector of customs has reason to believe, on complaint 

 or otherwise, that a vessel subject to this section and to the regulations 

 established thereunder is about to proceed to the high seas from a port 

 in the United States or any Territory over which the United States 

 excercises jurisdiction, except the Panama Canal Zone, in violation 

 of any provision of this section or of any provision of the Officers' 

 Competency Certificates Convention, 1936, he may, by written order 

 served on the master or officer in charge of such vessel, detain her until 

 such time as this section shall have been complied with. Clearance 

 shall be refused to any vessel which shall have been ordered detained. 

 If the vessel be ordered detained the master may, within five days, 

 appeal to the Commandant of the Coast Guard, who may, after 

 investigation, affirm, set aside, or modify the order of the collector. 



(7) Foreign vessels to which the Officers' Competency Certificate 

 Convention, 1936, applies shall be subject to such inspection, within 

 the jurisdiction of the United States, except the Panama Canal Zone, 

 as may be necessary to determine that there has been a compliance 

 with terms of the convention, and in case of any breach of the pro- 

 visions of the convention by such vessel the collector of customs may, 

 by written order served on the master or officer in charge of such vessel, 

 detain her and refuse clearance to her until such time as the convention 

 shall have been complied with; the collector shall also immediately 

 notify the consul of the country in which the vessel is registered. If 

 the vessel be ordered detained the master may, within five days, appeal 

 to the Commandant of the Coast Guard, who may, after investigation, 

 affirm, set aside, or modify the order of the collector. 



(8) No provision of the Officers' Competency Certificates Conven- 

 tion, 1936, or of this section, shall apply to any vessel of the United 

 States of less than two hundred gross tons, nor shall any provision of 

 that convention or this section be deemed to alter, amend, or repeal any 

 statute of the United States in effect on the effective date of this section 

 with regard to any such vessel. 



(9) The Commandant of the Coast Guard shall establish such 

 regulations as may be necessary to secure the enforcement of the 

 provisions of this section by any officer of the United States authorized 

 to enforce the navigation or inspection laws of the United States. 



