[Code of Federal Regulations]
[Title 33, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR141.5]

[Page 140]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
   CHAPTER I--COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED)
 
PART 141--PERSONNEL--Table of Contents
 
                  Subpart A--Restrictions on Employment
 
Sec. 141.5  Applicability.

    (a) This subpart applies to employment of personnel on units engaged 
in OCS activities, except as provided in paragraph (b) of this section.
    (b) This subpart does not apply to employment of personnel on any:
    (1) Vessel subject to the citizenship requirements of 46 U.S.C. 8103 
for pilots, licensed officers, and unlicensed crew when the vessel is 
transiting to or from an OCS facility or a United States port;
    (2) Vessel subject to the citizenship requirements of 46 U.S.C. 7102 
and 8103 for officers and crew on federally subsidized or documented 
vessels; or
    (3) Unit over 50 percent of which is owned by one or more citizens 
of a foreign nation or with respect to which one or more citizens of a 
foreign nation have the right effectively to control, except to the 
extent and to the degree that the President determines that the 
government of such foreign nation or any of its political subdivisions 
has implemented, by statute, regulation, policy, or practice, a national 
manning requirement for equipment engaged in the exploration, 
development, or production of oil or gas in its offshore areas.
    (c) The Commandant may, upon request or upon that person's own 
initiative, determine whether over 50 percent of a particular unit is 
owned by citizens of a foreign nation or whether citizens of a foreign 
nation have the right effectively to control the unit.
    (d) In determining whether ownership or a right effectively to 
control exists, the Commandant may consider operational control of a 
unit, management responsibility, title, lease and charter arrangements, 
and financial interests.
    (e) The owner or operator of any unit affected is notified of the 
Commandant's determination.

(Information collection requirements contained in paragraph (c) were 
approved by the Office of Management and Budget under OMB control number 
2130-0182)

[CGD 78-160, 47 FR 9379, Mar. 4, 1982, as amended by CGD 97-023, 62 FR 
33363, June 19, 1997]