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HQ 113260


November 1, 1994

VES-3-CO:R:IT:C 113260 GOB

CATEGORY: CARRIER

David H. Staples
Vice President
West Indies Transport, Inc.
P.O. Box 2458
Charlotte Amalie, St. Thomas
U.S. Virgin Islands 00803

RE: 46 U.S.C. App. 883, 316(a); Cuba; Coastwise transportation of merchandise; towing

Dear Mr. Staples:

This is in response to your letter dated October 27, 1994.

FACTS:

You state that you have been asked to arrange for the transport of aggregate from Puerto Rico to Guantanamo Naval Base in Cuba. Your letter indicates that such transportation may be accomplished by the towing of a U.S.-flag barge by a foreign-flag tug.

ISSUE:

Whether there are any prohibitions of the coastwise laws with respect to the proposed transportation of merchandise from Puerto Rico to Guantanamo Naval Base in Cuba.

LAW AND ANALYSIS:

Generally, the coastwise laws prohibit the transportation of passengers or merchandise between points in the United States embraced within the coastwise laws in any vessel other than a vessel built in, documented under the laws of, and owned by citizens of the United States.

46 U.S.C. App. 883, the coastwise merchandise statute often called the "Jones Act", provides in part that no merchandise shall be transported between points in the United States embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any vessel other than a vessel built in, documented under the laws of, and owned by citizens of the United States.

The coastwise laws generally apply to points in the territorial sea, which is defined as the belt, three nautical miles wide, seaward of the territorial sea baseline, and to points located in internal waters, landward of the territorial sea baseline.

46 U.S.C. App. 316(a) prohibits the use of a non-coastwise- qualified vessel to tow any vessel, other than a vessel in distress, between ports or places in the United States embraced within the coastwise laws, either directly or by way of a foreign port, or to do any part of such towing, or to tow any such vessel between points in a harbor of the United States.

Pursuant to 46 U.S.C. App. 877, the coastwise laws apply to Puerto Rico.

However, the coastwise laws do not apply to Cuba. Therefore, Guantanamo Naval Base in Cuba is not a coastwise point.

Accordingly, the transportation of merchandise by a non- coastwise-qualified vessel between Puerto Rico and Guantanamo Naval Base is not prohibited by 46 U.S.C. App. 883. Further, because 46 U.S.C. App. 316(a), the coastwise towing statute, is not applicable, a foreign-flag vessel may tow another vessel from Puerto Rico to Guantanamo Naval Base.

HOLDING:

The transportation of merchandise by a non-coastwise- qualified vessel between Puerto Rico and Guantanamo Naval Base in Cuba is not prohibited by 46 U.S.C. App. 883. Because 46 U.S.C. App. 316(a), the coastwise towing statute, is not applicable, a foreign-flag vessel may tow another vessel from Puerto Rico to Guantanamo Naval Base.

Sincerely,

Arthur P. Schifflin
Chief

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