46 U.S.C. § 30105

Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries

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(a)Definition.—In this section, the term “continental shelf” has the meaning given that term in article I of the 1958 Convention on the Continental Shelf.(b)Restriction.—Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal injury or death may not be brought under a maritime law of the United States if—(1) the individual suffering the injury or death was not a citizen or permanent resident alien of the United States at the time of the incident giving rise to the action;(2) the incident occurred in the territorial waters or waters overlaying the continental shelf of a country other than the United States; and(3) the individual suffering the injury or death was employed at the time of the incident by a person engaged in the exploration, development, or production of offshore mineral or energy resources, including drilling, mapping, surveying, diving, pipelaying, maintaining, repairing, constructing, or transporting supplies, equipment, or personnel, but not including transporting those resources by a vessel constructed or adapted primarily to carry oil in bulk in the cargo spaces.(c)Nonapplication.—Subsection (b) does not apply if the individual bringing the action establishes that a remedy is not available under the laws of—(1) the country asserting jurisdiction over the area in which the incident occurred; or(2) the country in which the individual suffering the injury or death maintained citizenship or residency at the time of the incident.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1510.)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
30105(a)	46 App.:688(b)(1) (last sentence).	Mar. 4, 1915, ch. 153, § 20(b), as added Pub. L. 97–389, title V, § 503(a)(2), Dec. 29, 1982, 96 Stat. 1955.
30105(b)	46 App.:688(b)(1) (less last sentence).
30105(c)	46 App.:688(b)(2).

In subsection (b), before paragraph (1), the words “civil action” are substituted for “action” for consistency with rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.). The words “under subsection (a) of this section or under any other” are omitted as unnecessary. In paragraph (2), the words “its territories, or possessions” are omitted as unnecessary because of the definition of “United States” in chapter 1 of the revised title. In paragraph (3), the word “person” is substituted for “enterprise” for consistency in the revised title.

Editorial NotesReferences in Text

The 1958 Convention on the Continental Shelf, referred to in subsec. (a), was done at Geneva, April 29, 1958, and entered into force for the United States, June 10, 1964. See 15 UST 471; TIAS 5578.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 2009–2023 · leading case: Atl. Sounding Co. v. Townsend, 557 U.S. 404 (2009).

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Atl. Sounding Co. v. Townsend, 557 U.S. 404 (2009). · cites it 4× “1955 , codified at 46 U. S. C. §30105 (b), and sailing school students and in structors, §204, 96 Stat.”

James Johnson v. PPI Tech. Servs., L.P., et, 613 F. App'x 309 (5th Cir. 2015). · cites it 7× “46 U.S.C. § 30105 (b) provides: Except as provided in subsection (c), a civil action for maintenance and cure or for damages for personal ∗ District Judge of the Southern District of Texas, sitting by designation.”

in Re Arnold & Itkin, L.L.P., Beck Redden, L.L.P., Albritton Law Firm, Kurt Arnold, Cory Itkin, Jason Itkin, Russell Post, Fields Alexander, Jas Brar & Eric Albritton, 501 S.W.3d 214 (Tex. App. 2016). · cites it 3× “46 U.S.C.A. § 30105 (b). However, this prohibition does not apply if "the individual bringing the action establishes that a remedy is not available under the laws of (1) the country asserting jurisdiction over the area in which the incident occurred or (2) the country in which…”

Andre Nazareth v. McDermott Int'l, Inc. & McDermott Int'l Vessels, Inc., 569 S.W.3d 205 (Tex. App. 2018). · cites it 4× “46 U.S.C. § 30105 (c). Although Nazareth presented evidence that Qatari and Indian courts would not exercise jurisdiction over his case, he presented no evidence that he cannot pursue a Qatar or India law claim in Texas state court, and he even asserted an India law claim in his…”

Diamond Offshore Drilling, Inc. & Diamond Rig Investments LTD v. William Black (Tex. App. 2022). · cites it 4× “See 46 U.S.C.A. § 30105 (b); see also Nazareth, 569 S.”

Arnold & Itkin, L.L.P., Beck Redden LLP, Albritton Law Firm, Kurt Arnold, Cory Itkin, Jason Itkin, Russell Post, Fields Alexander, Jas Brar & Eric Albritton v. Maria Santos Lopez Dominguez, Individually & as Next Friend of Karen Marien Andrade Lopez (Tex. App. 2016). · cites it 3× “46 U.S.C.A. § 30105 (b). However, this prohibition does not apply if “the individual bringing the action establishes that a remedy is not available under the laws of (l) the country asserting jurisdiction over the area in which the incident occurred or (2) the country in which…”

Matthews v. Tidewater Crewing, Ltd (E.D. La. 2023). “should be dismissed on forum non conveniens grounds pursuant to the forum- selection clause in Plaintiff’s employment contract, that Plaintiff is statutorily barred from pursuing his claims under 46 U.S.C. § 30105 , and that Plaintiff is not a Jones Act seaman.”

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