---
kind: "section"
citation: "46 U.S.C. § 10314"
title: "46"
title_heading: "Shipping"
number: "10314"
heading: "Advances"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/10314"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part G — Merchant Seamen Protection and Relief"
  - "Chapter 103 — Foreign and Intercoastal Voyages"
---

# §10314. Advances

- (a)
  - (1) A [person](/usc/46/3701.md?p=3) may not—
    - (A) pay a [seaman](/usc/46/10101.md?p=3) wages in advance of the time when the [seaman](/usc/46/10101.md?p=3) has earned the wages;
    - (B) pay advance wages of the [seaman](/usc/46/10101.md?p=3) to another [person](/usc/46/3701.md?p=3); or
    - (C) make to another [person](/usc/46/3701.md?p=3) an order, note, or other evidence of indebtedness of the wages, or pay another [person](/usc/46/3701.md?p=3), for the engagement of seamen when payment is deducted or to be deducted from the [seaman](/usc/46/10101.md?p=3)’s wage.
  - (2) A [person](/usc/46/3701.md?p=3) violating this subsection is liable to the United States Government for a civil penalty of not more than $500. A payment made in violation of this subsection does not relieve the vessel or the [master](/usc/46/10101.md?p=1) from the duty to pay all wages after they have been earned.
- (b) A [person](/usc/46/3701.md?p=3) demanding or receiving from a [seaman](/usc/46/10101.md?p=3) or an individual seeking employment as a [seaman](/usc/46/10101.md?p=3), remuneration for providing the [seaman](/usc/46/10101.md?p=3) or individual with employment, is liable to the Government for a civil penalty of not more than $500.
- (c) This section applies to a foreign vessel when in waters of the United States. An [owner](/usc/46/10101.md?p=2), charterer, managing operator, agent, or [master](/usc/46/10101.md?p=1) of a foreign vessel violating this section is liable to the Government for the same penalty as an [owner](/usc/46/10101.md?p=2), charterer, managing operator, agent, or [master](/usc/46/10101.md?p=1) of a vessel of the United States for the same violation.
- (d) The [owner](/usc/46/10101.md?p=2), charterer, managing operator, agent, or [master](/usc/46/10101.md?p=1) of a vessel seeking clearance from a port of the United States shall present the agreement required by [section 10302 of this title](/usc/46/10302.md) at the office of clearance. Clearance may be granted to a vessel only if this section has been complied with.
- (e) This section does not apply to a fishing or whaling vessel or a [yacht](/usc/46/12101.md?p=b-3).

## Source credit

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 567; Pub. L. 99–640, § 10(b)(4), Nov. 10, 1986, 100 Stat. 3550.)

## Notes

| Historical and Revision Notes |  |
| --- | --- |
| Revised section | Source section (U.S. Code) |
| 10314 | 46:599 |

Section 10314 forbids advance payment of wages to seamen prior to the commencement of the seaman’s employment. It provides a civil penalty of $500 for any person making such a payment, and for any person demanding or receiving remuneration for providing a seaman with employment. This means that the use of employment agencies for hiring seamen is prohibited. It also requires compliance with section 10302 regarding the signing of articles of agreement before a vessel can be cleared from a United States port. This section applies to foreign vessels in United States waters but not to fishing vessels, whaling vessels or yachts.

### Editorial Notes

### Amendments

1986—Subsec. (e). Pub. L. 99–640 struck out last sentence which read as follows: “However, this section applies to a vessel taking oysters.”