811.111 Vessels/5123
Memorandum by the Assistant Chief of the Visa Division (Coulter)
Mr. Leonhard C. P. Offerdahl, First Secretary of the Norwegian Legation, called at the Department on several occasions to express anxiety regarding the regulations of the Department of Labor which are understood to have the effect of not permitting foreign seamen to come to the United States as passengers or transients for the purpose of joining Norwegian vessels. Mr. Offerdahl has called at the Department of Labor to see Mr. Shaughnessy3 on this subject.
Mr. Coulter informed Mr. Offerdahl that the Department has been advised by the Department of Labor that the regulations in question are receiving further consideration by the Solicitors of that Department and that an opinion is expected to be reached within the next ten days. (Mr. Wyzanski4 told Mr. Coulter at a recent conference on another subject that a decision has been delayed until Mr. Reitzel,5 who rendered the previous opinion on the subject, returns to the Department after his present illness and can again go into the matter carefully. Mr. Wyzanski stated that he was inclined to agree with Mr. Reitzel’s former opinion on many points but that he wishes to have the matter gone into very carefully. Mr. Coulter mentioned the fact that inquiries and protests had been received from a number of foreign countries against the regulations which would have the effect of preventing their nationals from coming to the United States to join their ships, especially since under the laws of many foreign countries, the officers and a proportion of the crew must be nationals of the countries. Mr. Coulter also mentioned the fact that such regulations might lead to retaliatory measures by foreign countries which would prevent American ships, which are required to have American officers and a certain proportion of American crews, in meeting the requirements of the law by sending replacements to join the vessel in a foreign port. Mr. Wyzanski said that he thought that there would be no difficulty in straightening the matter out or meeting the necessities of the situation).
Mr. Coulter informed Mr. Offerdahl that consular officers had been advised regarding the ruling of the Department of Labor since it would [Page 750] be highly undesirable for a Consul to issue visas to seamen who would be excluded upon arrival.
Mr. Coulter stated, however, that pending the final conclusion of the matter arrangements have been made with the Department of Labor whereby the Department of State will, in individual cases, authorize American Consuls to issue appropriate visas to permit the foreign seamen to come to this country. Two instances of this kind have already come up in which particulars have been furnished the Department regarding Norwegian seamen. The Department authorized the Consul General at Oslo to issue visas or transit certificates in these cases.
Mr. Offerdahl requested Mr. Coulter to advise him when a final decision is reached by the Department of Labor in order that the situation may then be considered in the light of the proposed regulations.