Sec. 3510. Recourse for non-U.S. seamen
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Section 57103 of title 46, United States Code, is amended by adding at the end the following: Notwithstanding section 30104, a claim for damages or expenses relating to personal injury, illness, or death of a seaman who is a citizen of a foreign nation, arising during or from the engagement of the seaman by or for a passenger vessel duly registered under the laws of a foreign nation or a vessel identified as obsolete under subsection
(a)or acquired under chapter 563, may not be brought under the laws of the United States if— such seaman was not a legal permanent resident of the United States at the time the claim arose; the injury, illness, or death arose outside the territorial waters of the United States; and the seaman or the seaman’s personal representative has or had a right to seek compensation for the injury, illness, or death in, or under the laws of— the nation in which the vessel was registered at the time the claim arose; or the nation in which the seaman maintained citizenship or residency at the time the claim arose. As used in paragraph (1), the term compensation means— a statutory workers’ compensation remedy that complies with Standard A4.2 of Regulation 4.2 of the Maritime Labour Convention, 2006; or in the absence of the remedy described in paragraph (1), a legal remedy that complies with Standard A4.2 of Regulation 4.2 of the Maritime Labour Convention, 2006, that permits recovery for lost wages, pain and suffering, and future medical expenses. .