US Bodily Injury News November 2011
Crewmember Checklist See page opposite for guidance on the use of this checklist.
Vessel: Date: Port:
1. Representatives from the United States Coast Guard or some other law enforcement agency may attempt to question or interview you about an investigation they are conducting on board your vessel.
2. If approached, you have the right to request proper identification of anyone who comes aboard the ship or wishes to ask questions or conduct an interview. You should record the name of the person who approaches you.
3. It is important for you to understand that if you have any concerns about the questions you are being asked by the United States Coast Guard or some other law enforcement agency or the interview process you have the right under the laws of the United States and perhaps under the Flag State to remain silent and request a lawyer.
Such a lawyer will be appointed either by the company or the government as per your choice. It is your decision to request the assistance of a lawyer.
4. Such a lawyer will protect your individual rights and give you guidance on whether to answer questions or be interviewed by the United States Coast Guard or some other law enforcement agency. You also have the right to have your lawyer present during any questioning or interview process.
5. If you agree to answer questions or participate in the interview process, the following is important to remember:
(i) It is a serious and separate crime to lie to the United States Coast Guard or other law enforcement officer. Accordingly, make sure that if you do say something, it is the truth,
(ii) Answer directly and honestly. Do not guess about things you do not know, and
(iii) If English is not your first language, you have the right to request a translator before you answer any questions or are interviewed. Remember, if you decide to answer questions, you must tell the truth.
6. Do not coach or tell other crewmembers what to say. If you or other crewmembers have any questions about how to respond to questions you should direct them to the company.
7. During an investigation, the United States Coast Guard or other law enforcement officers may remove documents or other things from the vessel. If this happens, be sure to request an inventory of what is taken. You should never use force or physically prevent law enforcement from taking or searching.
8. Under no circumstances should you tamper with, hide or destroy any documents or evidence aboard the vessel.
9. Normally, in order to remove any personal belongings a search warrant is needed.
You have the right to consult with counsel if the United States Coast Guard or any other law enforcement agency attempts to remove your personal belongings.
10. It is the strict policy of both the vessel owner and manager that if you decide to speak with the United States Coast Guard or some other law enforcement agency, you must tell the truth at all times. If you fail to tell the truth:
(i) you will be deemed to be acting without authority and outside the bounds of your employment contract, (ii) it will be deemed that such untruth is intended to benefit only you and not the company, and (iii) your employment with the company will be immediately terminated.
Do you have any questions?
I sign my name below in agreement that I fully understand the above paragraphs numbered 1-10, which have been read and explained to me and, if necessary, translated.
Crewmember: Attorney: Witness: Date:
| Page 2
| Page 3
| Page 4
| Page 5
| Page 6
| Page 7
| Page 8
| Page 9
| Page 10
| Page 11
| Page 12
| Page 13
| Page 14
| Page 15
| Page 16