Us Code § 30105 - Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries

Full text of Us Code United States Code § 30105 — Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries, with citation guidance and answers to common questions.

§ 30105. Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries

(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 Notes

References 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.

About This Section

46 U.S.C. § 30105 is part of Title 46 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

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Sources

Source: official Us Code text · Last verified 2026-08-27

Frequently Asked Questions About Us Code § 30105

What does United States Code § 30105 cover?

Section 30105 ("Restriction on recovery by non-citizens and non-resident aliens for incidents in waters of other countries") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Us Code § 30105?

A common citation format is "United States Code § 30105" (Us Code). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Us Code law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Us Code official source linked on this page or consult a licensed Us Code attorney.

How does Us Code § 30105 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Us Code can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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