Title 46ShippingRelease 119-73

§12111 Registry endorsement

Title 46 › Subtitle Subtitle II— - Vessels and Seamen › Part Part H— - Identification of Vessels › Chapter CHAPTER 121— - DOCUMENTATION OF VESSELS › Subchapter SUBCHAPTER II— - ENDORSEMENTS AND SPECIAL DOCUMENTATION › § 12111

Last updated Apr 6, 2026|Official source

Summary

A registry endorsement may be given to a vessel that meets the rules in section 12103. A vessel with that endorsement may do foreign trade and trade with Guam, American Samoa, Wake, Midway, and Kingman Reef. If the vessel is documented with only a registry endorsement and is chartered to a U.S. citizen, the people who benefit from a trust do not have to be U.S. citizens if the trust follows special rules. Those rules say each trustee must be a U.S. citizen and must provide a signed statement saying they know of no beneficiary or other person who would hold more than 25 percent of the power to influence or limit the trustee in ways that could harm U.S. interests. If a non‑U.S. person can direct or remove a trustee about such matters, the trust must limit non‑U.S. persons to at most 25 percent of that power. Non‑U.S. persons can still hold more than 25 percent of the beneficial interest. If the charterer of a qualifying trust is a U.S. citizen under section 50501, the vessel is treated as U.S. owned for that section and related laws, except chapter 531. Only a vessel with a registry endorsement may set, move, or recover anchors or mooring gear for a mobile offshore drilling unit over the Outer Continental Shelf, or transport goods or people to or from such a unit that is not attached to the seabed. That permission does not let a vessel that fails section 12112 work in the coastwise trade.

Full Legal Text

Title 46, §12111

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(a)A registry endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title.
(b)A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.
(c)(1)For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.
(2)(A)Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—
(i)each trustee is a citizen of the United States; and
(ii)the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.
(B)If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.
(C)Subparagraphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.
(3)If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under section 50501 of this title, the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, except chapter 531 of this title.
(d)(1)Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in—
(A)the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or
(B)the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed.
(2)Nothing in paragraph (1) authorizes the employment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12111(a)46:12105(a). 12111(b)46:12105(b). 12111(c)46:12102(d).

Editorial Notes

Prior Provisions

A prior section 12111, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104–324, title III, § 301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 107–295, title II, § 205(c), Nov. 25, 2002, 116 Stat. 2096, originally derived from section 65o of former Title 46, Shipping, related to surrender and invalidation of certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12135 and 12136 of this title.

Amendments

2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 310. See 2006 Amendment note below. Subsec. (d). Pub. L. 110–181, § 3525(a)(1), incorporated the substance of the amendment by Pub. L. 109–241, § 310, into this section by adding subsec. (d). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and

Construction

note preceding section 101 of this title. 2006—Pub. L. 109–241, § 310, which directed the amendment of former section 12105 of this title from which this section was derived in part, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (d) and

Historical and Revision Notes

above.

Reference

Citations & Metadata

Citation

46 U.S.C. § 12111

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73