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§56105 Forfeiture procedure

Title 46 › Subtitle Subtitle V— - Merchant Marine › Part Part E— - Control of Merchant Marine Capabilities › Chapter CHAPTER 561— - RESTRICTIONS ON TRANSFERS › § 56105

Last updated Apr 6, 2026|Official source

Summary

Forfeitures under this law are handled the same way the government collects duties. The government can also cancel a forfeiture without ever taking the vessel. If someone was already convicted criminally for the same matter, that prior conviction counts as initial proof that the person broke the law in the forfeiture case.

Full Legal Text

Title 46, §56105

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(a)A forfeiture under this chapter may be enforced in the same way as a forfeiture under the laws on the collection of duties. However, such a forfeiture may be remitted without seizure of the vessel.
(b)In a proceeding under this chapter to enforce a forfeiture, a prior criminal conviction of a person for a violation of this chapter with respect to the subject matter of the forfeiture is prima facie evidence of the violation against the person convicted.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 56105(a)46 App.:836.Sept. 7, 1916, ch. 451, § 38, as added July 15, 1918, ch. 152, § 4, 40 Stat. 902; Pub. L. 101–225, title III, § 304(b), Dec. 12, 1989, 103 Stat. 1924. 56105(b)46 App.:837.Sept. 7, 1916, ch. 451, § 39, as added July 15, 1918, ch. 152, § 4, 40 Stat. 902.

Reference

Citations & Metadata

Citation

46 U.S.C. § 56105

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Last Updated

Apr 6, 2026

Release point: 119-73