Title 46ShippingRelease 119-73

§60505 Retaliatory suspension of commercial privileges

Title 46 › Subtitle Subtitle VI— - Clearance, Tonnage Taxes, and Duties › Chapter CHAPTER 605— - DISCRIMINATING DUTIES AND RECIPROCAL PRIVILEGES › § 60505

Last updated Apr 6, 2026|Official source

Summary

The President can stop certain business rights for ships from another country in U.S. ports when two things are true: that country’s ships already get the same rights here as U.S. ships (except the right to operate only between U.S. ports), and that country denies those same rights to U.S. ships in its ports or waters. The President picks the date the suspension starts. If a ship’s master, officer, or agent breaks the suspension in U.S. ports or waters, the ship and its cargo can be seized and forfeited to the U.S. government. A person who resists an official enforcing the suspension can be fined under Title 18, jailed for up to 2 years, or both.

Full Legal Text

Title 46, §60505

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(a)The President may proclaim a suspension of commercial privileges to vessels of a foreign country when—
(1)vessels of that country have been given the same commercial privileges in the ports and waters of the United States given to vessels of the United States (except the privilege of engaging in coastwise commerce); and
(2)vessels of the United States are denied commercial privileges in the ports or waters of that country given to vessels of that country.
(b)A suspension under this section shall apply to the same commercial privileges denied to vessels of the United States in the ports or waters of the foreign country, and to the same class of vessels of that country as the class of vessels of the United States denied the privileges.
(c)The President shall designate the effective date of the suspension in the proclamation.
(d)(1)If the master, officer, or agent of a vessel of a foreign country does an act for the vessel in the ports or waters of the United States in violation of a proclamation issued under this section, the vessel and the goods on the vessel may be seized by, and forfeited to, the United States Government.
(2)A person opposing an official of the Government enforcing this section shall be fined under title 18, imprisoned for not more than 2 years, or both.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6050546 App.:142.June 19, 1886, ch. 421, § 17, 24 Stat. 82. In this section, the words “vessels of the United States” are used instead of both “vessels of the United States” and “American vessels” for consistency in the section. The words “vessels of a foreign country” and “vessels of that country” are substituted for “foreign country whose vessels”, “national vessels”, “vessels of such foreign country”, and similar references, for consistency. The words “ports and waters” and “ports or waters” are substituted for “ports”, “harbors, ports, or waters”, and “ports, harbors, or waters” for consistency. In subsection (a), before paragraph (1), the words “on receiving satisfactory information of the continuance of such discriminations against any vessels of the United States” are omitted as unnecessary. In paragraph (1), the words “given the same commercial privileges” are substituted for “placed on the same footing” for clarity and for consistency in the section. Subsection (b) is substituted for “excluding . . . from the exercise of such commercial privileges in the ports of the United States as are denied to American vessels in the ports of such foreign country, all vessels of such foreign country of a similar character to the vessels of the United States thus discriminated against” for clarity and to eliminate unnecessary words. Subsection (c) is substituted for “on and after such time as he may indicate” for clarity. Subsection (d)(1) is substituted for “and on and after the date named in such proclamation for it to take effect, if the master, officer, or agent of any vessel of such foreign country excluded by said proclamation from the exercise of any commercial privileges shall do any act prohibited by said proclamation in the ports, harbors, or waters of the United States for or on account of such vessel, such vessel, and its rigging, tackle, furniture, and boats, and all the goods on board, shall be liable to seizure and to forfeiture to the United States” for consistency in the revised title and to eliminate unnecessary words. Subsection (d)(2) is substituted for “any person opposing any officer of the United States in the

Enforcement

of this section, or aiding and abetting any other person in such opposition, shall forfeit $800, and shall be guilty of a misdemeanor, and, upon conviction, shall be liable to imprisonment for a term not exceeding two years” because of chapter 227 of title 18.

Reference

Citations & Metadata

Citation

46 U.S.C. § 60505

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73