§12103 — Title 46 Shipping | U.S. Code

Summary

A vessel can get a U.S. certificate of documentation only if it is wholly owned by eligible owners, is at least 5 net tons measured under part J, and is not documented under a foreign country's laws. Eligible owners include: a U.S. citizen; an association, trust, joint venture, or similar entity if every member is a U.S. citizen and the entity can hold title under U.S. or State law; a partnership if each general partner is a U.S. citizen and citizens hold the controlling interest; a corporation incorporated in the U.S. or a State whose chief executive and board chair are U.S. citizens and with no more noncitizen directors than a minority of the number needed for a quorum; the U.S. Government; or a State government. The Secretary may issue a temporary certificate before the vessel is measured.

Title 46, §12103

Shipping — Source: USLM XML via OLRC

(a)Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—

(1)wholly owned by one or more individuals or entities described in subsection (b);

(2)at least 5 net tons as measured under part J of this subtitle; and

(3)not documented under the laws of a foreign country.

(b)For purposes of subsection (a)(1), the following are eligible owners:

(1)An individual who is a citizen of the United States.

(2)An association, trust, joint venture, or other entity if—

(A)each of its members is a citizen of the United States; and

(B)it is capable of holding title to a vessel under the laws of the United States or a State.

(3)A partnership if—

(A)each general partner is a citizen of the United States; and

(B)the controlling interest in the partnership is owned by citizens of the United States.

(4)A corporation if—

(A)it is incorporated under the laws of the United States or a State;

(B)its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and

(C)no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.

(5)The United States Government.

(6)The government of a State.

(c)Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12103(a)46:12102(a) (less ownership), (b) (1st sentence). 12103(b)46:12102(a) (related to ownership) 12103(c)46:12102(b) (last sentence).

Editorial Notes

Prior Provisions

A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, § 104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, § 301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, § 348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, § 5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107–295, title IV, § 422(a), Nov. 25, 2002, 116 Stat. 2125, originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12104, 12105, and 12133 of this title. A prior section 12103a, added Pub. L. 107–295, title IV, § 422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12105 of this title.

§12103 General Eligibility Requirements