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Title 46, ShippingRelease 119-110

§12136 Surrender of Certificates of Documentation

Title 46 › Subtitle II — Vessels and Seamen › Part H — Identification of Vessels › CHAPTER 121 — DOCUMENTATION OF VESSELS › SUBCHAPTER III — MISCELLANEOUS › § 12136

Last updated Sep 22, 2026|Official source

Summary

Give up an invalid certificate of documentation or one with a bad endorsement following the rules the Secretary sets. For ships over 1,000 gross tons, the Secretary can put conditions on approving the surrender. If the ship has a mortgage filed under section 31321, the Secretary may approve surrender only if the mortgage holder agrees. The Secretary cannot deny surrender just because a lien notice was recorded under section 31343(a). Until the Secretary approves the surrender, the ship is treated as still documented for certain laws. That includes chapter 313 for filings made before the certificate became invalid and for assignments after that date, sections 56101 and 56102(a)(2) and chapter 563, and any other laws the Secretary names by regulation. This does not apply if a U.S. district court orders the ship forfeited or sold.

Full Legal Text

Title 46, §12136

Shipping, Source: USLM XML via OLRC

(a)Surrender.—
An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
(b)Conditions for Surrender.—
(1)Vessels over 1,000 tons.—
The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
(2)Vessels covered by mortgage.—
The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.
(3)Notice of lien.—
The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.
(c)Continued Application of Certain Laws.—
(1)In general.—
Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of— (A)
(B)section 56101 and 56102(a)(2) and chapter 563 of this title; and
(C)any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
(2)Exception.—
This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 12136(a)46:12111(b). 12136(b)(1)46:12111(d)(2). 12136(b)(2)46:12111(c)(3). 12136(b)(3)46:12111(d)(1). 12136(c)(1)46:12111(c)(1). 12136(c)(2)46:12111(c)(2). In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.

Statutory Notes and Related Subsidiaries

Documentation Surrender and Invalidation Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that: “section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that— “(1) was filed or recorded before January 1, 1989; and “(2) was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”

Reference

Citations & Metadata

Citation

46 U.S.C. § 12136

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110