PRIA, Government Policy, Made Personal

Summary

When a document is filed to transfer any interest in a vessel, the person receiving the interest must include a written declaration in the form the Secretary sets by rule. The declaration must give citizenship and other facts the Secretary requires to show the transfer does not break sections 56102 or 56103. Except as the Secretary allows, the transfer is not effective against others until that declaration is filed. If a corporation files the declaration, it must be signed by its president, secretary, treasurer, or another official the corporation authorizes. Knowingly lying about an important fact in the declaration can lead to a fine under title 18, up to 5 years in prison, or both.

Title 46, §31306

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(a)Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.

(b)A declaration under this section filed by a corporation must be signed by its president, secretary, treasurer, or other official authorized by the corporation to execute the declaration.

(c)Except as provided by the Secretary, an instrument transferring an interest in a vessel is not valid against any person until the declaration required by this section has been filed.

(d)A person knowingly making a false statement of a material fact in a declaration filed under this section shall be fined under title 18, imprisoned for not more than 5 years, or both.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised sectionSource section (U.S. Code) 3130646:838 section 31306(a) requires that a person submitting an instrument transferring interest in a vessel to the Secretary for recording is also to file a declaration stating information about citizenship and other information to show that the transfer is not in violation of section 9 of the Shipping Act, or section 37 of that Act in a national emergency. This section makes no substantive change to law. section 31306(b) requires that a declaration filed by a corporation must be signed by the president, secretary, treasurer, or other official authorized by the corporation to execute the declaration. This section makes no substantive change to law. section 31306(c) invalidates any instrument transferring an interest until the declaration is filed. This section makes no substantive change to law. section 31306(d) provides for a criminal penalty for a violation of this section. The amount of the fine is prescribed under title 18, United States Code, and may include imprisonment for not more than 5 years, or both. This section makes no substantive change to law.

Editorial Notes

Amendments

2010—Subsec. (a). Pub. L. 111–281 struck out “of Transportation” after “provided by the Secretary”. 2006—Subsec. (a). Pub. L. 109–304 substituted “section 56102 or 56103 of this title” for “section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835)”. 1989—Subsec. (a). Pub. L. 101–225, § 303(1)(A), substituted “Except as provided by the Secretary of Transportation, when” for “When” and “Secretary for filing” for “Secretary of Transportation for filing”. Subsec. (c). Pub. L. 101–225, § 303(1)(B), substituted “Except as provided by the Secretary, an” for “An”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1989, with certain exceptions and qualifications, see section 107 of Pub. L. 100–710, set out as a note under section 31301 of this title.

§31306 Declaration of Citizenship