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§57517 Recovery of Excess Profits

Title 46 › Subtitle Subtitle V— Merchant Marine › Part F— Government-Owned Merchant Vessels › Chapter 575— CONSTRUCTION, CHARTER, AND SALE OF VESSELS › Subchapter II— CHARTERS › § 57517

Last updated Apr 5, 2026|Official source

Summary

Charters must say that if, at the end of any calendar year after the charter starts, the charterer’s total voyage profits — after paying the agreed charter hire and the charterer’s fair and reasonable overhead costs — are more than 10 percent a year of the charterer’s capital used in the ship business, the charterer must pay the Secretary of Transportation half of the amount above 10 percent as extra charter hire. Any profit taken this way must not be counted again in later years. The Secretary of Transportation must define the terms "net voyage profit," "fair and reasonable overhead expenses," and "capital necessarily employed," and every bid notice and every charter must show those definitions and the formulas used to calculate them.

Full Legal Text

Title 46, §57517

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(a)A charter under this chapter shall provide that if, at the end of a calendar year subsequent to the execution of the charter, the cumulative net voyage profit (after payment of the charter hire reserved in the charter and payment of the charterer’s fair and reasonable overhead expenses applicable to operation of the chartered vessel) exceeds 10 percent a year of the charterer’s capital necessarily employed in the business of the chartered vessel, the charterer shall pay to the Secretary of Transportation, as additional charter hire, half the cumulative net voyage profit in excess of 10 percent a year. However, any cumulative net voyage profit accounted for under this subsection is not to be included in the calculation of cumulative net voyage profit in any subsequent year.
(b)The Secretary shall define the terms “net voyage profit”, “fair and reasonable overhead expenses”, and “capital necessarily employed” for this section. Each advertisement for bids and each charter shall contain these definitions, stating the formula for determining each of these three amounts.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 5751746 App.:1199.June 29, 1936, ch. 858, title VII, § 709, 49 Stat. 2010; Pub. L. 97–31, § 12(111), Aug. 6, 1981, 95 Stat. 163.

Reference

Citations & Metadata

Citation

46 U.S.C. § 57517

Title 46Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60