PRIA Logo™
Title 46 — ShippingRelease 119-73not60

§60104 Depositing Certificates of Documentation with Consular Officers

Title 46 › Subtitle Subtitle VI— Clearance, Tonnage Taxes, and Duties › Chapter 601— ARRIVAL AND DEPARTURE REQUIREMENTS › § 60104

Last updated Apr 5, 2026|Official source

Summary

When a U.S.-owned ship leaves a U.S. port and arrives at a foreign port that has a U.S. consular officer, the ship’s captain must leave the ship’s certificate of documentation with that consular officer. The consular officer must give the certificate back when the captain shows a clearance from the foreign port official and has followed rules about discharging sailors and paying consular fees. If the captain fails to leave the certificate, the captain owes a $500 civil fine to the United States, and the consular officer must sue in a proper court, in the officer’s name for the benefit of the United States, to collect it.

Full Legal Text

Title 46, §60104

Shipping — Source: USLM XML via OLRC

(a)When a vessel owned by citizens of the United States, on a voyage from a port in the United States, arrives at a foreign port, the master of the vessel shall deposit the vessel’s certificate of documentation with a consular officer at the foreign port if there is a consular officer at that port.
(b)When the master produces a clearance from the appropriate officer of the foreign port, the consular officer shall return the certificate of documentation to the master if the master has complied with the provisions of law related to the discharge of seamen in a foreign country and the payment of fees of consular officers.
(c)The master of a vessel failing to deposit the certificate of documentation as required by subsection (a) is liable to the United States Government for a civil penalty of $500. The consular officer shall bring an action to recover the penalty in any court of competent jurisdiction. The action shall be brought in the name of the consular officer for the benefit of the United States.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6010446 App.:354.R.S. § 4309; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100. 46 App.:355.R.S. § 4310; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100. In this section, the words “certificate of documentation” are substituted for “register” and “papers” for consistency with chapter 121 of title 46. The words “sea-letter, and Mediterranean passport” in R.S. § 4309 are omitted because the use of those documents was discontinued by Presidential proclamation on April 10, 1815. The words “consular officer” are substituted for “consul or vice consul” for consistency with 22 U.S.C. 4205. The words “commercial agent, or vice commercial agent” in R.S. §§ 4309 and 4310 are omitted because of the abolition of the grade of commercial agent by the Act of Apr. 5, 1906 (ch. 1366, 34 Stat. 99). In subsection (b), the words “or commander” are omitted as unnecessary and for consistency in the section. In subsection (c), the word “failing” is substituted for “refuses or neglects” to eliminate unnecessary words. The words “liable to the United States Government for a civil penalty” are substituted for “liable to a penalty” for clarity and for consistency in the revised title.

Reference

Citations & Metadata

Citation

46 U.S.C. § 60104

Title 46 — Shipping

Last Updated

Apr 5, 2026

Release point: 119-73not60