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Title 46, ShippingRelease 119-110

§60104 Depositing Certificates of Documentation with Consular Officers

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

Last updated Sep 22, 2026|Official source

Summary

When a U.S.-owned vessel arrives at a foreign port from a U.S. port and a consular officer is there, the ship’s master must leave the vessel’s certificate of documentation with that officer. The consular officer will give the certificate back after the master shows the port clearance, follows rules about discharging seamen, and pays any required consular fees. If the master does not deposit the certificate, the master must pay a $500 civil penalty. The consular officer will sue in court, in the officer’s name, to collect the penalty for the United States.

Full Legal Text

Title 46, §60104

Shipping, Source: USLM XML via OLRC

(a)Requirement of Master.—
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)Return of Certificate.—
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)Civil Penalty and Collection.—
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

Sep 22, 2026

Release point: 119-110