46 U.S.C. § 12103 — General eligibility requirements
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 261 words · no verdicts yet
A vessel can only get a certificate of documentation if it meets three rules. It must be wholly owned by an eligible owner, at least 5 net tons, and not foreign-documented. Eligible owners include U.S. citizens and certain qualifying entities, partnerships, corporations, and governments. The Secretary may issue a temporary certificate before the vessel is measured.
(a) In General
Except as otherwise provided, a certificate of documentation for a vessel* may be issued under this chapter only if the vessel is:
(1) wholly owned by one or more individuals or entities described in subsection (b);
(2) at least 5 net tons as measured under part J of this subtitle; and
(3) not documented under the laws of a foreign country.
(b) Eligible Owners
For purposes of subsection (a)(1), the following are eligible owners:
(1) An individual who is a citizen of the United States.
(2) An association, trust, joint venture, or other entity, if (A) each of its members is a citizen of the United States, and (B) it is capable of holding title to a vessel under the laws of the United States or a State*.
(3) A partnership, if (A) each general partner is a citizen of the United States, and (B) the controlling interest in the partnership is owned by citizens of the United States.
(4) A corporation, if (A) it is incorporated under the laws of the United States or a State, (B) its chief executive officer and the chairman of its board of directors are citizens of the United States, and (C) no more of its directors are noncitizens than a minority of the number needed to constitute a quorum.
(5) The United States Government.
(6) The government of a State.
(c) Temporary Certificates Prior to Measurement
Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
Except as otherwise provided, a certificate of documentation for a vessel* may be issued under this chapter only if the vessel is—
wholly owned by one or more individuals or entities described in subsection (b);
at least 5 net tons as measured under part J of this subtitle; and
not documented under the laws of a foreign country.
For purposes of subsection (a)(1), the following are eligible owners:
An individual who is a citizen of the United States.
An association, trust, joint venture, or other entity if—
each of its members is a citizen of the United States; and
it is capable of holding title to a vessel under the laws of the United States or a State*.
A partnership if—
each general partner is a citizen of the United States; and
the controlling interest in the partnership is owned by citizens of the United States.
A corporation if—
it is incorporated under the laws of the United States or a State;
its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
The United States Government.
The government of a State.
Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.
Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1492
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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