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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

in plain englishAI-generated · not legal advice

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.

the actual law source: uscode.house.gov ↗public domain
(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, by whatever title, 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 necessary 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.

Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)

history & why it existsrecord from the source credit
  • 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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