46 U.S.C. § 53201 — Definitions
submitted 7 years ago by Pub. L. 116-92 to r/title-46-SHIPPING · 607 words · no verdicts yet
This section defines terms used in the Cable Security Fleet chapter.
This chapter defines: (1) “Cable services”: installing, maintaining, or repairing submarine cables and related equipment, and related cable-vessel* operations. (2) “Cable vessel”: a vessel classed and designed as a cable ship or cable vessel under American Bureau of Shipping or another accepted society’s rules and able to install, maintain, and repair submarine cables. (3) “Cable Fleet”: the Cable Security Fleet under section 53202(a). (4) “Contingency Agreement”: the agreement required by section 53207. (5) “Contractor”: an owner or operator entering an Operating Agreement for a cable vessel under section 53203. (6) “Fiscal year”: October 1 through September 30. (7) “Operating Agency*”: the Defense agency or component designated under this chapter. (8) “Operating Agreement” or “Agreement”: the agreement required by section 53203. (9) “Person”: corporations, partnerships, and associations formed under or authorized by United States, State*, Territory, district, possession, or foreign law. (10) “Secretary”: the Secretary of Transportation. (11) “United States” includes the States, District of Columbia, Puerto Rico, Northern Mariana Islands, Guam, American Samoa, and Virgin Islands. (12) “United States citizen trust” means a qualified trust, subject to (C). It qualifies for a vessel only if (B)(i) created under a United States State’s law, (ii) every trustee is a United States citizen, and (iii) each trustee’s chapter 121 application affidavit states the trustee knows of no reason that a noncitizen beneficiary or other person would have more than 25% of the combined power to influence or limit the trustee on vessel ownership or operation affecting United States interests. (C) A trust with a noncitizen able directly or indirectly to direct a trustee on that ownership or operation or remove one without cause qualifies only if noncitizens have no more than 25% of that combined authority. (D) A noncitizen may nevertheless hold more than 25% of the beneficial interest.
In this chapter:
The term “cable services” means the installation, maintenance, or repair of submarine cables and related equipment, and related cable vessel* operations.
The term “cable vessel” means a vessel—
classed as a cable ship or cable vessel by, and designed in accordance with the rules of, the American Bureau of Shipping, or another classification society accepted by the Secretary; and
capable of installing, maintaining, and repairing submarine cables.
The term “Cable Fleet” means the Cable Security Fleet established under section 53202(a).
The term “Contingency Agreement” means the agreement required by section 53207.
The term “Contractor” means an owner or operator of a vessel that enters into an Operating Agreement for a cable vessel with the Secretary under section 53203.
The term “fiscal year” means any annual period beginning on October 1 and ending on September 30.
The term “Operating Agency” means that agency or component of the Department of Defense so designated by the Secretary of Defense under this chapter.
The terms “Operating Agreement” or “Agreement” mean the agreement required by section 53203.
The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State*, Territory, District, or possession thereof, or of any foreign country.
The term “Secretary” means the Secretary of Transportation.
The term “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.
Subject to paragraph (C), the term “United States citizen trust” means a trust that is qualified under this paragraph.
A trust is qualified under this paragraph with respect to a vessel only if—
it was created under the laws of a state of the United States;
each of the trustees is a citizen of the United States; and
the application for documentation of the vessel under chapter 121 of this title includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence, or limit the exercise of the authority of, the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.
If any person that is not a citizen of the United States has authority to direct, or participate in directing, the trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to direct or remove a trustee.
This paragraph shall not be considered to prohibit a person who is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.
Source credit: (Added Pub. L. 116–92, div. C, title XXXV, § 3521(a), Dec. 20, 2019, 133 Stat. 1988.)
- 2019Enacted · Pub. L. 116-92 · 133 Stat. 1988
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-92 on 2019-12-20.
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