46 U.S.C. § 60104 — Depositing certificates of documentation with consular officers
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 190 words · no verdicts yet
When a U.S.-owned vessel reaches a foreign port with a consular officer, the master must deposit its certificate there. The officer returns it once the master shows a foreign clearance and follows seamen and fee rules. Failing to deposit the certificate costs the master a $500 penalty.
(a) Requirement of Master. When a vessel* owned by U.S. citizens leaves a U.S. port and arrives at a foreign port, the master must deposit the vessel's certificate of documentation with a consular officer* there, if one is stationed at that port.
(b) Return of Certificate. When the master presents a clearance from the right foreign-port officer, the consular officer must return the certificate — as long as the master has followed the laws on discharging seamen abroad and paying consular fees.
(c) Civil Penalty and Collection. A master who fails to deposit the certificate as subsection (a) requires owes the United States Government a $500 civil penalty. The consular officer must sue to collect that penalty in any court with jurisdiction, bringing the case in the officer's own name for the government's benefit.
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.
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.
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.
Source credit: (Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1675.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1675
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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