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46 U.S.C. § 12105 — Issuance of documentation

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12105 — Issuance of documentation

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Stable record: federal_law:legal_authorities:record_usc_0b7604c5eef3f1342b2dfa93
Source file: Laws/federal/codes/united-states-code/title-46/section-12105-issuance-of-documentation--05d3eedaa2.md
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Source location: Title 46, Chapter 121, § 12105; chapter-121-documentation-of-vessels.md

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**(a) In General.—** Except as provided in [section 12152 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12152&num=0&edition=prelim), the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible. **(b) Temporary Certificates for Recreational Vessels.—** The Secretary may delegate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). A temporary certificate issued under this subsection is valid for not more than 30 days. **(c) Information To Be Included in Certificate.—** A certificate of documentation shall— (1) identify and describe the vessel; (2) identify the owner of the vessel; and (3) contain additional information prescribed by the Secretary. **(d) Procedures To Ensure Integrity and Accuracy.—** The Secretary shall prescribe procedures to ensure the integrity of, and the accuracy of information contained in, certificates of documentation. **(e) Effective Period.—** (1) **In general.—** — Except as provided in paragraphs (2) and (3), a certificate of documentation issued under this part is valid for a 1-year period and may be renewed for additional 1-year periods. (2) **Recreational vessels.—** (A) *In general.—* — The owner or operator of a recreational vessel may choose a period of effectiveness of between 1 and 5 years for a certificate of documentation for a recreational vessel or the renewal thereof. (B) *Fees.—* (i) *Requirement.—* — The Secretary shall assess and collect a fee— (I) for the issuance of a certificate of documentation for a recreational vessel that is equivalent to the fee established for the issuance of a certificate of documentation under section 2110; and (II) for the renewal of a certificate of documentation for a recreational vessel that is equivalent to the number of years of effectiveness of the certificate of documentation multiplied by the fee established for the renewal of a certificate of documentation under section 2110. (ii) *Treatment.—* — Fees collected under this subsection— (I) shall be credited to the account from which the costs of such issuance or renewal were paid; and (II) may remain available until expended. (3) **Notice of change in information.—** (A) *Requirement.—* — The owner of a vessel shall notify the Coast Guard of each change in the information on which the issuance of the certificate of documentation for the vessel is based that occurs before the expiration of the certificate under this subsection, by not later than 30 days after such change. (B) *Termination of certificate.—* — The certificate of documentation for a vessel shall terminate upon the expiration of such 30-day period if the owner has not notified the Coast Guard of such change before the end of such period. (4) **State and local authority to remove abandoned and derelict vessels.—** — Nothing in this section shall be construed to limit the authority of a State or local authority from taking action to remove an abandoned or derelict vessel.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12103 — General eligibility requirements

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12152 — Denial or revocation of endorsement for non-payment of civil penalty

If the owner of a vessel fails to pay a civil penalty imposed by the Secretary, the Secretary may deny the issuance or renewal of an endorsement, or revoke the endorsement, on a certificate of documentation issued for the vessel under this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12111 — Registry endorsement

**(a) Requirements.—** A registry endorsement may be issued for a vessel that satisfies the requirements of [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim). **(b) Authorized Activity.—** A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef. **(c) Certain Vessels Owned by Trusts.—** (1) **Nonapplication of beneficiary citizenship requirement.—** — For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States. (2) **Requirements for trust to qualify.—** (A) *In general.—* — Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if— (i) each trustee is a citizen of the United States; and (ii) the application for documentation of the vessel 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. (B) *Authority of non-citizens.—* — If any person that is not a citizen of the United States has authority to direct or participate in

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 12105 — Issuance of documentation

Page 206 TITLE 46—SHIPPING § 12105 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12104(a) ...... 46:12103(a) (related to filing by owner), (b)(1). 12104(b) ...... 46:12103(b)(2). Editorial Notes PRIOR PROVISIONS A prior section 12104, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 586; Pub. L. 99–36, § 1(a)(7)(B), May 15, 1985, 99 Stat. 67; Pub. L. 101–225, title III, § 301(a)(4), Dec. 12, 1989, 103 Stat. 1920, originally derived from section 65g of former Title 46, Shipping, related to effect of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12134 of this title. § 12105. Issuance of documentation (a) IN GENERAL.—Except as provided in section 12152 of this title, the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the re- quirements of section 12103 of this title. The cer- tificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible. (b) TEMPORARY CERTIFICATES FOR REC- REATIONAL VESSELS.—The Secretary may dele- gate, subject to the supervision and control of the Secretary and under terms prescribed by regulation, to private entities determined and certified by the Secretary to be qualified, the authority to issue a temporary certificate of documentation for a recreational vessel eligible under section 12103 of this title. A temporary certificate issued under this subsection is valid for not more than 30 days. (c) INFORMATION TO BE INCLUDED IN CERTIFI- CATE.—A certificate of documentation shall— (1) identify and describe the vessel; (2) identify the owner of the vessel; and

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