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46 U.S.C. § 12136 — Surrender of certificates of documentation

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

46 U.S.C. § 12136 — Surrender of certificates of documentation

**(a) Surrender.—** An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary. **(b) Conditions for Surrender.—** (1) **Vessels over 1,000 tons.—** — The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons. (2) **Vessels covered by mortgage.—** — The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim) only if the mortgagee consents. (3) **Notice of lien.—** — The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under [section 31343(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31343/a&num=0&edition=prelim). **(c) Continued Application of Certain Laws.—** (1) **In general.—** — Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of— (A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date; (B) sections 56101 and 56102(a)(2) and chapter 563 of this title; and (C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection. (2) **Exception.—** — This subsection does not apply when a vessel is f

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Source location: Title 46, Chapter 121, § 12136; chapter-121-documentation-of-vessels.md

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

46 U.S.C. § 31321 — Filing, recording, and discharge

**(a)** (1) A bill of sale, conveyance, mortgage, assignment, or related instrument, whenever made, that includes any part of a documented vessel or a vessel for which an application for documentation is filed, must be filed with the Secretary to be valid, to the extent the vessel is involved, against any person except— (A) the grantor, mortgagor, or assignor; (B) the heir or devisee of the grantor, mortgagor, or assignor; and (C) a person having actual notice of the sale, conveyance, mortgage, assignment, or related instrument. (2) Each bill of sale, conveyance, mortgage, assignment, or related instrument that is filed in substantial compliance with this section is valid against any person from the time it is filed with the Secretary. (3) The parties to an instrument or an application for documentation shall use diligence to ensure that the parts of the instrument or application for which they are responsible are in substantial compliance with the filing and documentation requirements. (4) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. **(b)** To be filed, a bill of sale, conveyance, mortgage, assignment, or related instrument must— (1) identify the vessel; (2) state the name and address of each party to the instrument; (3) state, if a mortgage, the amount of the direct or contingent obligations (in one or more units of account as agreed to by the parties) that is or may become secured by the mortgage, excluding interest, expenses, and fees; (4) state the interest of the grantor, mortgagor, or assignor in the vessel; (5) state the interest sold, conveyed, mortgaged, or assigned; and (6) be signed and acknowledged. **(c)** If a bill of sale, conveyanc

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

46 U.S.C. § 12136 — Surrender of certificates of documenta-

Page 219 TITLE 46—SHIPPING § 12136 § 12132. Loss of coastwise trade privileges (a) SOLD FOREIGN OR PLACED UNDER FOREIGN REGISTRY.—A vessel of more than 200 gross tons (as measured under chapter 143 of this title), eli- gible to engage in the coastwise trade, and later sold foreign in whole or in part or placed under foreign registry may not thereafter engage in the coastwise trade. (b) REBUILT OUTSIDE THE UNITED STATES.—A vessel eligible to engage in the coastwise trade and later rebuilt outside the United States may not thereafter engage in the coastwise trade. (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1505.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 12132(a) ...... 46 App.:883 (1st pro- viso). June 5, 1920, ch. 250, § 27 (1st proviso, 2d proviso less meaning of ‘‘rebuilt’’), 41 Stat. 999; July 2, 1935, ch. 355, 49 Stat. 442; July 14, 1956, ch. 600, § 1, 70 Stat. 544; Pub. L. 86–583, § 1, July 5, 1960, 74 Stat. 321; Pub. L. 100–239, § 6(c)(1), Jan. 11, 1988, 101 Stat. 1782; Pub. L. 104–324, title XI, § 1120(e), Oct. 19, 1996, 110 Stat. 3978. 12132(b) ...... 46 App.:883 (2d pro- viso less meaning of ‘‘rebuilt’’). In subsection (a), the words ‘‘eligible to engage in the coastwise trade’’ are substituted for ‘‘having at any time acquired the lawful right to engage in the coast- wise trade, either by virtue of having been built in, or documented under the laws of the United States’’, and the words ‘‘thereafter engage’’ are substituted for ‘‘hereafter acquire the right to engage’’, to eliminate unnecessary words. In subsection (b), the words ‘‘eligible to engage in the coastwise trade’’ are substituted for ‘‘which has ac- quired the lawful right to engage in the coastwise trade, b

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