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46 U.S.C. § 31330 — Penalties
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—
(A) with intent to defraud, does not disclose an obligation on a vessel as required by [section 31323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/a&num=0&edition=prelim);
(B) with intent to defraud, incurs a contractual obligation in violation of [section 31323(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/b&num=0&edition=prelim); or
(C) with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.
(2) A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—
(A) does not disclose an obligation on a vessel as required by [section 31323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/a&num=0&edition=prelim);
(B) incurs a contractual obligation in violation of [section 31323(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/b&num=0&edition=prelim); or
(C) files with the Secretary a mortgage made not in good faith.
**(b)**
(1) A person that knowingly violates [section 31329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31329&num=0&edition=prelim) shall be fined under title 18, imprisoned for not more than 3 years, or both.
(2) A person violating [section 31329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31329&num=0&edition=prelim) is liable to the Government for a civil penalty of not more than
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Source location: Title 46, Chapter 313, § 31330; chapter-313-commercial-instruments-and-maritime-liens.md
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**(a)**
(1) A mortgagor shall be fined under title 18, imprisoned for not more than 2 years, or both, if the mortgagor—
(A) with intent to defraud, does not disclose an obligation on a vessel as required by [section 31323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/a&num=0&edition=prelim);
(B) with intent to defraud, incurs a contractual obligation in violation of [section 31323(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/b&num=0&edition=prelim); or
(C) with intent to hinder or defraud an existing or future creditor of the mortgagor or a lienor of the vessel, files a mortgage with the Secretary.
(2) A mortgagor is liable to the United States Government for a civil penalty of not more than $10,000 if the mortgagor—
(A) does not disclose an obligation on a vessel as required by [section 31323(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/a&num=0&edition=prelim);
(B) incurs a contractual obligation in violation of [section 31323(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31323/b&num=0&edition=prelim); or
(C) files with the Secretary a mortgage made not in good faith.
**(b)**
(1) A person that knowingly violates [section 31329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31329&num=0&edition=prelim) shall be fined under title 18, imprisoned for not more than 3 years, or both.
(2) A person violating [section 31329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31329&num=0&edition=prelim) is liable to the Government for a civil penalty of not more than $25,000.
(3) A vessel involved in a violation under [section 31329 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31329&num=0&edition=prelim) and its equipment may be seized by, and forfeited to, the Government.
**(c)** If a person not an individual violates this section, the president or chief executive of the person also is subject to any penalty provided under this section.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter—
(1) “acknowledge” means making—
(A) an acknowledgment or notarization before a notary public or other official authorized by a law of the United States or a State to take acknowledgments of deeds; or
(B) a certificate issued under the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, 1961;
(2) “district court” means—
(A) a district court of the United States (as defined in [section 451 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section451&num=0&edition=prelim));
(B) the District Court of Guam;
(C) the District Court of the Virgin Islands;
(D) the District Court for the Northern Mariana Islands;
(E) the High Court of American Samoa; and
(F) any other court of original jurisdiction of a territory or possession of the United States;
(3) “mortgagee” means—
(A) a person to whom property is mortgaged; or
(B) when a mortgage on a vessel involves a trust, the trustee that is designated in the trust agreement;
(4) “necessaries” includes repairs, supplies, towage, and the use of a dry dock or marine railway;
(5) “preferred maritime lien” means a maritime lien on a vessel—
(A) arising before a preferred mortgage was filed under [section 31321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31321&num=0&edition=prelim);
(B) for damage arising out of maritime tort;
(C) for wages of a stevedore when employed directly by a person listed in [section 31341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section31341&num=0&edition=prelim);
(D) for wages of the crew of the vessel;
(E) for general average; or
(F) for salvage, including contract salvage;
(6) “preferr
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 31301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A documented vessel may be sold by order of a district court only to—
(1) a person eligible to own a documented vessel under [section 12103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12103&num=0&edition=prelim); or
(2) a mortgagee of that vessel.
**(b)** When a vessel is sold to a mortgagee not eligible to own a documented vessel—
(1) the vessel must be held by the mortgagee for resale;
(2) the vessel held by the mortgagee is subject to chapter 563 of this title; and
(3) the sale of the vessel to the mortgagee is not a sale to a person not a citizen of the United States under [section 12132 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12132&num=0&edition=prelim).
**(c)** Unless waived by the Secretary of Transportation, a person purchasing a vessel by court order under subsection (a)(1) of this section or from a mortgagee under subsection (a)(2) of this section must document the vessel under chapter 121 of this title.
**(d)** The vessel may be operated by the mortgagee not eligible to own a documented vessel only with the approval of the Secretary of Transportation.
**(e)** A sale of a vessel contrary to this section is void.
**(f)** This section does not apply to a documented vessel that has been operated only for pleasure.
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Federal law — U.S. Code and appendices · legal_authorities
Page 286
TITLE 46—SHIPPING
[§ 31328
[§ 31328. Repealed. Pub. L. 104–324, title XI,
§ 1113(b)(1), Oct. 19, 1996, 110 Stat. 3970]
Section, Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988,
102 Stat. 4746, related to limitations on parties serving
as trustees of mortgaged vessel interests.
§ 31329. Court sales of documented vessels
(a) A documented vessel may be sold by order
of a district court only to—
(1) a person eligible to own a documented
vessel under section 12103 of this title; or
(2) a mortgagee of that vessel.
(b) When a vessel is sold to a mortgagee not el-
igible to own a documented vessel—
(1) the vessel must be held by the mortgagee
for resale;
(2) the vessel held by the mortgagee is sub-
ject to chapter 563 of this title; and
(3) the sale of the vessel to the mortgagee is
not a sale to a person not a citizen of the
United States under section 12132 of this title.
(c) Unless waived by the Secretary of Trans-
portation, a person purchasing a vessel by court
order under subsection (a)(1) of this section or
from a mortgagee under subsection (a)(2) of this
section must document the vessel under chapter
121 of this title.
(d) The vessel may be operated by the mort-
gagee not eligible to own a documented vessel
only with the approval of the Secretary of
Transportation.
(e) A sale of a vessel contrary to this section
is void.
(f) This section does not apply to a docu-
mented vessel that has been operated only for
pleasure.
(Pub. L. 100–710, title I, § 102(c), Nov. 23, 1988, 102
Stat. 4747; Pub. L. 104–324, title XI, § 1118, Oct. 19,
1996, 110 Stat. 3973; Pub. L. 109–304, § 15(32), Oct.
6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX,
§ 913(c), Oct. 15, 2010, 124 Stat. 3017.)
HISTORICAL AND REVISION NOTES
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