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46 U.S.C. § 3205 — Certification

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

46 U.S.C. § 3205 — Certification

**(a) Issuance of Certificate and Document.—** After verifying that the responsible person for a vessel to which this chapter applies and the vessel comply with the applicable requirements under this chapter, the Secretary shall issue for the vessel, on request of the responsible person, a Safety Management Certificate and a Document of Compliance. **(b) Maintenance of Certificate and Document.—** A Safety Management Certificate and a Document of Compliance issued for a vessel under this section shall be maintained by the responsible person for the vessel as required by the Secretary. **(c) Verification of Compliance.—** The Secretary shall— (1) periodically, or upon discovery from other sources of information acquired by the Coast Guard, including a discovery made during an audit or systematic review conducted under section 10104(e) of a failure of a responsible person or vessel to comply with a requirement of a safety management system for which a Safety Management Certificate and a Document of compliance 11 So in original. Probably should be “Compliance”. has been issued under this section, including a failure to comply with regulations prescribed under section 3203(a)(7) and (8), review whether a responsible person having a safety management plan approved under section 3204(b) and each vessel to which the plan applies is complying with the plan; and (2) revoke the Secretary’s approval of the plan and each Safety Management Certificate and Document of Compliance issued to the person for a vessel to which the plan applies, if the Secretary determines that the person or a vessel to which the plan applies has not complied with the plan. **(d) Enforcement.—** At the request of the Secretary, the Secretary of Homeland Security shall withhold or revoke the clearance r

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Source location: Title 46, Chapter 32, § 3205; chapter-032-management-of-vessels.md

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

46 U.S.C. § 60105 — Clearance of vessels

**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or (3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. **(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— (1) for a foreign port or place; (2) for another port or place in the United States; or (3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. **(c) Regulations.—** The Secretary may by regulation— (1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance; (2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and (3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

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

46 U.S.C. § 31325 — Preferred mortgage liens and enforcement

**(a)** A preferred mortgage is a lien on the mortgaged vessel in the amount of the outstanding mortgage indebtedness secured by the vessel. **(b)** On default of any term of the preferred mortgage, the mortgagee may— (1) enforce the preferred mortgage lien in a civil action in rem for a documented vessel, a vessel to be documented under chapter 121 of this title, a vessel titled in a State, or a foreign vessel; (2) enforce a claim for the outstanding indebtedness secured by the mortgaged vessel in— (A) a civil action in personam in admiralty against the mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness; and (B) a civil action against the mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness; and (3) enforce the preferred mortgage lien or a claim for the outstanding indebtedness secured by the mortgaged vessel, or both, by exercising any other remedy (including an extrajudicial remedy) against a documented vessel, a vessel for which an application for documentation is filed under chapter 121 of this title, a vessel titled in a State, a foreign vessel, or a mortgagor, maker, comaker, or guarantor for the amount of the outstanding indebtedness or any deficiency in full payment of that indebtedness, if— (A) the remedy is allowed under applicable law; and (B) the exercise of the remedy will not result in a violation of section 56101 or 56102 of this title. **(c)** The district courts have original jurisdiction of a civil action brought under subsection (b)(1) or (2) of this section. However, for a documented vessel, a vessel to be documented under chapter 121 of this title, a vess

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

46 U.S.C. § 3204 — Implementation of safety management system

**(a) Safety Management Plan.—** Each responsible person shall establish and submit to the Secretary for approval a safety management plan describing how that person and vessels of the person to which this chapter applies will comply with the regulations prescribed under [section 3203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3203/a&num=0&edition=prelim). **(b) Approval.—** Upon receipt of a safety management plan submitted under subsection (a), the Secretary shall review the plan and approve it if the Secretary determines that it is consistent with and will assist in implementing the safety management system established under section 3203. **(c) Prohibition on Vessel Operation.—** A vessel to which this chapter applies under section 3202(a) may not be operated without having on board a Safety Management Certificate and a copy of a Document of Compliance issued for the vessel under [section 3205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section3205&num=0&edition=prelim).

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

46 U.S.C. § 3205 — Certification

Page 46 TITLE 46—SHIPPING § 3204 1 So in original. Probably should be ‘‘Compliance’’. Subsecs. (b) to (e). Pub. L. 117–263, § 11610(a)(2), (3), added subsecs. (b) and (c) and redesignated former sub- secs. (b) and (c) as (d) and (e), respectively. 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘(including, for purposes of this section, all covered small passenger vessels, as defined in section 3306(n)(5))’’ after ‘‘vessels to which this chapter applies’’ in introductory provi- sions. 2010—Subsec. (c). Pub. L. 111–281 added subsec. (c). 2004—Subsec. (b). Pub. L. 108–293 substituted ‘‘vessels to which this chapter applies under section 3202(a) of this title’’ for ‘‘vessels engaged on a foreign voyage’’. Statutory Notes and Related Subsidiaries FLAG-STATE GUIDANCE AND SUPPLEMENTS Pub. L. 115–265, title II, § 213, Oct. 11, 2018, 132 Stat. 3750, provided that: ‘‘(a) FREIGHT VESSELS; DAMAGE CONTROL INFORMA- TION.—Within 1 year after the date of the enactment of this Act [Oct. 11, 2018], the Secretary shall issue flag- State guidance for all freight vessels documented under chapter 121 of title 46, United States Code, built before January 1, 1992, regarding the inclusion of comprehen- sive damage control information in safety management plans required under chapter 32 of title 46, United States Code. ‘‘(b) RECOGNIZED ORGANIZATIONS; UNITED STATES SUP- PLEMENT.—The Commandant [of the Coast Guard] shall— ‘‘(1) work with recognized organizations to create a single United States Supplement to rules of such or- ganizations for classification of vessels; and ‘‘(2) by not later than 1 year after the date of the enactment of this Act, provide to the Committee on Commerce, Science, and Transportation of the Sen- ate and the Committee on Transportation and Infra- st

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