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46 U.S.C. § 12135 — Invalidation of certificates of documentation

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

46 U.S.C. § 12135 — Invalidation of certificates of documentation

A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued— (1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or (2) is placed under the command of an individual not a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States in violation of [section 12131 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section12131&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-46/section-12135-invalidation-of-certificates-of-documentation--e16af9a909.md
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Source location: Title 46, Chapter 121, § 12135; chapter-121-documentation-of-vessels.md

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

46 U.S.C. § 12131 — Command of documented vessels

**(a) In General.—** Except as provided in subsection (b), a documented vessel may be placed under the command only of a citizen or noncitizen national (as such term is described in section 308 of the Immigration and Nationality Act ([8 U.S.C. 1408](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1408&num=0&edition=prelim))) of the United States. **(b) Exceptions.—** Subsection (a) does not apply to— (1) a vessel with only a recreational endorsement; or (2) an unmanned barge operating outside of the territorial waters of the United States.

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

8 U.S.C. § 1408 — Nationals but not citizens of the United States at birth

Unless otherwise provided in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401&num=0&edition=prelim), the following shall be nationals, but not citizens, of the United States at birth: (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession; (2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person; (3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and (4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years— (A) during which the national parent was not outside the United States or its outlying possessions for a continuous period of more than one year, and (B) at least five years of which were after attaining the age of fourteen years. The proviso of [section 1401(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1401/g&num=0&edition=prelim) shall apply to the national parent under this paragraph in the same manner as it applies to the citizen parent under that section.

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

46 U.S.C. § 12135 — Invalidation of certificates of docu-

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

8 U.S.C. § 1408 — Nationals but not citizens of the United

Page 484 TITLE 8—ALIENS AND NATIONALITY § 1408 Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (c), was in the original, ‘‘this Act’’, meaning act June 27, 1952, ch. 477, 66 Stat. 163, known as the Immigration and Nationality Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables. § 1408. Nationals but not citizens of the United States at birth Unless otherwise provided in section 1401 of this title, the following shall be nationals, but not citizens, of the United States at birth: (1) A person born in an outlying possession of the United States on or after the date of formal acquisition of such possession; (2) A person born outside the United States and its outlying possessions of parents both of whom are nationals, but not citizens, of the United States, and have had a residence in the United States, or one of its outlying possessions prior to the birth of such person; (3) A person of unknown parentage found in an outlying possession of the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in such outlying possession; and (4) A person born outside the United States and its outlying possessions of parents one of whom is an alien, and the other a national, but not a citizen, of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than seven years in any continuous period of ten years— (A) during which the national parent was not outside the United States or its outlying possessions for

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