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46 U.S.C. § 109 — Foreign commerce or trade
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In this title, the terms “foreign commerce” and “foreign trade” mean commerce or trade between a place in the United States and a place in a foreign country.
**(b) Capital Construction Funds and Construction-Differential Subsidies.—** In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms “foreign commerce” and “foreign trade” also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.
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Stable record: federal_law:legal_authorities:record_usc_ca197c11a3a61336c28ced72
Source file: Laws/federal/codes/united-states-code/title-46/section-109-foreign-commerce-or-trade--706b6509fb.md
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Source location: Title 46, Chapter 1, § 109; chapter-001-definitions.md
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**(a) In General.—** In this title, the terms “foreign commerce” and “foreign trade” mean commerce or trade between a place in the United States and a place in a foreign country.
**(b) Capital Construction Funds and Construction-Differential Subsidies.—** In the context of capital construction funds under chapter 535 of this title, and in the context of construction-differential subsidies under title V of the Merchant Marine Act, 1936, the terms “foreign commerce” and “foreign trade” also include, in the case of liquid and dry bulk cargo carrying services, trading between foreign ports in accordance with normal commercial bulk shipping practices in a manner that will permit bulk vessels of the United States to compete freely with foreign bulk vessels in their operation or competition for charters, subject to regulations prescribed by the Secretary of Transportation.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Bulk cargo.—** — The term “bulk cargo” means cargo that is loaded and carried in bulk without mark or count.
(2) **Contractor.—** — The term “contractor” means an owner or operator of a vessel that enters into an operating agreement for the vessel with the Secretary under section 53103.
(3) **Fleet.—** — The term “Fleet” means the Maritime Security Fleet established under section 53102(a).
(4) **Foreign commerce.—** — The term “foreign commerce” means—
(A) commerce or trade between the United States, its territories or possessions, or the District of Columbia, and a foreign country; and
(B) commerce or trade between foreign countries.
(5) **Participating fleet vessel.—** — The term “participating fleet vessel” means any vessel that—
(A) on October 1, 2015—
(i) meets the requirements of paragraph (1), (2), (3), or (4) of section 53102(c); and
(ii) is less than 20 years of age if the vessel is a tank vessel, or is less than 25 years of age for all other vessel types; and
(B) on December 31, 2014, is covered by an operating agreement under this chapter.
(6) **Person.—** — The term “person” includes corporations, partnerships, and associations existing under or authorized by the laws of the United States, or any State, Territory, District, or possession thereof, or of any foreign country.
(7) **Product tank vessel.—** — The term “product tank vessel” means a double hulled tank vessel capable of carrying simultaneously more than 2 separated grades of refined petroleum products.
(8) **Secretary.—** — The term “Secretary” means the Secretary of Transportation.
(9) **Tank vessel.—** — The term “tank vessel” has the meaning that term has under [section 2101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 53101
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Federal law — U.S. Code and appendices · legal_authorities
In this title, the term “agency” means a department, agency, or instrumentality of the United States Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to issue** Subject to the provisions of this chapter, the Administrator shall issue to applicants who are eligible therefor licenses for exploration and permits for commercial recovery.
**(b) Nature of licenses and permits**
(1) A license or permit issued under this subchapter shall authorize the holder thereof to engage in exploration or commercial recovery, as the case may be, consistent with the provisions of this chapter, the regulations issued by the Administrator to implement the provisions of this chapter, and the specific terms, conditions, and restrictions applied to the license or permit by the Administrator.
(2) Any license or permit issued under this subchapter shall be exclusive with respect to the holder thereof as against any other United States citizen or any citizen, national or governmental agency of, or any legal entity organized or existing under the laws of, any reciprocating state.
(3) A valid existing license shall entitle the holder, if otherwise eligible under the provisions of this chapter and regulations issued under this chapter, to a permit for commercial recovery. Such a permit recognizes the right of the holder to recover hard mineral resources, and to own, transport, use, and sell hard mineral resources recovered, under the permit and in accordance with the requirements of this chapter.
(4) In the event of interference with the exploration or commercial recovery activities of a licensee or permittee by nationals of other states, the Secretary of State shall use all peaceful means to resolve the controversy by negotiation, conciliation, arbitration, or resort to agreed tribunals.
**(c) Restrictions**
(1) The Administrator may not issue—
(A) any license or permit after the date on which an international agreement i
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 1415
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) For the purposes of chapter 535 of title 46, any ocean thermal energy conversion facility or plantship licensed pursuant to this chapter, and any vessel providing shipping service to or from such an ocean thermal energy conversion facility or plantship, shall be deemed to be a vessel operated in the foreign commerce of the United States.
(2) The provisions of paragraph (1) of this subsection shall apply for taxable years beginning after December 31, 1981.
**(b)** For the purposes of the Merchant Marine Act, 1936 ([46 U.S.C. 1177](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section1177&num=0&edition=prelim) et seq.),11 See References in Text note below. any vessel documented under the laws of the United States and used in providing shipping service to or from any ocean thermal energy conversion facility or plantship licensed pursuant to the provisions of this chapter shall be deemed to be used in, and used in an essential service in, the foreign commerce or foreign trade of the United States, as defined in [section 109 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section109&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9152
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Federal law — U.S. Code and appendices · legal_authorities
Page 13
TITLE 46—SHIPPING
§ 109
title II of Pub. L. 98–498, see Tables for classification]
may be cited as the ‘Maritime Safety Act of 1984’.’’
Pub. L. 98–364, title IV, § 401, July 17, 1984, 98 Stat. 445,
provided that: ‘‘This title [see Tables for classification]
may be cited as the ‘Commercial Fishing Industry Ves-
sel Act’.’’
SHORT TITLE OF 1981 AMENDMENT
Pub. L. 97–31, § 1, Aug. 6, 1981, 95 Stat. 151, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Maritime Act of 1981’.’’
SHORT TITLE OF 1976 AMENDMENT
Pub. L. 94–372, § 1, July 31, 1976, 90 Stat. 1042, provided:
‘‘That this Act [see Tables for classification] may be
cited as the ‘Negotiated Shipbuilding Contracting Act
of 1976’.’’
SHORT TITLE OF 1970 AMENDMENT
Pub. L. 91–469, § 44, Oct. 21, 1970, 84 Stat. 1039, provided
that: ‘‘This Act [see Tables for classification] may be
cited as the ‘Merchant Marine Act of 1970’.’’
SHORT TITLE OF 1936 AMENDMENT
Act June 29, 1936, ch. 858, title IX, § 906, 49 Stat. 2016,
as amended by Pub. L. 109–304, § 19, Oct. 6, 2006, 120 Stat.
1710, provided that: ‘‘This Act [see Tables for classifica-
tion] may be cited as the Merchant Marine Act, 1936.’’
§ 102. Barge
In this title, the term ‘‘barge’’ means a non-
self-propelled vessel.
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
102 .............
46:2101(2).
§ 103. Boundary Line
In this title, the term ‘‘Boundary Line’’ means
a line established under section 2(b) of the Act
of February 19, 1895 (33 U.S.C. 151(b)).
(Pub. L. 109–304, § 4, Oct. 6, 2006, 120 Stat. 1486;
Pub. L. 114–120, title III, § 306(a)(1), Feb. 8, 2016,
130 Stat. 54.)
HISTORICAL AND REVISION NOTES
Revised
Sectio
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 109
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.