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46 U.S.C. § 12132 — Loss of coastwise trade privileges
Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 12132
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Stable record: federal_law:legal_authorities:usc2024-7873c90ab5d4b07ca6fb4271
Source file: Laws/federal/codes/united-states-code-2024/title-46/section-12132-loss-of-coastwise-trade-privileges--9f587f90b6.md
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Source location: USCODE-2024-title46-subtitleII-partH-chap121-subchapIII-sec12132.pdf
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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, by virtue of having been built in or documented
under the laws of the United States’’, and the words
‘‘thereafter engage’’ are substituted for ‘‘have the right
thereafter to engage’’, to eliminate unnecessary words.
See section 12101 for the meaning of ‘‘rebuilt in the
United States’’.
§ 12133. Duty to carry certificate on vessel and
allow examination
(a) DUTY TO CARRY.—The certificate of docu-
mentation of a vessel shall be carried on the ves-
sel unless the vessel is exempt by regulation
from carrying the certificate.
(b) AVAILABILITY.—The owner or individual in
charge of a vessel required to carry its certifi-
cate of documentation shall make the certifi-
cate available for examination at the request of
an officer enforcing the revenue laws or as oth-
erwise required by law or regulation.
(c) CRIMINAL PENALTY.—A person willfully vio-
lating subsection (b) shall be fined under title
18, imprisoned for not more than one year, or
both.
(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)
12133 ..........
46:12103(e).
HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
46 App.:277.
R.S. § 4336; Aug. 5, 1935, ch.
438, title III, § 312, 49 Stat.
528; Pub. L. 85–237, § 2,
Aug. 30, 1957, 71 Stat. 518;
Pub. L. 103–182, title VI,
§ 686(a)(5), Dec. 8, 1993, 107
Stat. 2220.
This section consolidates and clarifies the require-
ments contained in the source provisions. The specific
civil penalties are omitted as unnecessary because of
the general civil penalty in section 12151(a) of the re-
vised title. See also 19 U.S.C. 1581.
§ 12134. Evidentiary uses of documentation
A certificate of documentation is—
(1) conclusive evidence of nationality for
international purposes, but not in a pro-
ceeding conducted under the laws of the
United States;
(2) conclusive evidence of qualification to
engage in a specified trade; and
(3) not conclusive evidence of ownership in a
proceeding in which ownership is in issue.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12134 ..........
46:12104.
§ 12135. Invalidation of certificates of docu-
mentation
A certificate of documentation or an endorse-
ment 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 en-
dorsement; or
(2) is placed under the command of an indi-
vidual not a citizen of the United States in
violation of section 12131 of this title.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
HISTORICAL AND REVISION NOTES
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
12135 ..........
46:12111(a).
In paragraph (2), the words ‘‘except for a recreational
endorsement’’ are omitted as unnecessary because a
recreational endorsement does not permit a vessel to
engage in a trade.
§ 12136. Surrender of certificates of documenta-
tion
(a) SURRENDER.—An invalid certificate of doc-
umentation, or a certificate with an invalid en-
dorsement, 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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Customs officers** Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.], or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance.
**(b) Officers of Department of the Treasury** Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.
**(c) Penalty for presenting forged, altered, or false documents** Any master of a vessel being examined as herein provided, who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and without revealing the fact shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500.
**(d) Penalty for failure to stop at command** Any vessel or vehicle which, at any authorized place, is directed to come to a stop
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1581
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Federal law — U.S. Code and appendices · legal_authorities
Page 267
TITLE 19—CUSTOMS DUTIES
§ 1581
Provisions somewhat similar to those in this section
were contained in R.S. § 2981, as amended by act June
10, 1880, ch. 190, § 10, 21 Stat. 175, and act May 21, 1896,
ch. 217, 29 Stat. 129, which also required notice to be
given the party claiming the lien before delivery of the
goods, and provided that possession by officers of the
customs should not affect the discharge of the lien.
That section was repealed by act Sept. 21, 1922, ch. 356,
title IV, § 642, 42 Stat. 989.
AMENDMENTS
1984—Pub. L. 98–573 inserted provision making this
section applicable to licensed customs brokers who oth-
erwise possess a lien for the purposes stated above upon
the merchandise under the statutes or common law, or
by order of any court of competent jurisdiction, of any
State.
1970—Pub. L. 91–271 substituted reference to customs
officer for reference to collector of customs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 effective on close of
180th day following Oct. 30, 1984, see section 214(d) of
Pub. L. 98–573, set out as a note under section 1304 of
this title.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–271,
see section 203 of Pub. L. 91–271, set out as a note under
section 1500 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1581
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1581. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Sold Foreign or Placed Under Foreign Registry.—** A vessel of more than 200 gross tons (as measured under chapter 143 of this title), eligible 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 12132
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.