2014 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle III - Maritime Liability (Sections 30101 - 31343)
Chapter 313 - Commercial Instruments and Maritime Liens (Sections 31301 - 31343)
Subchapter I - General (Sections 31301 - 31309)
Sec. 31306 - Declaration of citizenship
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 46 - SHIPPING |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 46 - SHIPPING Subtitle III - Maritime Liability CHAPTER 313 - COMMERCIAL INSTRUMENTS AND MARITIME LIENS SUBCHAPTER I - GENERAL Sec. 31306 - Declaration of citizenship |
Contains | section 31306 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 100-710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101-225, title III, §303(1), Dec. 12, 1989, 103 Stat. 1923; Pub. L. 109-304, §15(27), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111-281, title IX, §913(a)(1), Oct. 15, 2010, 124 Stat. 3017. |
Statutes at Large References | 102 Stat. 4741 103 Stat. 1923 120 Stat. 1704 124 Stat. 3017 |
Public and Private Laws | Public Law 100-710, Public Law 101-225, Public Law 109-304, Public Law 111-281 |
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(a) Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.
(b) A declaration under this section filed by a corporation must be signed by its president, secretary, treasurer, or other official authorized by the corporation to execute the declaration.
(c) Except as provided by the Secretary, an instrument transferring an interest in a vessel is not valid against any person until the declaration required by this section has been filed.
(d) A person knowingly making a false statement of a material fact in a declaration filed under this section shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101–225, title III, §303(1), Dec. 12, 1989, 103 Stat. 1923; Pub. L. 109–304, §15(27), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, §913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)
Revised section | Source section (U.S. Code) |
---|---|
31306 | 46:838 |
Section 31306(a) requires that a person submitting an instrument transferring interest in a vessel to the Secretary for recording is also to file a declaration stating information about citizenship and other information to show that the transfer is not in violation of section 9 of the Shipping Act, or section 37 of that Act in a national emergency. This section makes no substantive change to law.
Section 31306(b) requires that a declaration filed by a corporation must be signed by the president, secretary, treasurer, or other official authorized by the corporation to execute the declaration. This section makes no substantive change to law.
Section 31306(c) invalidates any instrument transferring an interest until the declaration is filed. This section makes no substantive change to law.
Section 31306(d) provides for a criminal penalty for a violation of this section. The amount of the fine is prescribed under title 18, United States Code, and may include imprisonment for not more than 5 years, or both. This section makes no substantive change to law.
AMENDMENTS2010—Subsec. (a). Pub. L. 111–281 struck out "of Transportation" after "provided by the Secretary".
2006—Subsec. (a). Pub. L. 109–304 substituted "section 56102 or 56103 of this title" for "section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835)".
1989—Subsec. (a). Pub. L. 101–225, §303(1)(A), substituted "Except as provided by the Secretary of Transportation, when" for "When" and "Secretary for filing" for "Secretary of Transportation for filing".
Subsec. (c). Pub. L. 101–225, §303(1)(B), substituted "Except as provided by the Secretary, an" for "An".
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