2016 US Code
Title 46 - Shipping
Subtitle II - Vessels and Seamen
Part H - Identification of Vessels
Chapter 121 - Documentation of Vessels
Subchapter I - General
Sec. 12103 - General eligibility requirements

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Citation 46 U.S.C. § 12103 (2016)
Section Name §12103. General eligibility requirements
Section Text

(a) In General.—Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—

(1) wholly owned by one or more individuals or entities described in subsection (b);

(2) at least 5 net tons as measured under part J of this subtitle; and

(3) not documented under the laws of a foreign country.


(b) Eligible Owners.—For purposes of subsection (a)(1), the following are eligible owners:

(1) An individual who is a citizen of the United States.

(2) An association, trust, joint venture, or other entity if—

(A) each of its members is a citizen of the United States; and

(B) it is capable of holding title to a vessel under the laws of the United States or a State.


(3) A partnership if—

(A) each general partner is a citizen of the United States; and

(B) the controlling interest in the partnership is owned by citizens of the United States.


(4) A corporation if—

(A) it is incorporated under the laws of the United States or a State;

(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and

(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.


(5) The United States Government.

(6) The government of a State.


(c) Temporary Certificates Prior to Measurement.—Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

Source Credit

(Pub. L. 109–304, §5, Oct. 6, 2006, 120 Stat. 1492.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
12103(a) 46:12102(a) (less ownership), (b) (1st sentence).
12103(b) 46:12102(a) (related to ownership)
12103(c) 46:12102(b) (last sentence).
PRIOR PROVISIONS

A prior section 12103, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 585; Pub. L. 100–710, title I, §104(a)(4), (6), Nov. 23, 1988, 102 Stat. 4750; Pub. L. 101–225, title III, §301(a)(3), Dec. 12, 1989, 103 Stat. 1920; Pub. L. 102–388, title III, §348(c)(1), Oct. 6, 1992, 106 Stat. 1554; Pub. L. 102–587, title V, §5213(a)(1), Nov. 4, 1992, 106 Stat. 5077; Pub. L. 107–295, title IV, §422(a), Nov. 25, 2002, 116 Stat. 2125, originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12104, 12105, and 12133 of this title.

A prior section 12103a, added Pub. L. 107–295, title IV, §422(b)(1), Nov. 25, 2002, 116 Stat. 2125, related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by Pub. L. 109–304. See section 12105 of this title.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle II - Vessels and Seamen
Part H - Identification of Vessels
CHAPTER 121 - DOCUMENTATION OF VESSELS
SUBCHAPTER I - GENERAL
Sec. 12103 - General eligibility requirements
Contains section 12103
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 97 Stat. 585
102 Stat. 4750
103 Stat. 1920
106 Stat. 1554, 5077
116 Stat. 2125
120 Stat. 1492
Public Law References Public Law 98-89, Public Law 100-710, Public Law 101-225, Public Law 102-388, Public Law 102-587, Public Law 107-295, Public Law 109-304
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