2016 US Code
Title 46 - Shipping
Subtitle VI - Clearance, Tonnage Taxes, and Duties
Chapter 601 - Arrival and Departure Requirements
Sec. 60104 - Depositing certificates of documentation with consular officers

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Citation 46 U.S.C. § 60104 (2016)
Section Name §60104. Depositing certificates of documentation with consular officers
Section Text

(a) Requirement of Master.—When a vessel owned by citizens of the United States, on a voyage from a port in the United States, arrives at a foreign port, the master of the vessel shall deposit the vessel's certificate of documentation with a consular officer at the foreign port if there is a consular officer at that port.

(b) Return of Certificate.—When the master produces a clearance from the appropriate officer of the foreign port, the consular officer shall return the certificate of documentation to the master if the master has complied with the provisions of law related to the discharge of seamen in a foreign country and the payment of fees of consular officers.

(c) Civil Penalty and Collection.—The master of a vessel failing to deposit the certificate of documentation as required by subsection (a) is liable to the United States Government for a civil penalty of $500. The consular officer shall bring an action to recover the penalty in any court of competent jurisdiction. The action shall be brought in the name of the consular officer for the benefit of the United States.

Source Credit

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1675.)

Editorial Notes
Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
60104 46 App.:354. R.S. §4309; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100.
46 App.:355. R.S. §4310; Apr. 5, 1906, ch. 1366, §3, 34 Stat. 100.

In this section, the words "certificate of documentation" are substituted for "register" and "papers" for consistency with chapter 121 of title 46. The words "sea-letter, and Mediterranean passport" in R.S. §4309 are omitted because the use of those documents was discontinued by Presidential proclamation on April 10, 1815. The words "consular officer" are substituted for "consul or vice consul" for consistency with 22 U.S.C. 4205. The words "commercial agent, or vice commercial agent" in R.S. §§4309 and 4310 are omitted because of the abolition of the grade of commercial agent by the Act of Apr. 5, 1906 (ch. 1366, 34 Stat. 99).

In subsection (b), the words "or commander" are omitted as unnecessary and for consistency in the section.

In subsection (c), the word "failing" is substituted for "refuses or neglects" to eliminate unnecessary words. The words "liable to the United States Government for a civil penalty" are substituted for "liable to a penalty" for clarity and for consistency in the revised 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 VI - Clearance, Tonnage Taxes, and Duties
CHAPTER 601 - ARRIVAL AND DEPARTURE REQUIREMENTS
Sec. 60104 - Depositing certificates of documentation with consular officers
Contains section 60104
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 34 Stat. 99, 100
120 Stat. 1675
Public Law References Public Law 109-304
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