§12103. General eligibility requirements
(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.
( Pub. L. 109-304, § 5 , Oct. 6, 2006 , 120 Stat. 1492 .)
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). |
Editorial Notes
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.