46 U.S.C. § 12103 | General eligibility requirements

(a)

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)

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)

Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

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).

Pub. L. 98–89Aug. 26, 198397 Stat. 585 Pub. L. 100–710, title I, § 104(a)(4)Nov. 23, 1988102 Stat. 4750 Pub. L. 101–225, title III, § 301(a)(3)Dec. 12, 1989103 Stat. 1920 Pub. L. 102–388, title III, § 348(c)(1)Oct. 6, 1992106 Stat. 1554 Pub. L. 102–587, title V, § 5213(a)(1)Nov. 4, 1992106 Stat. 5077 Pub. L. 107–295, title IV, § 422(a)Nov. 25, 2002116 Stat. 2125 Pub. L. 109–304A prior section 12103, , , ; , (6), , ; , , ; , , ; , , ; , , , originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by . See sections 12104, 12105, and 12133 of this title.

Pub. L. 107–295, title IV, § 422(b)(1)Nov. 25, 2002116 Stat. 2125 Pub. L. 109–304 section 12105 of this titleA prior section 12103a, added , , , related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by . See .