United States Code

USC most recently checked for updates: Feb 28, 2020

§ 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.)
cite as: 46 USC 12103