1. (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. (1) wholly owned by one or more individuals or entities described in subsection (b);
   2. (2) at least 5 net tons as measured under part J of this subtitle; and
   3. (3) not documented under the laws of a foreign country.

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

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

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

      1. (A) each of its members is a citizen of the United States; and
      2. (B) it is capable of holding title to a vessel under the laws of the United States or a State.

   3. (3) A partnership if—

      1. (A) each general partner is a citizen of the United States; and
      2. (B) the controlling interest in the partnership is owned by citizens of the United States.

   4. (4) A corporation if—

      1. (A) it is incorporated under the laws of the United States or a State;
      2. (B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
      3. (C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
   5. (5) The United States Government.
   6. (6) The government of a State.
3. (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.)

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.