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United States Code Title 46 — Shipping

§ 12103. General eligibility requirements

§ 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.