{"identifier":"/us/usc/t46/s12103","title":46,"num":"\u00a7\u202f12103.","heading":"General eligibility requirements","text":"\u00a7\u202f12103.\nGeneral eligibility requirements\n(a)\nIn General.\u2014\nExcept as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is\u2014\n(1) wholly owned by one or more individuals or entities described in subsection (b);\n(2) at least 5 net tons as measured under part J of this subtitle; and\n(3) not documented under the laws of a foreign country.\n(b)\nEligible Owners.\u2014\nFor purposes of subsection (a)(1), the following are eligible owners:\n(1) An individual who is a citizen of the United States.\n(2) An association, trust, joint venture, or other entity if\u2014\n(A) each of its members is a citizen of the United States; and\n(B) it is capable of holding title to a vessel under the laws of the United States or a State.\n(3) A partnership if\u2014\n(A) each general partner is a citizen of the United States; and\n(B) the controlling interest in the partnership is owned by citizens of the United States.\n(4) A corporation if\u2014\n(A) it is incorporated under the laws of the United States or a State;\n(B) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and\n(C) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.\n(5) The United States Government.\n(6) The government of a State.\n(c)\nTemporary Certificates Prior to Measurement.\u2014\nNotwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.","url":"https://projectusc.org/usc/t46/s12103.html","content":[{"t":"sec","id":"/us/usc/t46/s12103","children":[{"t":"num","text":"\u00a7\u202f12103."},{"t":"heading","text":"General eligibility requirements"},{"t":"subsec","id":"/us/usc/t46/s12103/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In General.\u2014"},{"t":"chapeau","text":"Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is\u2014"},{"t":"para","id":"/us/usc/t46/s12103/a/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" wholly owned by one or more individuals or entities described in subsection (b);","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/a/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" at least 5 net tons as measured under part J of this subtitle; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/a/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" not documented under the laws of a foreign country.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s12103/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Eligible Owners.\u2014"},{"t":"chapeau","text":"For purposes of subsection (a)(1), the following are eligible owners:"},{"t":"para","id":"/us/usc/t46/s12103/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" An individual who is a citizen of the United States.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/b/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" An association, trust, joint venture, or other entity if\u2014"},{"t":"subpara","id":"/us/usc/t46/s12103/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" each of its members is a citizen of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s12103/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" it is capable of holding title to a vessel under the laws of the United States or a State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" A partnership if\u2014"},{"t":"subpara","id":"/us/usc/t46/s12103/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" each general partner is a citizen of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s12103/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the controlling interest in the partnership is owned by citizens of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/b/4","children":[{"t":"num","text":"(4)"},{"t":"chapeau","text":" A corporation if\u2014"},{"t":"subpara","id":"/us/usc/t46/s12103/b/4/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" it is incorporated under the laws of the United States or a State;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s12103/b/4/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t46/s12103/b/4/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/b/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" The United States Government.","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t46/s12103/b/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" The government of a State.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t46/s12103/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Temporary Certificates Prior to Measurement.\u2014"},{"t":"content","text":"Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.","tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}