46-U.S.C.-31306
§31306 – Declaration of Citizenship
Pathway
Title 46 > Subtitle III > Chapter 313 > Subchapter I > Section 31306
Details
- Reference: Section 31306
- Legend: §31306 – Declaration of Citizenship
- USCode Year: 2013
Provision Content
(a) Except as provided by the Secretary, when an instrument transferring an interest in a vessel is presented to the Secretary for filing or recording, the transferee shall file with the instrument a declaration, in the form the Secretary may prescribe by regulation, stating information about citizenship and other information the Secretary may require to show the transaction involved does not violate section 56102 or 56103 of this title.
(b) A declaration under this section filed by a corporation must be signed by its president, secretary, treasurer, or other official authorized by the corporation to execute the declaration.
(c) Except as provided by the Secretary, an instrument transferring an interest in a vessel is not valid against any person until the declaration required by this section has been filed.
(d) A person knowingly making a false statement of a material fact in a declaration filed under this section shall be fined under title 18, imprisoned for not more than 5 years, or both.
(Pub. L. 100–710, title I, §102(c), Nov. 23, 1988, 102 Stat. 4741; Pub. L. 101–225, title III, §303(1), Dec. 12, 1989, 103 Stat. 1923; Pub. L. 109–304, §15(27), Oct. 6, 2006, 120 Stat. 1704; Pub. L. 111–281, title IX, §913(a)(1), Oct. 15, 2010, 124 Stat. 3017.)
| Revised section | Source section (U.S. Code) |
|---|---|
| 31306 | 46:838 |
Section 31306(a) requires that a person submitting an instrument transferring interest in a vessel to the Secretary for recording is also to file a declaration stating information about citizenship and other information to show that the transfer is not in violation of section 9 of the Shipping Act, or section 37 of that Act in a national emergency. This section makes no substantive change to law.
Section 31306(b) requires that a declaration filed by a corporation must be signed by the president, secretary, treasurer, or other official authorized by the corporation to execute the declaration. This section makes no substantive change to law.
Section 31306(c) invalidates any instrument transferring an interest until the declaration is filed. This section makes no substantive change to law.
Section 31306(d) provides for a criminal penalty for a violation of this section. The amount of the fine is prescribed under title 18, United States Code, and may include imprisonment for not more than 5 years, or both. This section makes no substantive change to law.
Amendments
2010—Subsec. (a). Pub. L. 111–281 struck out of Transportation after provided by the Secretary.
2006—Subsec. (a). Pub. L. 109–304 substituted section 56102 or 56103 of this title for section 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 835).
1989—Subsec. (a). Pub. L. 101–225, §303(1)(A), substituted Except as provided by the Secretary of Transportation, when for When and Secretary for filing for Secretary of Transportation for filing.
Subsec. (c). Pub. L. 101–225, §303(1)(B), substituted Except as provided by the Secretary, an for An.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-31101 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-31101, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-31104 in the Legal Encyclopedia: Maritime Liability
In this entry about 46-U.S.C.-31104, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.
46-U.S.C.-31107 in the Legal Encyclopedia: Liability
In this entry about 46-U.S.C.-31107, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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