U.S. Code » Title 46 » Subtitle Subtitle II— Vessels and Seamen › Part Part H— Identification of Vessels › Chapter CHAPTER 121— DOCUMENTATION OF VESSELS › Subchapter SUBCHAPTER II— ENDORSEMENTS AND SPECIAL DOCUMENTATION

46 U.S.C. § 12111

Registry endorsement

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(a)Requirements.—A registry endorsement may be issued for a vessel that satisfies the requirements of section 12103 of this title.(b)Authorized Activity.—A vessel for which a registry endorsement is issued may engage in foreign trade or trade with Guam, American Samoa, Wake, Midway, or Kingman Reef.(c)Certain Vessels Owned by Trusts.—(1)Nonapplication of beneficiary citizenship requirement.—For the issuance of a certificate of documentation with only a registry endorsement, the beneficiaries of a trust are not required to be citizens of the United States if the trust qualifies under paragraph (2) and the vessel is subject to a charter to a citizen of the United States.(2)Requirements for trust to qualify.—(A)In general.—Subject to subparagraph (B), a trust qualifies under this paragraph with respect to a vessel only if—(i) each trustee is a citizen of the United States; and(ii) the application for documentation of the vessel includes the affidavit of each trustee stating that the trustee is not aware of any reason involving a beneficiary of the trust that is not a citizen of the United States, or involving any other person that is not a citizen of the United States, as a result of which the beneficiary or other person would hold more than 25 percent of the aggregate power to influence or limit the exercise of the authority of the trustee with respect to matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States.(B)Authority of non-citizens.—If any person that is not a citizen of the United States has authority to direct or participate in directing a trustee for a trust in matters involving any ownership or operation of the vessel that may adversely affect the interests of the United States or in removing a trustee for a trust without cause, either directly or indirectly through the control of another person, the trust is not qualified under this paragraph unless the trust instrument provides that persons who are not citizens of the United States may not hold more than 25 percent of the aggregate authority to so direct or remove a trustee.(C)Ownership by non-citizens.—Subparagraphs (A) and (B) do not prohibit a person that is not a citizen of the United States from holding more than 25 percent of the beneficial interest in a trust.(3)Citizenship of person chartering vessel.—If a person chartering a vessel from a trust that qualifies under paragraph (2) is a citizen of the United States under section 50501 of this title, the vessel is deemed to be owned by a citizen of the United States for purposes of that section and related laws, except chapter 531 of this title.(d)Activities Involving Mobile Offshore Drilling Units.—(1)In general.—Only a vessel for which a certificate of documentation with a registry endorsement is issued may engage in—(A) the setting, relocation, or recovery of the anchors or other mooring equipment of a mobile offshore drilling unit that is located over the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a))); or(B) the transportation of merchandise or personnel to or from a point in the United States from or to a mobile offshore drilling unit located over the outer Continental Shelf that is not attached to the seabed.(2)Coastwise trade not authorized.—Nothing in paragraph (1) authorizes the employment in the coastwise trade of a vessel that does not meet the requirements of section 12112 of this title.(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1494; Pub. L. 109–241, title III, § 310, July 11, 2006, 120 Stat. 529; Pub. L. 110–181, div. C, title XXXV, § 3525(a)(1), (b), Jan. 28, 2008, 122 Stat. 600, 601.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

12111(a)

46:12105(a).

12111(b)

46:12105(b).

12111(c)

46:12102(d).

Editorial NotesPrior Provisions

A prior section 12111, Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 588; Pub. L. 100–710, title I, § 103(a), Nov. 23, 1988, 102 Stat. 4749; Pub. L. 104–324, title III, § 301(d)(2)(A), Oct. 19, 1996, 110 Stat. 3916; Pub. L. 107–295, title II, § 205(c), Nov. 25, 2002, 116 Stat. 2096, originally derived from section 65o of former Title 46, Shipping, related to surrender and invalidation of certificates of documentation, prior to the general amendment of this chapter by Pub. L. 109–304. See sections 12135 and 12136 of this title.

Amendments

2008—Pub. L. 110–181, § 3525(b), repealed Pub. L. 109–241, § 310. See 2006 Amendment note below.

Subsec. (d). Pub. L. 110–181, § 3525(a)(1), incorporated the substance of the amendment by Pub. L. 109–241, § 310, into this section by adding subsec. (d). See 2006 Amendment note below and section 18(a) of Pub. L. 109–304, set out as a Legislative Purpose and Construction note preceding section 101 of this title.

2006—Pub. L. 109–241, § 310, which directed the amendment of former section 12105 of this title from which this section was derived in part, was repealed by Pub. L. 110–181, § 3525(b). See 2008 Amendment note for subsec. (d) and Historical and Revision notes above.

Notes of Decisions
Cited in 11 cases (2 in the last 5 years), 1992–2022 · leading case: Matson Navigation Co. v. U.S. Dep't of Transp., 895 F.3d 799 (D.C. Cir. 2018).
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Matson Navigation Co. v. U.S. Dep't of Transp., 895 F.3d 799 (D.C. Cir. 2018). · cites it 3× “§ 53102 (b)(1) & (c)(2) ; that it provided foreign commerce or mixed foreign commerce and domestic trade allowed under a registry endorsement, 46 U.S.C. § 12111 , pursuant to the requirements of 46 U.”
Singleton v. United States, 26 F.3d 233 (1st Cir. 1994). “The harmlessness ruling was based on the conclusion that the MARILYN E was a "vessel of the United States” under 46 U.S.C. § 12111 (c)(1), which provides that "until a certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed…”
United States v. Lebrón-Caceres, 157 F. Supp. 3d 80 (D.P.R. 2016). “-build” requirements may be issued to vessels to engage in trade with Guam and American Samoa under 46 U.S.C. § 12111 (b). For á documented discussion of different aspects of this subject, including market structure and tradeoffs, costs and benefits of potential changes in…”
Singleton v. United States, 789 F. Supp. 492 (D.P.R. 1992). · cites it 4× “The statute provides in relevant part of 46 U.S.C. § 12111 (c)(1) that: [U]ntil the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel is deemed to continue to be documented under this chapter for purposes of— (B) sections 9 and…”
Charles N. White Constr. Co. v. MRA, Ltd. (In Re Biloxi Casino Belle Inc.), 176 B.R. 427 (Bankr. S.D. Miss. 1995). “See 46 U.S.C. § 12111 (c)(1)(A) (ship mortgage must be filed before documentation is rendered invalid).”
Matson Navigation Co. v. Dep't of Transp., No. 2018-2751 (D.D.C. May 30, 2020). · cites it 7× “mit an MSP contractor to replace an MSP vessel with 2 another vessel, so long as that vessel operates at least in part in foreign commerce; (2) failed to consider the fact that the APL Saipan might not operate exclusively in foreign or mixed foreign and domestic trade due to its…”
Matson Navigation Co. v. Dep't of Transp., No. 2018-2751 (D.D.C. June 12, 2020). · cites it 7× “mit an MSP contractor to replace an MSP vessel with 2 another vessel, so long as that vessel operates at least in part in foreign commerce; (2) failed to consider the fact that the APL Saipan might not operate exclusively in foreign or mixed foreign and domestic trade due to its…”
Matson Navigation Co. v. DOT, No. 17-1144 (D.C. Cir. July 17, 2018). · cites it 3× “5 § 53102(b)(1) & (c)(2); that it provided foreign commerce or mixed foreign commerce and domestic trade allowed under a registry endorsement, 46 U.S.C. § 12111 , pursuant to the requirements of 46 U.”
Matson Navigation Co. v. Dep't of Transp., No. 2018-2751 (D.D.C. June 30, 2020). · cites it 3× “ermit an MSP contractor to replace an MSP vessel with another vessel, so long as that vessel operates at least in part in foreign commerce; (2) failed to consider the fact that the APL Saipan might not operate exclusively in foreign or mixed foreign and domestic trade due to its…”
Matson Navigation Co. v. Dep't of Transp., No. 2022-1975 (D.D.C. Aug. 19, 2022). “in mixed foreign commerce and domestic trade allowed under a registry endorsement issued under [ 46 U.S.C. § 12111 ]”—that is to say, foreign commerce or mixed foreign commerce and domestic trade with Guam, American Samoa, 9 Wake, Midway, or Kingman Reef.”
Am. President Lines, LLC v. Matson, Inc., 633 F. Supp. 3d 209 (D.D.C. 2022). “See 46 U.S.C. § 12111 (b). Those vessels still must be U.”
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