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46 U.S.C. § 12136 - U.S. Code - Unannotated Title 46. Shipping § 12136. Surrender of certificates of documentation

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Surrender.--An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.

(b) Conditions for surrender.--

(1) Vessels over 1,000 tons.--The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.

(2) Vessels covered by mortgage.--The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.

(3) Notice of lien.--The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.

(c) Continued application of certain laws.--

(1) In general.--Notwithstanding subsection (a), until 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--

(A) chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;

(B)sections 56101 and 56102(a)(2) and chapter 563 of this title; and

(C) any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.

(2) Exception.--This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

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Cite this article: FindLaw.com - 46 U.S.C. § 12136 - U.S. Code - Unannotated Title 46. Shipping § 12136. Surrender of certificates of documentation - last updated January 01, 2024 | https://codes.findlaw.com/us/title-46-shipping/46-usc-sect-12136/

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