§ 31306. Declaration of citizenship

509 words·~2 min read·/usc/title-46/section-31306

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(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.)

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.

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U.S. Code

Definitions
§ 31301

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Pub. L. 100–710, title I, § 102(c)
102 Stat. 4741
Pub. L. 101–225, title III, § 303(1)
103 Stat. 1923
Pub. L. 109–304, § 15(27)
120 Stat. 1704
Pub. L. 111–281, title IX, § 913(a)(1)
124 Stat. 3017
Pub. L. 111–281
Pub. L. 109–304
Pub. L. 101–225, § 303(1)(A)
Pub. L. 101–225, § 303(1)(B)
section 107 of Pub. L. 100–710

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cites case law

§ 31306

Declaration of citizenship

U.S.C.§ 31301

Pub. L.Pub. L. 100–710, title I, § 102(c)

Stat.102 Stat. 4741

Pub. L.Pub. L. 101–225, title III, § 303(1)

Stat.103 Stat. 1923

Pub. L.Pub. L. 109–304, § 15(27)

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