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46 USC § 12103 - General eligibility requirements 

---
identifier: "/us/usc/t46/s12103"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 12103 - General eligibility requirements"
title_number: 46
title_name: "SHIPPING"
section_number: "12103"
section_name: "General eligibility requirements"
chapter_number: 121
chapter_name: "DOCUMENTATION OF VESSELS"
subchapter_number: "I"
subchapter_name: "GENERAL"
part_number: "H"
part_name: "Identification of Vessels"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)"
---

# § 12103. General eligibility requirements

**(a)** **In General.—** Except as otherwise provided, a certificate of documentation for a vessel may be issued under this chapter only if the vessel is—

**(1)** wholly owned by one or more individuals or entities described in subsection (b);

**(2)** at least 5 net tons as measured under part J of this subtitle; and

**(3)** not documented under the laws of a foreign country.

**(b)** **Eligible Owners.—** For purposes of subsection (a)(1), the following are eligible owners:

**(1)** An individual who is a citizen of the United States.

**(2)** An association, trust, joint venture, or other entity if—

**(A)** each of its members is a citizen of the United States; and

**(B)** it is capable of holding title to a vessel under the laws of the United States or a State.

**(3)** A partnership if—

**(A)** each general partner is a citizen of the United States; and

**(B)** the controlling interest in the partnership is owned by citizens of the United States.

**(4)** A corporation if—

**(A)** it is incorporated under the laws of the United States or a State;

**(B)** its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and

**(C)** no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.

**(5)** The United States Government.

**(6)** The government of a State.

**(c)** **Temporary Certificates Prior to Measurement.—** Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.

---

**Source Credit**: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1492.)

| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 12103(a) | 46:12102(a) (less ownership), (b) (1st sentence). |  |
| 12103(b) | 46:12102(a) (related to ownership) |  |
| 12103(c) | 46:12102(b) (last sentence). |  |

## Editorial Notes

### Prior Provisions

A prior section 12103, , , ; , (6), , ; , , ; , , ; , , ; , , , originally derived from section 65e of former Title 46, Shipping, related to certificates of documentation, prior to the general amendment of this chapter by . See sections 12104, 12105, and 12133 of this title.

A prior section 12103a, added , , , related to issuance of temporary certificate of documentation by third parties, prior to the general amendment of this chapter by . See .