
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 46USC31306]

 
                           TITLE 46--SHIPPING
 
                    Subtitle III--Maritime Liability
 
         CHAPTER 313--COMMERCIAL INSTRUMENTS AND MARITIME LIENS
 
                          SUBCHAPTER I--GENERAL
 
Sec. 31306. Declaration of citizenship

    (a) Except as provided by the Secretary of Transportation, 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 9 or 37 of the Shipping Act, 1916 (46 App. U.S.C. 808, 
835).
    (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, Sec. 102(c), Nov. 23, 1988, 102 Stat. 4741; 
Pub. L. 101-225, title III, Sec. 303(1), Dec. 12, 1989, 103 Stat. 1923.)

                      Historical and Revision Notes
------------------------------------------------------------------------
          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

    1989--Subsec. (a). Pub. L. 101-225, Sec. 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, Sec. 303(1)(B), substituted ``Except 
as provided by the Secretary, an'' for ``An''.
