120 STAT. 1506
PUBLIC LAW 109–304—OCT. 6, 2006
‘‘(c) CRIMINAL PENALTY.—A person willfully violating subsection (b) shall be fined under title 18, imprisoned for not more than one year, or both. ‘‘§ 12134. Evidentiary uses of documentation ‘‘A certificate of documentation is— ‘‘(1) conclusive evidence of nationality for international purposes, but not in a proceeding conducted under the laws of the United States; ‘‘(2) conclusive evidence of qualification to engage in a specified trade; and ‘‘(3) not conclusive evidence of ownership in a proceeding in which ownership is in issue. ‘‘§ 12135. Invalidation of certificates of documentation ‘‘A certificate of documentation or an endorsement on the certificate is invalid if the vessel for which it is issued— ‘‘(1) no longer meets the requirements of this chapter and regulations prescribed under this chapter applicable to the certificate or endorsement; or ‘‘(2) is placed under the command of an individual not a citizen of the United States in violation of section 12131 of this title. ‘‘§ 12136. Surrender of certificates of documentation ‘‘(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.
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