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Title 46, Chapter 505

Shipping — 4 active sections

Table of Contents (4 sections)

§ 50501. Entities deemed citizens of the United States

  • (a) In this subtitle, a corporation, partnership, or association is deemed to be a citizen of the United States only if the controlling interest is owned by citizens of the United States. However, if the corporation, partnership, or association is operating a vessel in the coastwise trade, at least 75 percent of the interest must be owned by citizens of the United States.
  • (b) In this subtitle, a corporation is deemed to be a citizen of the United States only if, in addition to satisfying the requirements in subsection (a)—
    • (1) it is incorporated under the laws of the United States or a State;
    • (2) its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
    • (3) no more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
  • (c) The controlling interest in a corporation is owned by citizens of the United States under subsection (a) only if—
    • (1) title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States;
    • (2) the majority of the voting power in the corporation is vested in citizens of the United States;
    • (3) there is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and
    • (4) there is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States.
  • (d) At least 75 percent of the interest in a corporation is owned by citizens of the United States under subsection (a) only if—
    • (1) title to at least 75 percent of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States;
    • (2) at least 75 percent of the voting power in the corporation is vested in citizens of the United States;
    • (3) there is no contract or understanding by which more than 25 percent of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and
    • (4) there is no other means by which control of more than 25 percent of any interest in the corporation is given to or permitted to be exercised by a person not a citizen of the United States.

§ 50504. Sailing school vessels

  • (a) In this section, the terms “sailing school instructor”, “sailing school student”, and “sailing school vessel” have the meaning given those terms in section 2101 of this title .
  • (b) A sailing school student or sailing school instructor is deemed not to be a seaman under—
    • (1) parts B, F, and G of subtitle II of this title; or
    • (2) the maritime law doctrines of maintenance and cure or warranty of seaworthiness.
  • (c) A sailing school vessel is deemed not to be—
    • (1) a merchant vessel under section 11101(a)–(c) of this title; or
    • (2) a vessel engaged in trade or commerce.
  • (d) The owner or charterer of a sailing school vessel shall maintain evidence of financial responsibility to meet liability for death or injury to sailing school students and sailing school instructors on a voyage on the vessel. The amount of financial responsibility shall be at least $50,000 for each student and instructor. Financial responsibility under this subsection may be evidenced by insurance or other adequate financial resources.