§ 12103. General eligibility requirements

• (a) 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) 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) Notwithstanding subsection (a)(2), the Secretary may issue a temporary certificate of documentation for a vessel before it is measured.