---
kind: "section"
citation: "46 U.S.C. § 60104"
title: "46"
title_heading: "Shipping"
number: "60104"
heading: "Depositing certificates of documentation with consular officers"
release: "119-102"
url: "https://uscodex.org/usc/46/60104"
units:
  - "Subtitle VI — Clearance, Tonnage Taxes, and Duties"
  - "Chapter 601 — Arrival and Departure Requirements"
---

# §60104. Depositing certificates of documentation with consular officers

- (a) **Requirement of Master.—** When a [vessel](/usc/46/115.md) owned by citizens of the [United States](/usc/46/114.md), on a voyage from a port in the [United States](/usc/46/114.md), arrives at a foreign port, the master of the [vessel](/usc/46/115.md) shall deposit the [vessel](/usc/46/115.md)’s [certificate](/usc/46/55104.md?p=a-1) of documentation with a [consular officer](/usc/46/105.md) at the foreign port if there is a [consular officer](/usc/46/105.md) at that port.
- (b) **Return of Certificate.—** When the master produces a clearance from the appropriate officer of the foreign port, the [consular officer](/usc/46/105.md) shall return the [certificate](/usc/46/55104.md?p=a-1) of documentation to the master if the master has complied with the provisions of law related to the discharge of seamen in a foreign country and the payment of fees of [consular officers](/usc/46/105.md).
- (c) **Civil Penalty and Collection.—** The master of a [vessel](/usc/46/115.md) failing to deposit the [certificate](/usc/46/55104.md?p=a-1) of documentation as required by [subsection (a)](#a) is liable to the [United States](/usc/46/114.md) Government for a civil penalty of $500. The [consular officer](/usc/46/105.md) shall bring an action to recover the penalty in any court of competent jurisdiction. The action shall be brought in the name of the [consular officer](/usc/46/105.md) for the benefit of the [United States](/usc/46/114.md).

## Source credit

(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1675.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 60104 | 46 App.:354. | R.S. § 4309; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100. |
|  | 46 App.:355. | R.S. § 4310; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100. |

In this section, the words “certificate of documentation” are substituted for “register” and “papers” for consistency with chapter 121 of title 46. The words “sea-letter, and Mediterranean passport” in R.S. § 4309 are omitted because the use of those documents was discontinued by Presidential proclamation on April 10, 1815. The words “consular officer” are substituted for “consul or vice consul” for consistency with 22 U.S.C. 4205. The words “commercial agent, or vice commercial agent” in R.S. §§ 4309 and 4310 are omitted because of the abolition of the grade of commercial agent by the Act of Apr. 5, 1906 (ch. 1366, 34 Stat. 99).

In subsection (b), the words “or commander” are omitted as unnecessary and for consistency in the section.

In subsection (c), the word “failing” is substituted for “refuses or neglects” to eliminate unnecessary words. The words “liable to the United States Government for a civil penalty” are substituted for “liable to a penalty” for clarity and for consistency in the revised title.