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Title 46 — Shipping

Part B · Chapter 33 — Inspection Generally

§ 3303. Reciprocity for foreign vessels

Statutory text

Except as provided in chapter 37 and section 3505 of this title, a foreign vessel of a country having inspection laws and standards similar to those of the United States and that has an unexpired certificate of inspection issued by proper authority of its respective country, is subject to an inspection to ensure that the condition of the vessel is as stated in its current certificate of inspection. A foreign country is considered to have inspection laws and standards similar to those of the United States when it is a party to an International Convention for Safety of Life at Sea to which the United States Government is currently a party. A foreign certificate of inspection may be accepted as evidence of lawful inspection only when presented by a vessel of a country that has by its laws accorded to vessels of the United States visiting that country the same privileges accorded to vessels of that country visiting the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 98–89 · 97 Stat. 500

    Enacted · 46 U.S.C. § 3303

    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512

    Source evidence

    Code source credit
    Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 512

  2. Coast Guard Authorization Act of 1992

    Pub. L. 102–587 title V § 5210(a) · 106 Stat. 5039

    1. Struck · 46 U.S.C. § 3303(a)

      Pub. L. 102–587, in first sentence, struck out “only” after “is subject”

    2. Substituted · 46 U.S.C. § 3303(a)

      Pub. L. 102–587, in first sentence, substituted “the condition of the vessel is” for “the condition of the vessel’s propulsion equipment and lifesaving equipment are”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–587, in first sentence, struck out “only” after “is subject” and substituted “the condition of the vessel is” for “the condition of the vessel’s propulsion equipment and lifesaving equipment are”.

    Enacted provision · exact public law section
    (a) Section 3303(a) of title 46, United States Code, is amended in the first sentence— (1) by striking “only” immediately after “is subject”; and (2) by striking “the condition of the vessel’s propulsion equipment and lifesaving equipment are” and inserting in lieu thereof “the condition of the vessel is”.

  3. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 title XI § 1111 · 110 Stat. 3901

    Struck · 46 U.S.C. § 3303

    Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued.”

    Source evidence

    Code amendment note
    Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued.”

    Enacted provision · exact public law section
    SEC. 1111. FOREIGN PASSENGER VESSEL USER FEES. Section 3303 of title 46, United States Code, is amended— (1) by striking “(a)” in subsection (a); and (2) by striking subsection (b).

  4. Pub. L. 108–293 title IV § 411(b) · 118 Stat. 1028

    Inserted · 46 U.S.C. § 3303

    Pub. L. 108–293 inserted “and section 3505” after “chapter 37”

    Source evidence

    Code amendment note
    Pub. L. 108–293 inserted “and section 3505” after “chapter 37”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 3303 of title 46, United States Code, is amended by inserting “and section 3505” after “chapter 37”.

4 of 5 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource section (U.S. Code)
330346:362(a)46:390c46:391a(3)

Section 3303 acknowledges the international concept of comity with respect to recognizing inspection laws and standards for foreign flag vessels that are similar to those of the United States. If a foreign nation is signatory to the International Convention for Safety of Life at Sea, it is presumed to have similar standards. However, reciprocity requirements for foreign flag tank vessels are included in chapter 37. Subsection (b) provides for a mutual waiver of fees for the inspection of foreign vessels carrying passengers from the United States.

Editorial Notes

Amendments1992–2004 · 3 rounds

2004

Pub. L. 108–293 inserted “and section 3505” after “chapter 37”.

1996

Pub. L. 104–324 struck out subsec. (a) designation and subsec. (b) which read as follows: “The Secretary shall collect and pay to the Treasury the same fees for the inspection of foreign vessels carrying passengers from the United States that a foreign country charges vessels of the United States trading to the ports of that country. The Secretary may waive at any time the collection of the fees on notice of the proper authorities of any country concerned that the collection of fees for the inspection of vessels of the United States has been discontinued.”

1992

Subsec. (a). Pub. L. 102–587, in first sentence, struck out “only” after “is subject” and substituted “the condition of the vessel is” for “the condition of the vessel’s propulsion equipment and lifesaving equipment are”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.

International Convention for Safety of Life at Sea

For International Conventions for the Safety of Life at Sea to which the United States has been a party, see section 1602 of Title 33, Navigation and Navigable Waters, and notes thereunder.

Credits

1983–2004 · 4 acts
  1. 1983Pub. L. 98–89, , 97 Stat. 512
  2. 1992Pub. L. 102–587, title V, § 5210(a), , 106 Stat. 5076
  3. 1996Pub. L. 104–324, title XI, § 1111, , 110 Stat. 3970
  4. 2004Pub. L. 108–293, title IV, § 411(b), , 118 Stat. 1046.
Show as published

(Pub. L. 98–89, , 97 Stat. 512; Pub. L. 102–587, title V, § 5210(a), , 106 Stat. 5076; Pub. L. 104–324, title XI, § 1111, , 110 Stat. 3970; Pub. L. 108–293, title IV, § 411(b), , 118 Stat. 1046.)

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