---
kind: "section"
citation: "33 U.S.C. § 1904"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "1904"
heading: "Certificates"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/1904"
units:
  - "Chapter 33 — Prevention of Pollution from Ships"
---

# §1904. Certificates

- (a) **Issuance by authorized designees; restriction on issuance—** Except as provided in [section 1903(b)(1) of this title](/usc/33/1903.md?p=b-1), the [Secretary](/usc/33/1901.md?p=a-11) shall designate those [persons](/usc/33/1901.md?p=a-10) authorized to issue on behalf of the United States the certificates required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4). A certificate required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4) shall not be issued to a [ship](/usc/33/1901.md?p=a-12) which is registered in or of the nationality of a country which is not a party to the [MARPOL Protocol](/usc/33/1901.md?p=a-4).
- (b) **Validity of foreign certificates—** A certificate issued by a country which is a party to the [MARPOL Protocol](/usc/33/1901.md?p=a-4) has the same validity as a certificate issued by the [Secretary](/usc/33/1901.md?p=a-11) or the [Administrator](/usc/33/1901.md?p=a-1) under the authority of this chapter.
- (c) **Location onboard vessel; inspection of vessels subject to jurisdiction of the United States—** A [ship](/usc/33/1901.md?p=a-12) required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4) to have a certificate—
  - (1) shall carry a valid certificate onboard in the manner prescribed by the authority issuing the certificate; and
  - (2) is subject to inspection while in a port or [terminal](/usc/33/1901.md?p=a-14) under the jurisdiction of the United States.
- (d) **Onboard inspections; other Federal inspection authority unaffected—** An inspection conducted under [subsection (c)(2)](#c-2) of this section is limited to verifying whether or not a valid certificate is onboard, unless clear grounds exist which reasonably indicate that the condition of the [ship](/usc/33/1901.md?p=a-12) or its equipment does not substantially agree with the particulars of its certificate. This section shall not limit the authority of any official or employee of the United States under any other treaty, law, or regulation to board and inspect a [ship](/usc/33/1901.md?p=a-12) or its equipment.
- (e) **Detention orders; duration of detention; shipyard option—** In addition to the penalties prescribed in [section 1908 of this title](/usc/33/1908.md), a [ship](/usc/33/1901.md?p=a-12) required by the [MARPOL Protocol](/usc/33/1901.md?p=a-4) to have a certificate—
  - (1) which does not have a valid certificate onboard; or
  - (2) whose condition or whose equipment’s condition does not substantially agree with the particulars of the certificate onboard;

  shall be detained by order of the [Secretary](/usc/33/1901.md?p=a-11) at the port or [terminal](/usc/33/1901.md?p=a-14) where the violation is discovered until, in the opinion of the [Secretary](/usc/33/1901.md?p=a-11), the [ship](/usc/33/1901.md?p=a-12) can proceed to sea without presenting an unreasonable threat of harm to the marine environment or the public health and welfare. The detention order may authorize the [ship](/usc/33/1901.md?p=a-12) to proceed to the nearest appropriate available shipyard rather than remaining at the place where the violation was discovered.

- (f) **Ship clearance; refusal or revocation—** If a [ship](/usc/33/1901.md?p=a-12) is under a detention order under this section, the [Secretary](/usc/33/1901.md?p=a-11) may refuse or revoke the clearance required by [section 60105 of title 46](/usc/46/60105.md).
- (g) **Review of detention orders; petition; determination by Secretary—** A [person](/usc/33/1901.md?p=a-10) whose [ship](/usc/33/1901.md?p=a-12) is subject to a detention order under this section may petition the [Secretary](/usc/33/1901.md?p=a-11), in the manner prescribed by regulation, to review the detention order. Upon receipt of a petition under this subsection, the [Secretary](/usc/33/1901.md?p=a-11) shall affirm, modify, or withdraw the detention order within the time prescribed by regulation.
- (h) **Compensation for loss or damage—** A [ship](/usc/33/1901.md?p=a-12) unreasonably detained or delayed by the [Secretary](/usc/33/1901.md?p=a-11) acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.

## Source credit

(Pub. L. 96–478, § 5, Oct. 21, 1980, 94 Stat. 2298; Pub. L. 110–280, § 6, July 21, 2008, 122 Stat. 2614; Pub. L. 115–232, div. C, title XXXV, § 3548(c), Aug. 13, 2018, 132 Stat. 2328.)

## Notes

### Editorial Notes

### Amendments

2018—Subsec. (f). Pub. L. 115–232 amended subsec. (f) generally. Prior to amendment, subsec. (f) related to refusal or revocation of ship clearance or permits.

2008—Subsec. (a). Pub. L. 110–280, § 6(1), substituted “Except as provided in section 1903(b)(1) of this title, the Secretary” for “The Secretary”.

Subsec. (b). Pub. L. 110–280, § 6(2), substituted “Secretary or the Administrator under the authority of this chapter.” for “Secretary under the authority of the MARPOL Protocol.”

Subsec. (e). Pub. L. 110–280, § 6(3), substituted “environment or the public health and welfare.” for “environment.” in concluding provisions.

### Statutory Notes and Related Subsidiaries

### Effective Date

Subsec. (a) of this section effective Oct. 21, 1980, see section 14(b) of Pub. L. 96–478, set out as a note under section 1901 of this title.