---
kind: "section"
citation: "33 U.S.C. § 3856"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "3856"
heading: "Referrals for appropriate action by foreign country"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/33/3856"
units:
  - "Chapter 51 — Clean Hulls"
  - "Subchapter IV — Action on Violation, Penalties, and Referrals"
---

# §3856. Referrals for appropriate action by foreign country


Notwithstanding sections [3851](/usc/33/3851.md), [3852](/usc/33/3852.md), [3853](/usc/33/3853.md), and [3855](/usc/33/3855.md) of this title, if a violation of the [Convention](/usc/33/3801.md?p=3) is committed by a [vessel](/usc/33/3801.md?p=12) registered in or of the nationality of a country that is a party to the [Convention](/usc/33/3801.md?p=3), or by a [vessel](/usc/33/3801.md?p=12) operated under the authority of a country that is a party to the [Convention](/usc/33/3801.md?p=3), the [Secretary](/usc/33/3801.md?p=10), acting in coordination with the Secretary of State, may refer the matter to the government of the country of the [vessel](/usc/33/3801.md?p=12)’s registry or nationality, or under whose authority the [vessel](/usc/33/3801.md?p=12) is operating, for appropriate action, rather than taking the actions otherwise required or authorized by this subchapter.


## Source credit

(Pub. L. 111–281, title X, § 1046, Oct. 15, 2010, 124 Stat. 3031.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle D (§§ 1041–1048) of title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3029, which enacted this subchapter and repealed chapter 37 (§ 2401 et seq.) of this title. For complete classification of subtitle D to the Code, see Tables.