---
kind: "section"
citation: "46 U.S.C. § 12136"
title: "46"
title_heading: "Shipping"
number: "12136"
heading: "Surrender of certificates of documentation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/46/12136"
units:
  - "Subtitle II — Vessels and Seamen"
  - "Part H — Identification of Vessels"
  - "Chapter 121 — Documentation of Vessels"
  - "Subchapter III — Miscellaneous"
---

# §12136. Surrender of certificates of documentation

- (a) **Surrender.—** An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the [Secretary](/usc/46/2101.md?p=46).
- (b) **Conditions for Surrender.—**
  - (1) **Vessels over 1,000 tons.—** The [Secretary](/usc/46/2101.md?p=46) may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
  - (2) **Vessels covered by mortgage.—** The [Secretary](/usc/46/2101.md?p=46) may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under [section 31321 of this title](/usc/46/31321.md) only if the mortgagee consents.
  - (3) **Notice of lien.—** The [Secretary](/usc/46/2101.md?p=46) may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under [section 31343(a) of this title](/usc/46/31343.md?p=a).
- (c) **Continued Application of Certain Laws.—**
  - (1) **In general.—** Notwithstanding [subsection (a)](#a), until the certificate of documentation is surrendered with the approval of the [Secretary](/usc/46/2101.md?p=46), a documented vessel is deemed to continue to be documented under this chapter for purposes of—
    - (A) [chapter 313](/usc/46/chstIII/ch313.md) of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
    - (B) sections [56101](/usc/46/56101.md) and [56102(a)(2)](/usc/46/56102.md?p=a-2) and [chapter 563](/usc/46/chstV/ptE/ch563.md) of this title; and
    - (C) any other law of the United States identified by the [Secretary](/usc/46/2101.md?p=46) by regulation as a law to which the [Secretary](/usc/46/2101.md?p=46) applies this subsection.
  - (2) **Exception.—** This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.

## Source credit

(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>Section | Source (U.S. Code) | Source (Statutes at Large) |
| 12136(a) | 46:12111(b). |  |
| 12136(b)(1) | 46:12111(d)(2). |  |
| 12136(b)(2) | 46:12111(c)(3). |  |
| 12136(b)(3) | 46:12111(d)(1). |  |
| 12136(c)(1) | 46:12111(c)(1). |  |
| 12136(c)(2) | 46:12111(c)(2). |  |

In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.

### Statutory Notes and Related Subsidiaries

### Documentation Surrender and Invalidation

Pub. L. 101–225, title III, § 301(b), Dec. 12, 1989, 103 Stat. 1922, provided that: “Section 12111(c)(3) [now section 12136(b)(2)] of title 46, United States Code, does not apply to a mortgage that— was filed or recorded before January 1, 1989; and was not a preferred mortgage (as that term is defined in section 31301(6) of that title) on that date.”