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2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 891e Restriction with respect to certain shipyard subsidies us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 17 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 891e 33 U.S.C. § 891e current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s891e data/legal/raw/us/code/title-33/usc33.xml 7c10390c00fcdaebdd2564ccb63d37cbc48730b13f9e1ec4ad0c63f0142d2555 de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 7bcd214e494f95f1691ce400833235c783db753d7fb78491e816969c180510d3 2026-07-04 official
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33 U.S.C. § 891e - Restriction with respect to certain shipyard subsidies

Text

(a) In general The Secretary of Commerce may not award a contract for the construction, repair (except emergency repairs), or alteration of any vessel of the National Oceanic and Atmospheric Administration in a shipyard, if that vessel benefits or would benefit from significant subsidies for the construction, repair, or alteration of vessels in that shipyard.

(b) “Significant subsidy” defined In this section, the term “significant subsidy” includes, but is not limited to, any of the following:

(1) Officially supported export credits.

(2) Direct official operating support to the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to—

(A) grants;

(B) loans and loan guarantees other than those available on the commercial market;

(C) forgiveness of debt;

(D) equity infusions on terms inconsistent with commercially reasonable investment practices; and

(E) preferential provision of goods and services.

(3) Direct official support for investment in the commercial shipbuilding and repair industry, or to a related entity that favors the operation of shipbuilding and repair, including but not limited to the kinds of support listed in paragraph (2)(A) through (E), and any restructuring support, except public support for social purposes directly and effectively linked to shipyard closures.

(4) Assistance in the form of grants, preferential loans, preferential tax treatment, or otherwise, that benefits or is directly related to shipbuilding and repair for purposes of research and development that is not equally open to domestic and foreign enterprises.

(5) Tax policies and practices that favor the shipbuilding and repair industry, directly or indirectly, such as tax credits, deductions, exemptions, and preferences, including accelerated depreciation, if such benefits are not generally available to persons or firms not engaged in shipbuilding or repair.

(6) Any official regulation or practice that authorizes or encourages persons or firms engaged in shipbuilding or repair to enter into anticompetitive arrangements.

(7) Any indirect support directly related, in law or in fact, to shipbuilding and repair at national yards, including any public assistance favoring shipowners with an indirect effect on shipbuilding or repair activities, and any assistance provided to suppliers of significant inputs to shipbuilding, which results in benefits to domestic shipbuilders.

(8) Any export subsidy identified in the Illustrative List of Export Subsidies in the Annex to the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement.

(Pub. L. 102567, title VI, § 607, Oct. 29, 1992, 106 Stat. 4302; Pub. L. 10636, title I, § 1002(f), June 25, 1999, 113 Stat. 133.)

Notes

Editorial Notes

Amendments1999—Subsec. (b)(8). Pub. L. 10636 substituted “Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19, or any other export subsidy prohibited by that agreement” for “Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade or any other export subsidy that may be prohibited as a result of the Uruguay Round of trade negotiations.”

Statutory Notes and Related Subsidiaries

Fisheries Research Vessel ProcurementPub. L. 106450, title IV, § 401, Nov. 7, 2000, 114 Stat. 1945, provided that: “Notwithstanding section 644 of title 15, United States Code, and section 19.5022 of title 48, Code of Federal Regulations, the Secretary of Commerce shall seek to procure Fisheries Research Vessels through full and open competition from responsible United States shipbuilding companies irrespective of size.”