Title 46 — ShippingRelease 119-73
§42107 Refusal of clearance and entry
Title 46 › Subtitle Subtitle IV— - Regulation of Ocean Shipping › Part Part B— - Actions To Address Foreign Practices › Chapter CHAPTER 421— - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE › § 42107
Summary
If the Federal Maritime Commission asks, the Secretary of Homeland Security must refuse the required clearance and collect fees the Commission imposes for vessels from countries named in its rule. The department head running the Coast Guard must deny those vessels entry for oceanborne trade to U.S. ports or detain them there.
Full Legal Text
Title 46, §42107
Shipping — Source: USLM XML via OLRC
At the request of the Federal Maritime Commission—
(1)the Secretary of Homeland Security shall—
(A)refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and
(B)collect any fees imposed by the Commission under section 42106(4) of this title; and
(2)the Secretary of the department in which the Coast Guard is operating shall—
(A)deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B)detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 4210746 App.:876(j).June 5, 1920, ch. 250, § 19(j); as added Pub. L. 101–595, title I, § 103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, § 301, Oct. 14, 1998, 112 Stat. 1915. In paragraph (1), the words “Secretary of Homeland Security” are substituted for “collector of customs at the port or place of destination in the United States” because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
Reference
Citations & Metadata
Citation
46 U.S.C. § 42107
Title 46 — Shipping
Last Updated
Apr 6, 2026
Release point: 119-73