Title 46ShippingRelease 119-73

§60105 Clearance of vessels

Title 46 › Subtitle Subtitle VI— - Clearance, Tonnage Taxes, and Duties › Chapter CHAPTER 601— - ARRIVAL AND DEPARTURE REQUIREMENTS › § 60105

Last updated Apr 6, 2026|Official source

Summary

Vessels must get clearance from the Secretary of Homeland Security before leaving a U.S. port in certain cases. For U.S. vessels, clearance is required before sailing to a foreign port, before going to another U.S. port if they have foreign goods on board that have not been entered, and before going outside the territorial sea to visit a hovering vessel or to receive merchandise. For non‑U.S. vessels, clearance is required before going to a foreign port, before going to another U.S. port, and before going outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise. The Secretary can make rules about how to obtain clearance, including what papers or electronic information must be sent and how. The Secretary can allow clearance before every requirement is met if the owner or operator posts a bond in an amount set by the Secretary and agrees to meet the remaining requirements within a time the Secretary sets, not more than 4 business days. The Secretary can also allow clearance at places that are not official ports of entry under conditions the Secretary sets.

Full Legal Text

Title 46, §60105

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(a)Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States—
(1)for a foreign port or place;
(2)for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or
(3)outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea.
(b)Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States—
(1)for a foreign port or place;
(2)for another port or place in the United States; or
(3)outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea.
(c)The Secretary may by regulation—
(1)prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;
(2)permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and
(3)permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 6010546 App.:91.R.S. § 4197; Aug. 5, 1935, ch. 438, title II, § 209, 49 Stat. 526; June 16, 1938, ch. 476, § 1, 52 Stat. 758; Sept. 1, 1954, ch. 1213, title V, § 501(a), 68 Stat. 1140; Pub. L. 103–182, title VI, § 686(b), Dec. 8, 1993, 107 Stat. 2221; Pub. L. 106–476, title I, § 1452(a)(3), Nov. 9, 2000, 114 Stat. 2167. The Secretary of Homeland Security is substituted for the Customs Service and for the Secretary of the Treasury 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).

Reference

Citations & Metadata

Citation

46 U.S.C. § 60105

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73