§1431a Documentation of Waterborne Cargo

Summary

All cargo leaving a U.S. port on a ship must have the right shipping papers before it is loaded. The shipper (including intermediaries who book space but do not operate ships) must give the carrier or its agent a full set of documents no later than 24 hours after the cargo is handed to the port operator, and in any case at least 24 hours before the ship sails. If an export declaration is required, provide a copy or, if filed in the Automated Export System (AES), the complete bill of lading and the master or equivalent shipping instructions with the Internal Transaction Number (ITN). If no export declaration is needed, provide an exemption statement and any other information Customs requires. Customs will set the exact way and timing to send these documents. Ports may not load cargo unless the carrier confirms it is properly documented. Carriers must tell Customs about any cargo that stays in the terminal more than 48 hours without proper papers and where it is located. If cargo is reassigned or moved under sharing arrangements, the booking carrier must report. Undocumented cargo left over 48 hours can be searched, seized, and forfeited. People who fail to provide required documents can be fined up to the cargo’s value or the actual transport cost, whichever is greater. Shippers must pay storage fees (demurrage) and other charges while Customs controls the cargo, and the port or carrier can place a lien unless the cargo is forfeited. "Marine terminal operator" means the company running the port area; "non-vessel-operating common carrier" means an intermediary that books space but does not operate ships.