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Title 46, ShippingRelease 119-102

§42107 Refusal of Clearance and Entry

Title 46 › Subtitle IV — Regulation of Ocean Shipping › Part B — Actions To Address Foreign Practices › CHAPTER 421 — REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE › § 42107

Last updated Aug 21, 2026|Official source

Summary

When the Federal Maritime Commission asks, the Secretary of Homeland Security must refuse the clearance required by section 60105 to any vessel of a country the Commission names under section 42101. The Secretary must also collect any fees the Commission imposes under section 42106(4). The Secretary of the department that runs the Coast Guard must either deny entry for oceanborne trade to those vessels at U.S. ports or waters, or detain the vessel at the port it is about to leave if it is bound for another U.S. port.

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

Aug 21, 2026

Release point: 119-102