PRIA, Government Policy, Made Personal

Summary

Vessels leaving a U.S. port must get clearance from the Secretary of Homeland Security in certain situations. Both U.S. and non‑U.S. vessels need clearance before sailing to a foreign port, before going to another U.S. port, or before going outside the territorial sea to meet, receive, or deliver goods. A U.S. vessel only needs clearance to go to another U.S. port when it has foreign goods on board that have not been entered. The Secretary can make rules about how to get clearance and what information must be given. The Secretary can allow early clearance if the owner files a bond set by the Secretary that promises the owner will meet all rules within a time the Secretary sets (no more than 4 business days). The Secretary can also allow clearance at places that are not official ports of entry under rules the Secretary sets.

Title 46, §60105

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(a)Vessels of the United States.—

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)Other Vessels.—

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)Regulations.—

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.

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).

§60105 Clearance of Vessels

Summary

Title 46, §60105

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata