Title 46, ShippingRelease 119-110

§70121 Withholding of Clearance

Title 46 › Subtitle VII — Security and Drug Enforcement › CHAPTER 701 — PORT SECURITY › SUBCHAPTER I — GENERAL › § 70121

Last updated Sep 22, 2026|Official source

Summary

The Secretary can refuse or take away a vessel’s clearance under section 60105 if the vessel’s owner, agent, master, officer, or person in charge is liable for a penalty under section 70119 or there is reasonable cause to think they might be. The Secretary may also require a bond or other surety to be filed before granting or restoring that clearance.

Full Legal Text

Title 46, §70121

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(a)Refusal or Revocation of Clearance.—
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title.
(b)Clearance Upon Filing of Bond or Other Surety.—
The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Pub. L. 110–181 repealed Pub. L. 109–304, § 15(33)(B), (D)(i). See 2006 Amendment notes below. 2006—Pub. L. 109–304, § 15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241, § 901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and

Construction

of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(2), renumbered section 70118 of this title, as added by Pub. L. 108–293, § 802(a)(2), as this section. Subsec. (a). Pub. L. 109–304, § 15(33)(D)(ii), substituted “section 60105 of this title” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”. Pub. L. 109–304, § 15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241, § 901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and

Construction

of 2006 Amendment note below. Pub. L. 109–241, § 901(l)(4), substituted “section 70119” for “section 70120”.

Statutory Notes and Related Subsidiaries

Construction

of 2006 AmendmentProvisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.

Reference

Citations & Metadata

Citation

46 U.S.C. § 70121

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110