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Provisions concerning custody and storage of vessels, vehicles, merchandise and baggage seized under laws relating to entry or clearance of vessels, see section 1605 of Title 19, Customs Duties.

§ 91. Clearance; vessels

(a) When required; vessels of United States

Except as otherwise provided by law, any vessel of the United States shall obtain clearance from the Customs Service 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 bonded merchandise or 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) When required; other vessels

Except as otherwise provided by law, any vessel that is not a vessel of the United States shall obtain clearance from the Customs Service 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 of the Treasury 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 the Customs Service to grant clearance for a vessel under this section 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 of the Treasury conditioned upon 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 of the Treasury; and

(3) authorize the Customs Service to permit clearance of any vessel to be obtained at a place other than a designated port of entry, under such conditions as he may prescribe.

(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.)

Codification

R.S. § 4197 derived from act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 698.

1993--Pub. L. 103-182 amended section generally, substituting present provisions for provisions which directed master of any vessel bound to a foreign port to deliver to district collector a manifest of all cargo on board, subject to financial penalties for delivery of false manifest and detainment of vessel until penalty is paid, but authorizing Secretary of Commerce, in interest of expediting commerce, to make regulations permitting master to file incomplete manifest and grant vessel clearance upon filing a bond and making assurance that a completed manifest will be filed not later than the fourth business day after clearance of the vessel, with financial penalties and possible suit resulting from failure to file completed manifest when due.

1954--Act Sept. 1, 1954, exempted undocumented pleasure vessels of the United States from clearance requirements.

1938--Act June 16, 1938, inserted proviso and all that follows.

1935--Act Aug. 5, 1935, substituted second sentence for "If any vessel bound to a foreign port departs on her voyage to such foreign port without delivering such manifest and obtaining a clearance, as required, the master or other person having the charge or command of such vessel shall be liable to a penalty of $500 for every such offense."

Section 3 of act June 16, 1938, provided that the amendments to this section by section 1 of the act, should not affect any other existing law.

Bond to deliver cargo at destination named in clearance and to prohibit its use in aiding or comforting persons in insurrection against United States, see section 225 of Title 50, War and National Defense.

Refusing clearance to vessels with suspected cargoes intended for port in possession or under control of insurgents against United States, see section 224 of Title 50.

Vessels arriving at ports of United States, manifest, requirement, form, and contents, see section 1431 et seq., of Title 19, Customs Duties.

This section is referred to in sections 817d, 817e, 876, 1710a, 1712 of this Appendix; title 16 sections 1826a, 4711; title 18 section 965; title 19 sections 1431, 1436, 1441; title 33 sections 1232, 1321, 1517, 1904, 1908, 2072, 2236, 2605, 2716; title 42 section 9608; title 46 sections 2110, 3205, 3318, 3718, 5113; title 49 section 5122; title 50 App. section 13.

§ 97. State inspection laws

The collectors and other officers of the customs shall pay due regard to the inspection laws of the States in which they may respectively act, in such manner that no vessel having on board goods liable to inspection shall be cleared until the master, or other proper person, shall have produced such certificate that all such goods have been duly inspected, as the laws of the respective States may require to be produced to collectors or other officers of the customs.

(R.S. § 4202.)

Codification

R.S. § 4202 derived from act Mar. 2, 1799, ch. 22, § 93, 1 Stat. 699.

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

§ 98. Conveyance of bullion, coin, notes, or bonds for United States

All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States, shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice consul, or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business.

(R.S. § 4204; Apr. 5, 1906, ch. 1366, § 3, 34 Stat. 100.)

Codification

R.S. § 4204 derived from act July 4, 1864, ch. 249, § 10, 13 Stat. 392.

Reference to "or commercial" before "or other agent" was omitted in view of the abolition of the grade of commercial agent by act Apr. 5, 1906.

§ 100. Payment of fees on vessels outward bound

Previous to a clearance being granted to any vessel, outward bound, the legal fees which shall have accrued on such vessel shall be paid at the offices where such fees are respectively payable; and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances, before a clearance is granted.

(R.S. § 4206.)

Codification

R.S. § 4206 derived from acts Mar. 3, 1797, ch. 9, § 5, 1 Stat. 503; Mar. 2, 1799, ch. 22, § 93, 1 Stat. 699.

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.

Establishment and collection of fees for certain services to vessels, see section 2110 of Title 46, Shipping.

§ 104. Reciprocal exemption of foreign yachts from charges and tonnage taxes; licenses

Whenever it shall be made to appear to the satisfaction of the President of the United States that yachts used and employed exclusively as pleasure vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Commissioner of Customs may authorize and direct the customs authorities at the various ports of entry of the United States to allow yachts from such foreign port used and employed exclusively as pleasure vessels to arrive at and depart from any port of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes, but the Commissioner of Customs may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this section to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Commissioner of Customs may deem proper.

(May 28, 1908, ch. 212, § 5, 35 Stat. 425; Aug. 5, 1909, ch. 6, § 37, 36 Stat. 112; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; 1946 Reorg. Plan No. 3, § 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; June 26, 1948, ch. 673, 62 Stat. 1051.)

Codification

This section was not amended or repealed by section 36 of the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, 36 Stat. 111, relating to tonnage duties, but so much of it as related to yachts built outside the United States and owned by citizens of the United States was repealed by section 37 of that act, which was itself repealed by the Underwood Tariff Act of Oct. 13, 1913, ch. 16, § IV, S, 38 Stat. 201.

In text, the words "and subports" and "or subport" following "various ports" and "arrive at and depart from any port" respectively, were omitted.

By subdivision II of the President's plan of reorganization of the Custom Service under the grant of authority contained in act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, subports of entry not therein designated ports of entry were abolished and the use of the term "subport of entry" was discontinued.

1948--Act June 26, 1948, removed the discrimination against yachts which do not belong to "regularly organized yacht clubs".

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, § 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Customs, referred to in text, is an officer of Department of the Treasury.

"Commissioner of Customs" substituted in text for "Secretary of Commerce" on authority of Reorg. Plan No. 3 of 1946, § 101-104, set out as a note preceding section 3 of this Appendix.

Upon incorporation into the Code, "Secretary of Commerce" substituted for "Secretary of Commerce and Labor" to conform to act Mar. 4, 1913.

For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, eff. Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President.

Administrative delegation of functions by Secretary of the Treasury, see note set out preceding section 3 of this Appendix.

Provisions relating to tonnage duties, see section 121 et seq. of this Appendix.

§ 111. Documented vessels with registry endorsement in trade with Canada

Documented vessels with a registry endorsement, engaged in foreign trade on the Great Lakes or their tributary or connecting waters in trade with Canada, shall not thereby become liable to the payment of entry and clearance fees.

(R.S. § 2793; Sept. 25, 1941, ch. 423, 55 Stat. 733; Pub. L. 103-182, title VI, § 686(a)(1), Dec. 8, 1993, 107 Stat. 2220; Pub. L. 104-324, title XI, § 1115(b)(4), Oct. 19, 1996, 110 Stat. 3972.)

Codification

R.S. § 2793 derived from J. Res. Feb. 10, 1871, No. 27, § 2, 16 Stat. 595.

Provisions of this section are also classified to section 288 of Title 19, Customs Duties.

Provision of R.S. § 2793 respecting tonnage duties is classified to section 123 of this Appendix.

1996--Pub. L. 104-324 substituted "registry endorsement, engaged in foreign trade on the Great Lakes or their tributary or connecting waters in trade with Canada," for "coastwise, Great Lakes endorsement, departing from or arriving at a port in one district to or from a port in another district, and also touching at intermediate foreign ports," and struck out ", as if from or to foreign ports" after "clearance fees".

1993--Pub. L. 103-182 substituted "Documented vessels with a coastwise, Great Lakes endorsement," for "Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States," and a period for "; but such vessel shall, notwithstanding, be required to enter and clear; except that when such vessels are on such voyages on the Great Lakes and touch at foreign ports for the purpose of taking on bunker fuel only, they may be exempted from entering and clearing under such rules and regulations as the Secretary of Commerce may prescribe, notwithstanding any other provisions of law: Provided, That this exception shall not apply to such vessels if, while at such foreign port, they land or take on board any passengers, or any merchandise other than bunker fuel, receive orders, discharge any seamen by mutual consent, or engage any seamen to replace those discharged by mutual consent, or transact any other business save that of taking on bunker fuel."

1941--Act Sept. 25, 1941, inserted exception and proviso at end of section.

Vessels not required to make entry, see section 1441 of Title 19, Customs Duties.