U.S. Code » Title 46 » Subtitle Subtitle VI— Clearance, Tonnage Taxes, and Duties › Chapter CHAPTER 601— ARRIVAL AND DEPARTURE REQUIREMENTS

46 U.S.C. § 60105

Clearance of vessels

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 46 CasesGoogle Scholar
(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.(Pub. L. 109–304, § 9(b), Oct. 6, 2006, 120 Stat. 1675.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

60105

46 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).

Notes of Decisions
Cited in 6 cases, 2013–2017 · leading case: Angelex LTD. v. United States, 723 F.3d 500 (4th Cir. 2013).
Sort: Relevance Newest Treatment
Angelex LTD. v. United States, 723 F.3d 500 (4th Cir. 2013). “” (emphases added)); see also 46 U.S.C. § 60105 (b) (“[A] vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port of place in the United States.”
Watervale Marine Co., Ltd. v. United States Dep't of Homeland Sec., 55 F. Supp. 3d 124 (D.D.C. 2014). · cites it 2× “Pursuant to 46 U.S.C. § 60105 (b) (2014), a foreign-flagged ship must obtain departure clearance from Customs and Border Protection (“Customs”) before it may depart a U.”
Watervale Marine Co. v. United States Dep't of Homeland Sec., 807 F.3d 325 (D.C. Cir. 2015). · cites it 2× “See 46 U.S.C. § 60105 (b). But a specific provision of the Act deals with the enforcement of the Convention: If any ship subject to the [Convention]…is liable for a fine or civil penalty under this section, or if reasonable cause exists to believe that the ship, its owner,…”
Angelex Ltd. v. United States, 123 F. Supp. 3d 66 (D.D.C. 2015). “See 46 U.S.C. § 60105 (b). A ship’s clearance may be granted or reinstated “upon the filing of a bond or other surety satisfactory to the Secretary” of Homeland Security.”
Angelex Ltd. v. United States, 272 F. Supp. 3d 64 (D.D.C. 2017). “46 U.S.C. § 60105 (b). However, under 33 U.”
Watervale Marine Co., Ltd. v. United States Dep't of Homeland Sec. (D.D.C. 2014). · cites it 2× “Pursuant to 46 U.S.C. § 60105 (b) (2014), a foreign-flagged ship must obtain departure clearance from Customs and Border Protection (“Customs”) before it may depart a U.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.