19 U.S.C. § 1441 | Exceptions to vessel entry and clearance requirements

section 1434 of this title section 60105 of title 46The following vessels shall not be required to make entry under or to obtain clearance under :

(1)

Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade.

(2)

Provided Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: , That the master of any such vessel shall be required to report such baggage and merchandise to the appropriate customs officer within twenty-four hours after arrival.

(3)

Any vessel carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, if—

(A)

the vessel does not in any way violate the customs or navigation laws of the United States;

(B)

the vessel has not visited any hovering vessel; and

(C)

the master of the vessel, if there is on board any article required by law to be entered, reports the article to the Customs Service immediately upon arrival.

(4)

Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if—

(A)

section 1433 of this title the vessel complies with the reporting requirements of , and with the customs and navigation laws of the United States;

(B)

the vessel has not visited any hovering vessel; and

(C)

the master of, and any other person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.

(5)

Provided Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship’s stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship’s stores: , That the master, owner, or agent of such vessel shall report under oath to the appropriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship’s stores taken on board.

(6)

section 1434 of this title section 60105 of title 46 Any vessel required to anchor at the Belle Isle Anchorage in the waters of the Detroit River in the State of Michigan, for the purposes of awaiting the availability of cargo or berthing space or for the purpose of taking on a pilot or awaiting pilot services, or at the direction of the Coast Guard, prior to proceeding to the Port of Toledo, Ohio, where the vessel makes entry under or obtains clearance under .

June 17, 1930, ch. 497 46 Stat. 712 Aug. 5, 1935, ch. 438 49 Stat. 527 Aug. 14, 1937, ch. 620, § 1 50 Stat. 638 Sept. 1, 1954, ch. 1213 68 Stat. 1140 Pub. L. 91–271, title III, § 301(b)June 2, 197084 Stat. 287 Pub. L. 98–573, title II, § 204Oct. 30, 198498 Stat. 2974 Pub. L. 103–182, title VI, § 655Dec. 8, 1993107 Stat. 2210 Pub. L. 104–295, § 21(e)(5)Oct. 11, 1996110 Stat. 3530 Pub. L. 106–36, title I, § 1001(b)(10)June 25, 1999113 Stat. 132 Pub. L. 106–476, title I, § 1452(b)Nov. 9, 2000114 Stat. 2168(, title IV, § 441, ; , title III, § 302, ; , ; , title V, § 501(b), ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Codification

Section 60105 of title 46 Pub. L. 109–304, § 18(c)Oct. 6, 2006120 Stat. 1709 section 60105 of Title 46“” substituted in introductory provisions for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” and in par. (6) for “section 4197 of the Revised Statutes of the United States” on authority of , , , which Act enacted , Shipping.

Prior Provisions

act Sept. 21, 1922, ch. 356, title IV, § 441 42 Stat. 952June 17, 1930Provisions somewhat similar to those in par. (1) of this section were contained in R.S. § 2791. R.S. § 3123 provided that steam-tugs duly enrolled and licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, when exclusively employed in towing vessels, should not be required to report and clear at the custom-house but that when employed in towing rafts or other vessels without sale or steam motive-power, not required to be enrolled or licensed they should report and clear in the same manner as other vessels. Both sections were superseded and more closely assimilated to this section by , , and repealed by section 642 thereof. Section 441 of the 1922 act was superseded by section 441 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments

Pub. L. 106–4762000—Par (6). added par. (6).

Pub. L. 106–361999—Par. (6). struck out par. (6) which read as follows: “Tugs documented under chapter 121 of title 46 with a Great Lakes endorsement when towing vessels which are required by law to enter and clear.”

Pub. L. 104–2951996—Pars. (1), (2), (4), (5). substituted period for semicolon at end of pars. (1), (2), and (4) and substituted period for “; and” at end of par. (5).

Pub. L. 103–182, § 655(1)1993—, (5), substituted catchline for one which read “Vessels not required to enter” and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The following vessels shall not be required to make entry at the customhouse:”.

Pub. L. 103–182, § 655(2)ProvidedProvided furtherPar. (3). , amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, and licensed yachts or undocumented American pleasure vessels not engaged in trade: , That such vessels do not in any way violate the customs or navigation laws of the United States and have not visited any hovering vessel: , That the master of any such vessel which has on board any article required by law to be entered shall be required to report such article to the appropriate customs officer within twenty-four hours after arrival.”

Pub. L. 103–182, § 655(3)Pars. (4), (5). , added par. (4) and redesignated former par. (4) as (5). Former par. (5) redesignated (6).

Pub. L. 103–182, § 655(3)Par. (6). , (4), redesignated par. (5) as (6) and substituted “documented under chapter 121 of title 46 with a Great Lakes endorsement” for “enrolled and licensed to engage in the foreign and coasting trade in the northern, northeastern, and northwestern frontiers”.

Pub. L. 98–5731984—Par. (3). amended par. (3) generally, inserting provision referring to vessels carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning.

Pub. L. 91–2711970—Pars. (2) to (4). substituted references to appropriate customs officer for references to collector wherever appearing.

Sept. 1, 19541954—Par. (3). Act , exempted undocumented American pleasure vessels from entry requirements, and provided that both yachts and undocumented pleasure vessels report to the collector of customs, within 24 hours after arrival, all articles, whether dutiable or not, for which a customs entry is required.

Aug. 14, 19371937—Par. (4). Act , substituted “sea stores, or ship’s stores” for “or necessary sea stores” wherever appearing.

Aug. 5, 19351935—Par. (3). Act. , inserted “And not visiting any hovering vessel, nor having at any time or, if forfeited to the United States or to a foreign government, at any time after forfeiture, become liable to seizure and forfeiture for any violation of the laws of the United States”.

Statutory Notes and Related Subsidiaries

Effective Date of 2000 Amendment

Pub. L. 106–476Nov. 9, 2000section 1471 of Pub. L. 106–476 section 58c of this titleAmendment by , except as otherwise provided, applicable with respect to goods entered, or withdrawn from warehouse, for consumption, on or after the 15th day after , see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–573Oct. 30, 1984Pub. L. 98–573 section 1304 of this titleAmendment by applicable with respect to vessels returning from the British Virgin Islands on or after 15th day after , see section 214(a), (c)(1) of , set out as a note under .

Effective Date of 1970 Amendment

Pub. L. 91–271 section 203 of Pub. L. 91–271 section 1500 of this titleFor effective date of amendment by , see , set out as a note under .

Effective Date of 1937 Amendment

Act Aug. 14, 1937, ch. 620, § 2 50 Stat. 638

Aug. 14, 1937“The amendment made by this Act [amending this section] shall take effect on the day following the date of its enactment [].”

, , provided that:

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .