(a) The master of every vessel arriving at a port of the United States from foreign territory and required to make entry, except a vessel arriving from Canada, otherwise than by sea, at a port on the Great Lakes, or their connections or tributary waters," shall submit a passenger and crew list as required by § 4.7 (a). If the vessel is arriving from noncontiguous foreign territory and is carrying steerage passengers, the additional information respecting such rassengers required by customs and immigration Form I-418 shall be included therein.

(b) A passenger within the meaning of this part, except § 4.51, is any person carried on a vessel who is not connected with the operation of such vessel, her navigation, ownership, or business. (Sec. 9, 22 Stat. 189, as amended, sec. 431, 46 Stat. 710, as amended; 19 U.S.C. 1431, 46 U.S.C. 158) [28 F.R. 14596, Dec. 31, 1963 as amended by T.D. 71-169, 36 F.R. 12603, July 2, 1971]

port nearest to the place where such vessel was so raised free from the payment of any duty thereupon, but under such regulations as the Secretary of the Treasury may prescribe." (Tariff Act of 1930, sec. 310; 19 U.S.C. 1310)

18 Salvors have an uncertain interest in the goods salved, dependent upon the decree of a competent tribunal, and have a presumptive right without such decree to possession of merchandise salved by them from abandoned wrecks. The salvors are entitled in either case to make entry of derelict or wrecked goods.

TO "Notwithstanding any provision of law to the contrary, no collector of customs shall require a master or owner of a vessel arriving. otherwise than by sea, at a port or place in the United States on the Great Lakes, or their connecting or tributary waters, from a port or place in the Dominion of Canada to furnish a list of passengers on board such vessel." (60 Stat. 882)

DO "The master or person having the charge or command of any vessel bound to a foreign port shall deliver to the collector of the district from which such vessel is about to depart a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear to the truth thereof; whereupon the collector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in the clearance, unless required by the master or other person having the charge or command of such vessel so to do. If any vessel bound to a foreign port (other than a licensed yacht or an undocumented American pleasure vessel not engaged in any trade nor in any way violating the customs or navigation laws of the United States) departs from any port or place in the United States without a clearance, or if the master delivers a false manifest, or does not answer truly the questions demanded of him, or, having received a clearance adds to the cargo of such vessel without having mentioned in the report outwards the intention to do so, or if the departure of the vessel is delayed beyond the second day after obtaining clearance without reporting the delay to the collector, the master or other person having the charge or command of such vessel shall be liable to a penalty of not more than $1,000 or less than $500, or if the cargo consists in any part of narcotic drugs, or any spirits, wines, or other alcoholic liquors (see stores excepted), a penalty of not more than $5,000 nor less than $1,000 for each offense, and the vessel shall be detained in any port of the United States until the said penalty is paid or secured: *" (46 U.S.C. 91)

"Whenever. under any provision or provisions of any statute of the United States, it is made the duty of the masters of vessels to make entry and clearance of same, it shall be lawful for such duties to be performed by any licensed deck officer or purser or such vessel; and when such duties are performed by a licensed deck officer or pursuer of such vessel; such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels." (46 U.S.C. 91a) (For clearance via domestic ports, see § 4.87).

(2) Any vessel under frontier enrollment and license which during a voyage on the Great Lakes will touch at a foreign port only for taking on bunker fuel." (See § 4.82.)

(3) A vessel exempted from entry by section 441, Tariff Act of 1930."* (See § 4.5.)

(4) A vessel of less than 5 net tons which departs from the United States to proceed to a contiguous country otherwise than by sea.

(c) For the purposes of the laws relating to clearance of vessels, the Canal Zone is foreign territory. The certificate of clearance on customs Form 1378 shall be modified by striking out "to a foreign port" and substituting "to the Canal Zone." Vessels which will merely transit the Canal Zone without transacting any business there shall not be required to be cleared because of such transit. A vessel under enrollment and license or li

1 "Enrolled or licensed vessels engaged in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, 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, shall not thereby become liable to the payment of entry and clearance fees, as if from or to foreign ports: 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 the Treasury 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." (19 U.S.C. 288)

"See footnote 5, § 4.3.

cense is permitted to trade with the Canal Zone.

(d) In the event that departure is delayed beyond the second day after clearance, the delay shall be reported within 72 hours after clearance to the collector who shall note the fact of detention on the certificate of clearance and on the official record of clearance. When the proposed voyage is canceled after clearance, the reason therefor shall be reported in writing within 24 hours after such cancallation and the certificate of clearance and related papers shall be surrendered.

(e) No vessel shall be cleared for the high seas.

(R.S. 2793, as amended, 4197, as amended; 19 U.S.C. 288, 46 U.S.C. 91, 111, 123)

§ 4.61

Requirements for clearance.

(a) Application for clearance for a vessel intending to depart for a foreign port shall be made by filing the oath; Customs Form 1300, and a General Declaration, Customs Form 1301, by or on behalf of the master at the customhouse. The master, licensed deck officer, or purser may appear in person to clear the vessel, or the required oaths, related documents, and other papers properly executed by the master or other proper officer may be delivered at the customhouse by the vessel agent or other personal representative of the master. Clearance shall be granted on Customs Form 1378.

(b) Before clearance is granted to a vessel bound to a foreign port, the district director shall verify compliance with the requirements in respect of the following matters which are more fully stated in the provisions of law or of these regulations indicated in the list:

(1) Accounting for inward cargo (§ 4.62). (2) Outward foreign manifests; shippers export declarations (§4.63).

(3) Documentation (§ 4.64).

(4) Verification of nationality and tonnage ($4.65).

(5) Verification of inspection (4.66). (6) Inspection under State laws.

Collectors may pemit vessels to proceed to sea to adjust compasses, try out new machinery, clean tanks, etc., without requiring formal clearance.

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

(Footnotes continued on following page.)

(7) Closed ports or places (§ 4.67). (8) Crew; passengers (§ 4.68).

(9) Shipping articles and enforcement of Seamen's Act (§4.69).

(10) Medicine and slop chests." (11) Load line regulations."

(12) Carriage of United States securities, etc."

(13) Carriage of mail.

(14) Pratique (§ 4.70).

(15) Inspection of vessels carrying livestock (4.71).

(16) Inspection of meat, meat-food products, and inedible fats (§ 4.72).

(17) Tobacco seed and plants."

(18) Neutrality exportation of arms and munitions (§ 4.73).

(19) Payment of State and Federal fees and fees due the Government of the Virgin Islands of the United States.100

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." (46 U.S.C. 97) 9 See 46 U.S.C. 666, 669, 670, and 671,

* See 46 U.S.C. ch. 2A and the Coast Guard Load Line Regulations.

97 "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." (46 U.S.C. 98)

"See § 4.63 (b), 18 U.S.C. 1724 and 39 U.S.C. 496.

"It shall be unlawful to export any tobacco seed and/or live tobacco plants from the United States or any Territory subject to the jurisdiction thereof, to any foreign country, port, or place, unless such exportation and/or transportation is in pursuance of a written permit granted by the Secretary of Agriculture. Such permit shall be granted by the Secretary only upon application therefor and after proof satisfactory to him that such seed or plants are to be used for experimental purposes only." (7 U.S.C. 516)

100 "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

(20) Orders restricting shipping (§4.74). (21) Estimated duties deposited or a bond given to cover duties on foreign repairs and equipment for vessels of the United States (sec. 4.14).

(22) Illegal discharge of oil (§ 4.66a). (23) Attached or arrested vessel.100a

(24) Immigration laws.100b

(c) A new vessel built in the United States for foreign account shall be cleared under a certificate of record, customs Form 1316, in lieu of a marine document.

(d) Clearance shall not be granted to any foreign vessel using the flag of the United States or any distinctive signs or markings indicating that the vessel is an American vessel."

101

(46 U.S.C. 100) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 68–217, 33 F.R. 12308, Aug. 31, 1968; T.D. 69-210, 34 F.R. 14733, Sept. 24, 1969; T.D. 70-213, 35 F.R. 15637, Oct. 6, 1970; T.D. 71-169, 36 F.R. 12603, July 2, 1971; T.D. 73–250, 38 FR 24354, Sept. 7, 1973] § 4.62 Accounting for inward cargo.

Inward cargo discrepancies shall be accounted for and adjusted by correction of the manifest, but the vessel may be cleared and the adjustment deferred if the discharging officer's report has not been received. (See § 4.12.)

§ 4.63

Outward cargo declaration; shippers' export declarations.

(a) No vessel shall be cleared directly for a foreign port, or for a foreign port by way of another domestic port or other domestic ports (see § 4.87(b)), unless (1) there has been filed with the district director at the port from which clearance is being obtained an outward foreign manifest on Customs Form 1374 (the master's oath printed on that form need not be completed) covering all the cargo laden aboard the vessel at that port, together with the master's onth (see paragraph (e) of this section) and

other officer whose duty it may be to grant clearances, before a clearance is granted." (46 U.S.C. 100)

100a See Federal Rules of Civil Procedure, Supplemental Rule (Admiralty and Maritime) E(4) (b) (28 U.S.C. Appendix).

100b See 8 U.S.C. 1221, 1223, 1227, 1253, 1281, 1283-1286, 1322, and 1323; 8 CFR 280 (CRA 17-18-A).

101 "It shall be unlawful for any vessel belonging to or operating under the jurisdiction of any foreign state to use the flag of the United States thereon, or to make use of any distinctive signs or markings, indicating that the same is an American vessel." (22 U.S.C. 4548)

such export declarations as are required by pertinent regulations of the Bureau of the Census, Department of Commerce, or (2) unless the vessel is cleared on the basis of an incomplete manifest as provided for in § 4.75.

(b) Except as hereafter stated, the number of the export declaration covering each shipment for which an authenticated export declaration is required shall be shown on the outward foreign manifest in the marginal column headed "Number of Export Declaration." If an export declaration is not required for a shipment, a notation shall be made on the manifest describing the basis for the exemption with a reference to the number of the section in the Census Regulations (see §§ 30.39 and 30.50-30.57, title 15, Code of Federal Regulations) where the particular exemption is provided (however, where shipments are exempt on the basis of value and destination, the appearance of the value and destination on a bill of lading or other commercial form is acceptable as evidence of the exemption and reference to the applicable section in the Census Regulations is not required).

(c) The list of cargo may be shown on bills of lading, cargo lists, or other commercial forms, provided the manifest is completely executed on Customs Form 1374, except for particulars as to cargo; and provided also that the commercial forms are securely attached to the Customs form in such manner as to constitute one document; that they are incorporated by suitable reference on the face of the form such as "Cargo as per attached commercial forms;" and that there is shown on the face of each such commercial form the information required by Customs Form 1374 for the cargo covered by that form.

(d) For each shipment to be exported under an entry or withdrawal for expor tation or for transportation and exportation, the outward manifest or commercial document attached to the manifest and made a part thereof in accordance with paragraph (c) of this section shall clearly show for such shipment the number, date, and class of such customs entry or withdrawal (i.e., T. & E., Wd. T. & E., I.E., Wd. Ex., or Wd. T., as applicable) and the name of the port where the entry or withdrawal was filed if other than the port where the merchandise is laden for exportation.

The nationality and tonnage of a vessel shall be verified by examination of its marine document. If such examination discloses that insufficient tonnage tax was collected on entry of the vessel, no clearance shall be granted until the deficiency is paid.

§ 4.66 Verification of inspection.

(a) No clearance shall be granted unless the collector is satisfied that a proper certificate of inspection is in force and the vessel is in compliance with such certificate, if the vessel is

(1) A vessel of the United States required to be inspected as specified in Title 46, Code of Federal Regulations.

(2) A foreign vessel carrying passengers from the United States.

(b) In the case of vessels of foreign nations which are signatories of the International Convention for the Safety of Life at Sea, 1948, carrying passengers from the United States, an unexpired Certificate of Examination for Foreign Passenger Vessel, Form CG-989, or an unexpired Certificate for Foreign Vessel to Carry Persons in Addition to Crew, Form CG-3463, issued by the United States Coast Guard, may be accepted as evidence that a proper certificate of inspection is in force and the vessel is in compliance with such certificate.

102 A vessel of the United States may be cleared for Guantanamo Bay Naval Station or the Canal Zone under enrollment and license or license.

(c) In the case of vessels of the United States subject to inspection proceeding to another port for repairs, a valid Permit to Proceed to Another Port for Repairs, Form CG-948, issued by the United States Coast Guard, shall be accepted in lieu of the certificate of inspection required by this section.

(R.S. 4197, as amended, 4496; 46 U.S.C. 91, 494) IT.D. 56173, 29 F.R. 6681, May 22, 1964, as amended by T.D. 69-266, 84 F.R. 20422, Dec. 31, 1969]

§ 4.66a Illegal discharge of oil.

If a district director of customs receives a request from an officer of the U.S. Coast Guard to withhold clearance of a vessel whose owner or operator is subject to a civil penalty for knowingly discharging oil into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the contiguous zone in quantities determined to be harmful by appropriate authorities, such clearance shall not be granted until the request is withdrawn or until the district director is informed that a bond or other surety satisfactory to the Coast Guard has been filed.

(Sec. 11(b) (5), 84 Stat. 92. R.S. 4197, as amended; 33 U.S.C. 1161, 46 U.S.C. 91) [T.D. 70-213, 35 F.R. 15637, Oct. 6, 1970]

§ 4.66b Pollution of coastal and navigable waters.

(a) When any Customs officer has reason to believe that any refuse matter is being or has been deposited in navigable waters or any tributary of any navigable waters in violation of section 13 of the Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 407), or any hazardous substance is being or has been deposited in navigable waters or that oil is being or has been discharged into or upon the coastal or navigable waters of the United States in violation of the Water Quality Improvement Act of 1970 (84 Stat. 91, 98; 33 U.S.C. 1161, 1162), he shall promptly furnish to the district director a full report of the incident, together with the names of witnesses, and, when practicable, a sample of the material discharged from the vessel in question.

(b) The district director shall forward this report immediately, without recommendation, to the district commander of the Coast Guard district concerned and a copy of such report shall be furnished to Headquarters, U.S. Customs Service.

(30 Stat. 1152, 84 Stat. 91, 98; 33 U.S.C. 407, 1161, 1162) [T.D. 73-18, 38 F.R. 1587, Jan. 16, 1973]

§ 4.67 Closed ports or places.

No foreign vessel shall be granted a clearance or permit to proceed to any port or place from which such vessels are excluded by orders or regulations of the United States Navy Department except with the prior approval of that Department.

§ 4.68 Crew; passengers.

(a) No vessel to which R.S. 4573 applies shall be granted final clearance for a foreign port or a whaling voyage until a crew list is presented to the collector in duplicate on customs and immigration Form I-418. The collector shall certify the duplicate copy and return it to the master.

(b) No vessel shall be granted a clearance while it has on board any citizen of the United States except in accordance with the rules and regulations prescribed by the Secretary of State pursuant to Proclamation 2523 issued by the President on November 14, 1941 (3 CFR, 1943 Cum. Supp.).

(c) No vessel having berth or stateroom accommodations for 50 or more passengers and embarking passengers at U.S. ports shall be granted a clearance at the port or place of departure from the United States unless it is established that the vessel has valid certificates issued by the Federal Maritime Commission evidencing compliance with sections 2 and 3 of Public Law 89-777 (46 U.S.C. 817d, 817e).

(R.S. 4573, secs. 2, 3, 80 Stat. 1356, 1357; 46 U.S.C. 674, 817d, 817e) (80 Stat. 379; 6 U.S.C. 301) [28 F.R. 14596, Dec. 31, 1963, as amended by T.D. 67-214, 32 F.R. 13186, Sept. 16, 1967] § 4.69 Shipping articles and enforcement of Seamen's Act.

No vessel of the United States bound for a foreign port outside the British North American possessions, the West Indies, and Mexico shall be granted final clearance until there has been presented to the collector at the port of final departure the shipping articles of the vessel executed before a shipping commissioner on coast guard Form 705, 705-A, or 705-B; nor shall any vessel, bound for a foreign port, be granted final clearance until the collector is satisfied that there has been full compliance with the pertinent requirements of sections 11 and 13 of the Seamen's Act of March 4, 1915 (46 U.S.C. 599, 672), and the coast guard regulations issued thereunder, relating to