The words "nor from obtaining a permit to unlade" are inserted at the end of the proviso to make clear that making preliminary entry does not obviate the requirement of a permit to unlade.

Other changes have been made in phraseology as required in the context of this act.

SEC. 932. UNLADING AT PORT OF ENTRY.-Except as provided in sections [442] 918 and [447] 930 of this Act (relating to residue cargo and to bulk cargo, respectively), merchandise and baggage imported in any vessel by sea shall be unladen at the port of entry to which such vessel is destined, unless (1) such vessel is compelled by any cause to put into another port of entry, and the [collector of] officer or employee designated by the Secretary for that purpose at such port issues a permit for the unlading of such merchandise or baggage, or (2) the Secretary [of the Treasury], because of an emergency existing at the port of destination, authorizes such vessel to proceed to another port of entry. Merchandise and baggage so unladen may be entered in the same manner as other imported merchandise or baggage and may be treated as unclaimed merchandise or baggage and stored at the expense and risk of the owner thereof, or may be reladen without entry upon the vessel from which it was unladen for transportation to its destination.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1449 (June 17, 1930, c. 497, title IV, § 449, 46 Stat. 714; 1950 Reorganization Plan No. 26, § 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose at" have been substituted for "collector of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

The words "of the Treasury" following "Secretary" have been omitted as Surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 933. GRANTING CLEARANCES. (a) The master or other person having the charge or command of any vessel bound to a foreign port shall deliver to the [collector of the district] officer or employee designated by the Secretary at the port or place 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] officer or employee to whom the manifest is delivered 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.

(b) 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] vessel not required, pursuant to sections 910 and 911 of this Act, to make entry at the customhouse [], 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] officer or employee designated by the Secretary, 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 nor less than $500, or if the cargo consists in any part of narcotic drugs, or any spirits, wines, or other alcoholic liquors (sea 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[:].

(c) [Provided, That in] In order that the commerce of the United States may move with expedition and without undue delay, the Secretary of the Treasury] is authorized to make regulations permitting the master of any vessel taking on cargo for a foreign port [or] for a port in noncontiguous territory belonging to the United States] to file a manifest as hereinbefore provided, and if the manifest be not a complete manifest and it so appears upon such manifest, the [collector of customs officer or employee designated by the Secretary for that purpose may grant clearance to the vessel in the case of an incomplete manifest, taking from the owner of the vessel, who may act in the premises by a duly authorized attorney in fact, a bond with security approved by the [collector of customs] officer or employee designated by the Secretary for that purpose in the penal sum of $1,000, conditioned that the master or someone for him will file a completed outward manifest not later than the fourth business day after the clearance of the vessel. In the event that the said complete outward manifest be not filed as required by the provisions of this [section] subsection and the regulations made by the Secretary [of the Treasury] in pursuance [hereof] thereof, then a penalty of $50 for each day's delinquency beyond the allowed period of four days for filing the completed manifest shall be exacted, and if the completed manifest be not filed within the three days following the four-day period, then for each succeeding day of delinquency a penalty of $100 shall be exacted, such penalties not to exceed $1,000 in the aggregate. Suit may be instituted in the name of the United States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 91 (R.S. § 4197; Aug. 5, 1935, c. 438, title II, § 209, 49 Stat. 526; June 16, 1938, c. 476, § 1, 52 Stat. 758, 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; Sept. 1, 1954, c. 1213, title V, § 501 (a), 68 Stat. 1140; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

This section has been divided into subsections consistent with the general arrangement of this act.

The words

"officer or employee designated by the Secretary for that purpose" or variations thereof have been substituted for the several references to "collector of the district," "collector," and "collector of customs" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs";

"vessel not required, pursuant to sections 910 and 911 of this Act, to make entry at the customhouse," have been substituted for the parenthetical "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" in subsection (b), and the parentheses deleted, so that reference is made to the several circumstances under which a vessel bound to a foreign port is not required to clear, instead of to the single circumstance concerning a "licensed yacht or an undocumented American pleasure vessel ***, In this connection, § 4.60(b), Customs Regulations, 19 CFR

4.60(b) provides:

(b) The following vessels are not required to clear:

“(1) A licensed yacht or undocumented American pleasure vessel not engaged in trade nor in any way violating the customs or navigation laws of the United States. [See sec. 910 of this act.]

"(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 sec. 911 of this act.]

"(3) A vessel exempted from entry by section 441, Tariff Act of 1930 [sec. 910 of this act].

"(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. [See sec. 910 of this act and note thereto.]";

"of the Treasury" following "Secretary" in subsection (c) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act;

"or for a port in noncontiguous territory belonging to the United States" in subsection (c) have been deleted because the authority of the Secretary of the Treasury in respect to manifests in noncontiguous trade was abrogated by the repeal of R.S. § 4200, as amended, and act Apr. 29, 1902, c. 637, 32 Stat. 172, as amended (46 U.S.C. 92, 95), by Public Law 87-826, Oct. 15, 1962, 76 Stat. 952-953 (13 U.S.C. 301-307). From and after Apr. 13, 1963, manifest requirements in noncontiguous trade are enforced by officers or employees designated by the Secretary of the Treasury for that purpose (formerly "collectors of customs"-1965 Reorganization Plan No. 1) under regulations of the Bureau of the Census, issued by the Secretary of Commerce with the concurrence of the Secretary of the Treasury, found in part 30, title 15, Code of Federal Regulations. See particularly 15 CFR 30.24; such penalties not to exceed $1,000 in the aggregate" have been inserted after "exacted" in subsection (c) to eliminate the inherent ambiguity in the subsection as presently constituted which requires a bond in the penal sum of $1,000 as security for penalties which in the absence of any limitation may exceed $1,000. It is established administrative practice that the maximum penalty which may be assessed for violation of the provisions of subsection (c) is $1,000 notwithstanding that the delay in filing may be of such duration that by exacting a penalty of $50 for each of three days beyond the period allowed and a penalty of $100 for each succeeding day beyond three days, penalties in excess of $1,000 may be incurred. The limitation of $1,000 in the aggregate is consistent with a similar limitation found in the regulations of the Bureau of the Census relating to delayed filing of manifests and shipper's export declarations found in 15 CFR 30.95, which provides that::

'Any person who violates any provisions *** relating to delayed filing of documents under bond as provided by § 30.24 shall be liable to the United States in civil penalty not exceeding $1,000 for each violation, as authorized by section 305 of chapter 9 of title 13 of the United States Code (13 U.S.C. 301-307, supra)."

Changes have been made in phraseology as required in the context of this act.

SEC. 934. FORM OF OUTWARD MANIFEST.-The form of the report and manifest to be delivered to the [collector] officer or employee designated by the Secretary for that purpose shall be as follows: Report and manifest of the cargo laden at the port of

on board the for port

master,

bound

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 93 (R.S. § 4199; 195 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035 79 Stat. 1317).

The words "officer or employee designated by the Secretary for that purpose' have been substituted for "collector" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

SEC. 935. OATth of Master ON CLEARANCE.-The oath to be taken by the master or commander of the vessel shall be as follows:

"I, (insert the name), master or commander of the (insert the denomination and name of the vessel), bound from the port of (insert the name of the port or place sailing from) to (insert the name of the port or place bound to), do solemnly, sincerely, and truly swear (or affirm, as the case may be) that the manifest of the cargo on board the said (insert denomination and name of the vessel), now delivered by me to the [collector of] officer or employee designated by the Secretary of the Treasury in this district, and subscribed with my name, contains, according to the best of my knowledge and belief, a full, just, and true account of all the goods, wares, and merchandise now actually laden on board the said vessel, and of the value thereof; and if any other goods, wares, or merchandise shall be laden or put on board the said (insert denomination and name of vessel) previous to her sailing from this port, I will immediately report the same to the said [collector] officer or employee. I do also swear (or affirm) that I [verily] believe the duties on all the foreign merchandise therein specified have been paid or secured, according to law, and that no part thereof is intended to be relanded within the United States, and that if by distress or other unavoidable accident it shall become necessary to reland the same, I will forthwith make a just and true report thereof to the [collector of customs of officer or employee designated by the Secretary of the Treasury in the district wherein such distress or accident may happen. (If sworn to, add 'So help me God.')"

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 94 (R.S. 4198; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The words "officer or employee designated by the Secretary of the Treasury in" and "officer or employee" have been substituted for "collector of," "collector," and "collector of customs of" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector of customs."

The words "If sworn to, add" have been inserted before " "So help me God.'" and the sentence placed in parentheses to indicate that the expression is unnecessary in the event the master affirms the truth of the manifest instead of swearing to the truth thereof.

The word "verily" before "believe" has been deleted as unnecessary and archaic. The words "If sworn to, add" have been inserted before" "So help me God.' "' and the sentence placed in parentheses to indicate that the expression is unnecessary in the event the master affirms the truth of the manifest instead of swearing to the truth thereof.

SEC. 936. FORM OF CLEARANCE.-(a) The form of a clearance [,] to be granted to a [ship or] vessel on her departure to a foreign port or place[] shall be as follows:

"These are to certify all whom it doth concern, that master or commander of the

abouts,

burden

mounted with guns, navigated with

and bound for

having on board

and cleared his said vessel according to law. and seals, at the customhouse of

one thousand

tons, or therebuilt,

men,

hath here entered

Given under our hands

this

day of

year of the Independ

ence of the United States of America." (b) Whenever any clearance is granted to any vessel of the United States[,] duly registered as such[] and bound on any foreign voyage, the [collector of the district] officer or employee designated by the Secretary for that purpose shall annex thereto,] in every case[] a copy of the rates or tariffs or fees which diplomatic and consular officers are entitled, by the regulations prescribed by the President, to receive for their services.

NOTE

This section is based on title 46, U.S. C. 1964 ed., § 96 (R.S. § 4201); R.S. 4207 (not codified), title 22, U.S.C. 1964 ed., § 1186 (June 26, 1884, c. 121, 12, 23 Stat. 56).

Subsection (a) is based on R.S. § 4201 (46 U.S.C. 96). The words "ship or" have been deleted as surplusage in the light of the definition of "vessel" in section 101 of this act. The phrase "mounted with guns," has been deleted because it is archaic.

Subsection (b) is based on R.S. § 4207 which is not included as a part of the United States Code. A schedule of the fees referred to appears on the reverse of customs form 1378, the certificate of clearance to a foreign port. The words "officer or employee designated by the Sec etary for that purpose" have been substituted for "collector of the district" in accordance with 1965 Reorganization Plan No. 1, which abolished the office of "collector [of customs]."

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 937. STEAMBOATS ON LAKE CHAMPLAIN.-The master or person having charge or command of any [steamboat] vessel propelled therwise than by sail on Lake Champlain, when going from the United States into the Province of Quebec, may deliver a manifest of the cargo on board[,] and take a clearance from the [collector of] officer or employee designated by the Secretary for that purpose in the district through which any such [boat] vessel shall last pass [,] when leaving the United States, without regard to the place from which any such [boat] vessel shall have commenced her voyage, or where her cargo shall have been taken on board.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 102 (R.S. § 4208; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

The word(s)

"vessel propelled otherwise than by sail" have been substituted for "steamboat" as being in accord with the intent of this section to distinguish sailing vessels from other vessels and at the same time affording the benefits of the