19 CFR 4.61 - Requirements for clearance.

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There is 1 rule appearing in the Federal Register for 19 CFR 4. View below or at eCFR (GPOAccess)
§ 4.61 Requirements for clearance.
(a) Application for clearance. A clearance application for a vessel intending to depart for a foreign port must be made by filing Customs Form 1300 (Vessel Entrance or Clearance Statement) executed by the vessel master or other proper officer. The master, licensed deck officer, or purser may appear in person to clear the vessel, or the properly executed Customs Form 1300 may be delivered to the customhouse by the vessel agent or other personal representative of the master. Necessary information may also be transmitted electronically pursuant to a system authorized by Customs. Clearance will be granted by Customs either on the Customs Form 1300 or by approved electronic means. Customs port directors may permit the clearance of vessels at locations other than the customhouse, and at times outside of normal business hours. Customs may take local resources into consideration in allowing clearance to be transacted on board vessels themselves or at other mutually convenient sites and times either within or outside of port limits. Customs must be satisfied that the place designated for clearance is sufficiently under Customs control at the time of clearance, and that the expenses incurred by Customs will be reimbursed as authorized. Customs may require that advance notice of vessel departure be given prior to granting requests for optional clearance locations.
(b) When clearance required. Under certain circumstances, American vessels departing from ports of the United States directly for other United States ports must obtain Customs clearance. The clearance of such vessels is required when they have merchandise aboard which is being transported in-bond, or when they have unentered foreign merchandise aboard. For the purposes of the vessel clearance requirements, merchandise transported in-bond does not include bonded ship's stores or supplies. While American vessels transporting unentered foreign merchandise must fully comply with usual clearance procedures, American vessels carrying no unentered foreign merchandise but that have in-bond merchandise aboard may satisfy vessel clearance requirements by reporting intended departure within 72 hours prior thereto by any means of communication that is satisfactory to the local Customs port director, and by presenting a completed Customs Form 1300 (Vessel Entrance or Clearance Statement). Also, the Customs officer may require the production of any documents or papers deemed necessary for the proper inspection/examination of the vessel, cargo, passenger, or crew. Report of departure together with providing information to Customs as specified in this paragraph satisfies all clearance requirements for the subject vessels.
(c) Verification of compliance. Before clearance is granted to a vessel bound to a foreign port as provided in § 4.60 and this section, the port director will verify compliance with respect to the following matters:
(1) Accounting for inward cargo (see § 4.62).
(2) Outward Cargo Declarations; shippers export declarations (see § 4.63).
(3) Documentation (see § 4.0(c)).
(4) Verification of nationality and tonnage (see § 4.65).
(5) Verification of inspection (see § 4.66).
(6) Inspection under State laws (46 U.S.C. App. 97).
(7) Closed ports or places (see § 4.67).
(8) Passengers (see § 4.68).
(9) Shipping articles and enforcement of Seamen's Act (see § 4.69).
(10) Medicine and slop chests.
(11) Load line regulations (see § 4.65a).
(12) Carriage of United States securities, etc. (46 U.S.C. App. 98).
(13) Carriage of mail.
(14) Public Health regulations (see § 4.70).
(15) Inspection of vessels carrying livestock (see § 4.71).
(16) Inspection of meat, meat-food products, and inedible fats (see § 4.72).
(17) Neutrality exportation of arms and munitions (see § 4.73).
(18) Payment of State and Federal fees and fees due the Government of the Virgin Islands of the United States (46 U.S.C. App. 100).
(19) Orders restricting shipping (see § 4.74).
(20) Estimated duties deposited or a bond given to cover duties on foreign repairs and equipment for vessels of the United States (see § 4.14).
(21) Illegal discharge of oil (see § 4.66a).
(22) Attached or arrested vessel.
(23) Immigration laws.
(24) Electronic receipt of required vessel cargo information (see § 192.14(c) of this chapter).
(d) Vessel built for foreign account. A new vessel built in the United States for foreign account will be cleared under a certificate of record, Coast Guard Form 1316, in lieu of a marine document.
(e) Clearance not granted. Clearance will 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 (22 U.S.C. 454a).
(f) Clearance in order of itinerary. Unless otherwise provided in this section, every vessel bound for a foreign port or ports will be cleared for a definite port or ports in the order of its itinerary, but an application to clear for a port or place for orders, that is, for instructions to masters as to destination of the vessel, may be accepted if the vessel is in ballast or if any cargo on board is to be discharged in a port of the same country as the port for which clearance is sought.
[T.D. 00-4, 65 FR 2874, Jan. 19, 2000; T.D. 00-22, 65 FR 16515, Mar. 29, 2000; CBP Dec. 03-32, 68 FR 68169, Dec. 5, 2003]

Title 19 published on 2014-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-11-26; vol. 79 # 228 - Wednesday, November 26, 2014
    1. 79 FR 70462 - Technical Amendment: Boarding of Vessels at CBP Ports
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule; technical amendment.
      Effective November 26, 2014.
      19 CFR Part 4

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 6 - DOMESTIC SECURITY
U.S. Code: Title 8 - ALIENS AND NATIONALITY
U.S. Code: Title 19 - CUSTOMS DUTIES

§ 66 - Rules and forms prescribed by Secretary

§ 288 - Documented vessels

§ 293 - Documented vessels touching at foreign ports

§ 294 - No duty by reason of documented vessel touching at foreign port

§ 1322 - International traffic and rescue work; United States-Mexico Boundary Treaty of 1970

§ 1431 - Manifests

§ 1433 - Report of arrival of vessels, vehicles, and aircraft

§ 1434 - Entry; vessels

§ 1436 - Penalties for violations of arrival, reporting, entry, and clearance requirements

§ 1441 - Exceptions to vessel entry and clearance requirements

§ 1442 - Residue cargo

§ 1446 - Supplies and stores retained on board

§ 1447 - Place of entry and unlading

§ 1448 - Unlading

§ 1449 - Unlading at port of entry

§ 1450 - Unlading on Sundays, holidays, or during overtime hours

§ 1451 - Extra compensation

§ 1451a - Repealed.

§ 1452 - Lading on Sundays, holidays, or at night

§ 1453 - Lading and unlading of merchandise or baggage; penalties

§ 1454 - Unlading of passengers; penalty

§ 1457 - Time for unlading

§ 1458 - Bulk cargo, time for unlading

§ 1484b - Deferral of duty on large yachts imported for sale at United States boat shows

§ 1486 - Administration of oaths

§ 1490 - General orders

§ 1498 - Entry under regulations

§ 1505 - Payment of duties and fees

§ 1581 - Boarding vessels

§ 1584 - Falsity or lack of manifest; penalties

§ 1586 - Unlawful unlading or transshipment

§ 1622 - Foreign landing certificates

§ 1623 - Bonds and other security

§ 1624 - General regulations

§ 1706 - Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise

§ 1706a - Civil penalties for trading without required certificate of documentation

§ 2071 note - Establishment of Service; Commissioner; appointment

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 33 - NAVIGATION AND NAVIGABLE WATERS
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 46 - SHIPPING

§ 501 - Waiver of navigation and vessel-inspection laws

§ 2107 - Civil penalty procedures

§ 2108 - Repealed.

§ 3502 - List or count of passengers

§ 5101 - Definitions

§ 5102 - Application

§ 5106 - Load line certificate

§ 5107 - Delegation of authority

§ 5108 - Special exemptions

§ 5109 - Reciprocity for foreign vessels

§ 5112 - Loading restrictions

§ 5113 - Detention of vessels

§ 5114 - Use of Customs Service officers and employees for enforcement

§ 5116 - Penalties

§ 8103 - Citizenship and Navy Reserve requirements

§ 10301 - Application

§ 10302 - Shipping articles agreements

§ 10314 - Advances

§ 10315 - Allotments

§ 12101 - Definitions

§ 12108

§ 12112 - Coastwise endorsement

§ 12118 - Owners engaged primarily in manufacturing or mineral industry

§ 12120 - Liquified gas tankers

§ 12132 - Loss of coastwise trade privileges

§ 14306 - Reciprocity for foreign vessels

§ 14502 - Measurement

§ 14511 - Application

§ 14512 - Standard tonnage measurement

§ 14513 - Dual tonnage measurement

§ 14701 - General violation

§ 14702 - False statements

§ 44101 - Application

§ 44102 - Financial responsibility to indemnify passengers for nonperformance of transportation

§ 44103 - Financial responsibility to pay liability for death or injury

§ 44104 - Civil penalty

§ 44105 - Refusal of clearance

§ 44106 - Conduct of proceedings

46 U.S. Code § 3901, 3902 - Repealed.

§ 50501 - Entities deemed citizens of the United States

§ 50502 - Applicability to receivers, trustees, successors, and assigns

§ 50503 - Oceanographic research vessels

§ 50504 - Sailing school vessels

§ 51101 - Policy

§ 51102 - Definitions

§ 51103 - General authority of Secretary of Transportation

§ 51104 - General authority of Secretary of the Navy

§ 51301 - Maintenance of the Academy

§ 51302 - Nomination and competitive appointment of cadets

§ 51303 - Non-competitive appointments

§ 51304 - Additional appointments from particular areas

§ 51305 - Prohibited basis for appointment

§ 51306 - Cadet commitment agreements

§ 51307 - Places of training

§ 51308 - Uniforms, textbooks, and transportation allowances

§ 51309 - Academic degree

§ 51310 - Deferment of service obligation under cadet commitment agreements

§ 51311 - Midshipman status in the Navy Reserve

§ 51312 - Board of Visitors

§ 51313 - Advisory Board

§ 51314 - Limitation on charges and fees for attendance

§ 51315 - Gifts to the Merchant Marine Academy

§ 51316 - Temporary appointments to the Academy

§ 51317 - Adjunct professors

§ 51501 - General support program

§ 51502 - Detailing of personnel

§ 51503 - Regional maritime academies

§ 51504 - Use of training vessels

§ 51505 - Annual payments for maintenance and support

§ 51506 - Conditions to receiving payments and use of vessels

§ 51507 - Places of training

§ 51508 - Allowances for students

§ 51509 - Student incentive payment agreements

§ 51510 - Deferment of service obligation under student incentive payment agreements

§ 51511 - Midshipman status in the Navy Reserve

§ 51701 - United States Maritime Service

§ 51702 - Civilian nautical schools

§ 51703 - Additional training

§ 51704 - Training for maritime oil pollution prevention, response, and clean-up

§ 51901 - Awards for individual acts or service

§ 51902 - Gallant Ship Award

§ 51903 - Multiple awards

§ 51904 - Presentation to representatives

§ 51905 - Flags and grave markers

§ 51906 - Special certificates for civilian service to armed forces

§ 51907 - Provision of decorations, medals, and replacements

§ 51908 - Prohibition against unauthorized manufacture, sale, possession, or display of awards

§ 52101 - Reemployment rights for certain merchant seamen

§ 53101 - Definitions

§ 53102 - Establishment of Maritime Security Fleet

§ 53103 - Award of operating agreements

§ 53104 - Effectiveness of operating agreements

§ 53105 - Obligations and rights under operating agreements

§ 53106 - Payments

§ 53107 - National security requirements

§ 53108 - Regulatory relief

§ 53109 - Repealed.

§ 53110 - Regulations

§ 53111 - Authorization of appropriations

§ 53301 - Definitions

§ 53302 - Authority for construction reserve funds

§ 53303 - Persons eligible to establish funds

§ 53304 - Vessel ownership

§ 53305 - Eligible fund deposits

§ 53306 - Recognition of gain for tax purposes

§ 53307 - Basis for determining gain or loss and for depreciating new vessels

§ 53308 - Order and proportions of deposits and withdrawals

§ 53309 - Accumulation of deposits

§ 53310 - Obligation of deposits and period for construction of certain vessels

§ 53311 - Taxation of deposits on failure of conditions

§ 53312 - Assessment and collection of deficiency tax

§ 53501 - Definitions

§ 53502 - Regulations

§ 53503 - Establishing a capital construction fund

§ 53504 - Deposits and withdrawals

§ 53505 - Ceiling on deposits

§ 53506 - Investment and fiduciary requirements

§ 53507 - Nontaxation of deposits

§ 53508 - Separate accounts within a fund

§ 53509 - Qualified withdrawals

§ 53510 - Tax treatment of qualified withdrawals and basis of property

§ 53511 - Tax treatment of nonqualified withdrawals

§ 53512 - FIFO and LIFO withdrawals

§ 53513 - Corporate reorganizations and partnership changes

§ 53514 - Relationship of old fund to new fund

§ 53515 - Records and reports

§ 53516 - Termination of agreement after change in regulations

§ 53517 - Reports

§ 53701 - Definitions

§ 53702 - General authority

§ 53703 - Application procedures

§ 53704 - Funding limits

§ 53705 - Pledge of United States Government

§ 53706 - Eligible purposes of obligations

§ 53707 - Findings related to obligors and operators

§ 53708 - Findings related to economic soundness

§ 53709 - Amount of obligations

§ 53710 - Contents of obligations

§ 53711 - Security interest

§ 53712 - Monitoring financial condition and operations of obligor

§ 53713 - Administrative fees

§ 53714 - Guarantee fees

§ 53715 - Escrow fund

§ 53716 - Deposit fund

§ 53717 - Management of funds in the Treasury

§ 53718 - Annual report to Congress

§ 53721 - Rights of obligee

§ 53722 - Actions by Secretary or Administrator

§ 53723 - Payments by Secretary or Administrator and issuance of obligations

§ 53724 - Rights to secured property

§ 53725 - Actions against obligor

§ 53731 - Commercial demonstration ocean thermal energy conversion facilities and plantships

§ 53732 - Eligible export vessels

§ 53733 - Shipyard modernization and improvement

§ 53734 - Replacement of vessels because of changes in operating standards

§ 53735 - Fisheries financing and capacity reduction

§ 53901 - Definitions

§ 53902 - Authority to provide insurance

§ 53903 - Insurable interests

§ 53904 - Liability insurance for persons involved in war or defense efforts

§ 53905 - Agency insurance

§ 53906 - Hull insurance valuation

§ 53907 - Reinsurance

§ 53908 - Additional insurance privately obtained

§ 53909 - War risk insurance revolving fund

§ 53910 - Administrative

§ 53911 - Civil actions for losses

§ 53912 - Expiration date

§ 54101 - Assistance for small shipyards and maritime communities

§ 55101 - Application of coastwise laws

§ 55102 - Transportation of merchandise

§ 55103 - Transportation of passengers

§ 55104 - Transportation of passengers between Puerto Rico and other ports in the United States

§ 55105 - Transportation of hazardous waste

§ 55106 - Merchandise transferred between barges

§ 55107 - Empty cargo containers and barges

§ 55108 - Platform jackets

§ 55110 - Transportation of valueless material or dredged material

§ 55111 - Towing

§ 55114 - Unloading fish from foreign vessels

§ 55119 - Yukon River

§ 55121 - Transportation of merchandise and passengers on Canadian vessels

§ 56101 - Approval required to transfer vessel to noncitizen

§ 57109 - Operation of vessels purchased, chartered, or leased from Secretary of Transportation

§ 60101 - Boarding arriving vessels before inspection

§ 60105 - Clearance of vessels

§ 60107 - Payment of fees on departing vessel

§ 60301 - Regular tonnage taxes

§ 60302 - Special tonnage taxes

§ 60303 - Light money

§ 60304 - Presidential suspension of tonnage taxes and light money

§ 60305 - Vessels in distress

§ 60306 - Vessels not engaged in trade

§ 60307 - Vessels engaged in coastwise trade or the fisheries

§ 60308 - Vessels engaged in Great Lakes trade

§ 60309 - Passenger vessels making trips between ports of the United States and foreign ports

§ 60310 - Vessels making daily trips on interior waters

§ 60312 - Rights under treaties preserved

§ 60503 - Reciprocal suspension of discriminating duties

§ 60504 - Reciprocal privileges for recreational vessels

Public Laws

Title 19 published on 2014-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 4 after this date.

  • 2014-11-26; vol. 79 # 228 - Wednesday, November 26, 2014
    1. 79 FR 70462 - Technical Amendment: Boarding of Vessels at CBP Ports
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule; technical amendment.
      Effective November 26, 2014.
      19 CFR Part 4