TITLE 46 - SHIPPING |
46 U.S.C. §§ 2104 - Delegation of Authority |
Customs officers may be designated to act in place of a Coast Guard official for enforcement of the provisions. |
46 U.S.C. §§ 2110-2112 - Payment of Fees |
This provision specifies which fees may be charged for services rendered by Customs. 19 C.F.R. Part 24 (1995). |
46 U.S.C. §§ 3301-3318 - Inspection |
Customs shall refuse clearance to vessels if a proper certificate of inspection is not in force or if the vessel is not in compliance with such certificate. 19 C.F.R. §§ 4.66 (1995). |
46 U.S.C. §§ 3502 - Passenger List |
Passenger lists are required to be kept and open to inspection by Customs. 19 C.F.R. §§ 4.7, 4.50 (1995). |
46 U.S.C. §§ 3718 - Penalties for Violation of Carriage of Dangerous Cargo Rules |
Customs may withhold or revoke of clearance for vessels in violation of this section. 46 C.F.R. §§ 146.02-6 (1995). |
46 U.S.C. §§ 4301-4311 - Import of Recreational Vessels |
Customs enforces the restrictions regarding the importation of recreational vessels and equipment not in conformity with prescribed safety standards. 19 C.F.R. §§ 12.85 (1995). |
46 U.S.C. §§ 5101-5116 - Load Lines |
Pursuant to 5114 Customs enforces the load line requirements including the detention of vessels and assessment of penalties. 19 C.F.R. §§ 4.61, 4.65a (1995). |
46 U.S.C. §§ 7302-7319, 8103, 8701-8704 - Merchant Mariner Documents and Manning of Vessels |
Customs refuses to grant clearance to any vessel bound for a foreign port unless requirements pertaining to citizenship, employment, and qualifications of seamen are satisfied. 19 C.F.R. §§ 4.69 (1995). |
46 U.S.C. §§ 8304 - Officers Competency Certificates Convention of 1936 |
Customs is designated to enforce officer certification requirements, and may detain vessels in violation. 46 C.F.R. §§ 12.10-1 (1995). |
46 U.S.C. §§ 9301-9308 - Regulation of Great Lakes Pilots |
Customs, based on its enforcement authority under the certification requirements, enforces the requirements for vessels in designated waters of the Great Lakes to have in their service a registered and eligible pilot. |
46 U.S.C. §§ 10314, 10315, 10505 - Advances |
Customs refuses to grant clearance to a U.S. vessel bound for a foreign port unless the shipping articles agreements have been presented. 19 C.F.R. §§ 4.69 (1995). |
46 U.S.C. §§ 10702 - Duties of Masters |
Customs grants clearance to a foreign-bound vessels only when a written certificate of compliance pertaining to a deceased seamans property and wages is received by Customs. |
46 U.S.C. §§ 10902 - Complaints of Unseaworthiness |
Customs is designated to take complaints of unseaworthiness by crew and enforce this section. |
46 U.S.C. §§ 11102, 11103 - Protection and Relief |
Customs verifies that requirements pertaining to medicine and slop chests have been complied with before clearance may be granted to a vessel bound to a foreign port. |
46 U.S.C. §§ 12109 - Recreational Vessel Licenses |
Licensed recreational vessels are exempt from general Customs entry or clearance requirements except for requirements of 19 U.S.C. 1433. All persons on board such vessels, however, remain subject to all applicable Customs regulations. 19 C.F.R. §§ 4.94 (1995). |
46 U.S.C. §§ 31327 - Forfeiture and Vessels with Preferred Mortgages |
Interests by preferred mortgagee in documented vessel may not be terminated through forfeiture unless the mortgagee authorized, consented or conspired to do the violation. See also 19 U.S.C. §§ 1609. |
46 U.S.C. App. §§ 3 - Admeasurement of Vessels |
Customs is charged with specific supervision of laws relating to the admeasurement of vessels (official numbers and assigned letters) and with the collection of assessed taxes and duties. 19 C.F.R. §§ 4.20-4.24 (1995). |
46 U.S.C. App. §§ 14 - Wrecked Vessel Salvage |
Customs may register salvaged vessels wrecked on U.S. coasts or adjacent waters when purchased by U.S. citizens if repairs are 3 times the salved value. False statements by the owner subjects the vessel to forfeiture under this section. |
46 U.S.C. App. §§ 91-91a - Clearance of Vessels |
Customs grants clearance to vessels bound to foreign ports and enforces penalties for failure to comply with the regulations prescribed by law including the required submission of outbound manifests. 19 C.F.R. Part 4.0 (1995). |
46 U.S.C. App. §§ 97 - State Inspection Laws |
Customs officers shall pay due regard to state inspection laws and no cargo may be cleared until the master produces the certificates required by the state. 19 C.F.R. §§ 4.61 (1995). |
46 U.S.C. App. §§ 104 - Pleasure Vessel and Yacht Tonnage Tax Exemption |
Exemption from charges, tonnage taxes, and other requirements are granted to foreign yachts and pleasure vessels if reciprocal privileges are accorded U.S. vessels, but Customs may require a license for the privilege. 19 C.F.R. §§ 4.20-4.24, 4.94 (1995). |
46 U.S.C. App. §§ 111 - Entry of Specified Types of Vessels |
Customs determines specific types of vessels exempt from fees and entry or clearance requirements, although vessels generally remain required to report arrival. 19 C.F.R. Part 4 (1995). |
46 U.S.C. App. §§ 121-135 - Tonnage Duties Acts |
Customs assesses and collects "light money" and tonnage duties with amounts depending on the registry of the vessel subject to certain exemptions prescribed by law. 19 C.F.R. §§ 4.20-4.24 (1995). |
46 U.S.C. App. §§ 141-146 - Discriminating Duties and Reciprocal Privileges |
Customs collects discriminating tonnage duties from vessels of foreign countries found to be collecting such duties from U.S. vessels. Customs also grants certain reciprocal privileges. 19 C.F.R. §§ 4.22 (1995). |
46 U.S.C. App. §§ 163 - Regulations for Boarding Vessels |
Customs enforces regulations governing the boarding before inspection of vessels arriving in the U.S. 19 C.F.R. §§ 4.1, 4.7a (1995). |
46 U.S.C. App. §§ 251-251b - Vessels in Domestic Commerce |
Customs enforces the proscription against the landing in the U.S. of fish caught on high seas by foreign flag vessels. 19 C.F.R. §§ 4.80, 4.81, 4.96 (1995). |
46 U.S.C. App. §§ 262 - Documented Vessels Not to Defraud Revenue |
Customs assists in the enforcement of this section providing that documented vessels may not be employed in trade whereby the revenue laws of the U.S. are defrauded. |
46 U.S.C. App. §§ 277 - Inspection of Documents |
Customs penalizes vessels proceeding to foreign ports without proper documentation. |
46 U.S.C. App. §§ 289-289c, 291 - Transportation of Passengers, Merchandise in Foreign Vessels |
Customs enforces these laws providing that foreign vessels may not transport passengers between U.S. ports, unless they meet one of subsequent statutory exceptions or exemptions. Section 291 covers transshipment of merchandise. 19 C.F.R. §§ 4.80-4.93 (1995). |
46 U.S.C. App. §§ 292 - Dredging by Foreign Built Dredges |
Customs assists in the enforcement of the prohibition against dredging by foreign vessels in U.S. waters. |
46 U.S.C. App. §§ 316, 725 - Use of Foreign Vessels in U.S. Ports |
Customs enforces limits on foreign vessels in U.S. ports or other locations from engaging in specified operations such as towing or salvaging. 19 C.F.R. §§ 4.92, 4.97 (1995). |
46 U.S.C. App. §§ 319 - Penalties for Trading without Required Certificate of Documentation |
Vessels employed in a trade and not documented may be liable to penalties and under certain circumstances this provision allows for limited seizure and forfeiture of merchandise. This provision also provides that foreign labels, etc., on merchandise are prima facie evidence of foreign origin. 19 C.F.R. §§ 4.64 (1995). |
46 U.S.C. App. §§ 320 - Remission or Mitigation of Fines |
Customs may remit specified fines assessed under this title. |
46 U.S.C. App. §§ 321-325 - Penalties |
Customs enforces penalties for specific violations (e.g., malfeasance, obstructing officers or forgery). Most significant is Section 325 for licensed vessels engaging in unauthorized trade in violation of license. |
46 U.S.C. App. §§ 327 - Notice of Seizure |
Customs is required to give an owner notice of seizure. |
46 U.S.C. App. §§ 328 - Recovery of Penalties and Forfeitures |
Customs may pursue forfeitures and collection of penalties under the customs laws unless otherwise prescribed. |
46 U.S.C. App. §§ 336 - Canal Boat Fee Exemption |
Canal boats and boats on internal U.S. waters are exempt from customs fees. |
46 U.S.C. App. §§ 802, 808 - Shipping Act, 1916 |
Customs enforces the provisions, including the assessment of penalties, pertaining to the unlawful transportation of vessels in coastwise trade. 19 C.F.R. §§ 4.80 (1995). |
46 U.S.C. App. §§ 817d, 817e - Financial Responsibility of Vessel Owner |
Customs may refuse clearance of passenger vessels failing to establish financial responsibility for death or injury to persons aboard, or nonperformance of transportation. 19 C.F.R. §§ 4.68 (1995). |
46 U.S.C. App. §§ 820 - Reports by Carriers on Rates and Tariffs |
Customs enforces certain provisions of the Intercoastal Shipping Act requiring the filing of specified reports, including the assessment of penalties. 46 C.F.R. Part 222 (1995). |
46 U.S.C. App. §§ 834 - Vessels Refusing to Accept Freight |
Customs may refuse clearance to any vessel which refuses to accept freight in good condition unless the vessel is fully laden. |
46 U.S.C. App. §§ 877 - Extension of Coastwise Laws to Certain Island Territories |
Customs enforces coastwise laws extended to U.S. island territories and possessions. |
46 U.S.C. App. §§ 883 - Coastwise Transportation of Merchandise in Foreign Vessels |
The general prohibition against foreign vessels carrying merchandise in the coastwise trade is administered by Customs. |
46 U.S.C. App. §§ 883a-883b - Report of Foreign Rebuilding of U.S.Vessel |
U.S. vessels are required to report to Customs any repairs or rebuilding of vessel in foreign ports. Failure to report subjects vessel to forfeiture. 19 C.F.R. §§ 4.7, 4.14 (1995). |
46 U.S.C. App. §§ 1710a - Foreign Laws and Practices |
Customs may refuse clearance of vessels identified under this section as involved in practices found to adversely affect operations of U.S. carriers in U.S. trade. |
46 U.S.C. App. §§ 1901-1904 - Maritime Drug Law Enforcement Act |
Customs assists in the enforcement of the specific prohibition against trafficking in controlled substances aboard vessels subject to U.S. jurisdiction. |
46 U.S.C. App. §§ 5101-5116; 14513, 14701, - Load Line Acts |
Customs may detain vessels loaded in violation of load line regulations. 19 C.F.R. §§ 4.20, 4.65a (1995). |