[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR4.61]

[Page 40-41]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES--Table of Contents
 
Sec. 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 Sec. 4.60 and this 
section, the port director will verify compliance with respect to the 
following matters:
    (1) Accounting for inward cargo (see Sec. 4.62).
    (2) Outward Cargo Declarations; shippers export declarations (see 
Sec. 4.63).
    (3) Documentation (see Sec. 4.0(c)).

[[Page 41]]

    (4) Verification of nationality and tonnage (see Sec. 4.65).
    (5) Verification of inspection (see Sec. 4.66).
    (6) Inspection under State laws (46 U.S.C. App. 97).
    (7) Closed ports or places (see Sec. 4.67).
    (8) Passengers (see Sec. 4.68).
    (9) Shipping articles and enforcement of Seamen's Act (see 
Sec. 4.69).
    (10) Medicine and slop chests.
    (11) Load line regulations (see Sec. 4.65a).
    (12) Carriage of United States securities, etc. (46 U.S.C. App. 98).
    (13) Carriage of mail.
    (14) Public Health regulations (see Sec. 4.70).
    (15) Inspection of vessels carrying livestock (see Sec. 4.71).
    (16) Inspection of meat, meat-food products, and inedible fats (see 
Sec. 4.72).
    (17) Neutrality exportation of arms and munitions (see Sec. 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 Sec. 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 
Sec. 4.14).
    (21) Illegal discharge of oil (see Sec. 4.66a).
    (22) Attached or arrested vessel.
    (23) Immigration laws.
    (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]
    \97-103\ [Reserved]