46 USC 42107: Refusal of clearance and entry

46 USC 42107: Refusal of clearance and entry Text contains those laws in effect on November 14, 2024

From Title 46-SHIPPINGSubtitle IV-Regulation of Ocean ShippingPart B-Actions To Address Foreign PracticesCHAPTER 421-REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE

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§42107. Refusal of clearance and entry

At the request of the Federal Maritime Commission-

(1) the Secretary of Homeland Security shall-

(A) refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and

(B) collect any fees imposed by the Commission under section 42106(4) of this title; and

(2) the Secretary of the department in which the Coast Guard is operating shall-

(A) deny entry, for purposes of oceanborne trade, of a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title, to a port or place in the United States or the navigable waters of the United States; or

(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.

( Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551 .)

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
42107	46 App.:876(j).	June 5, 1920, ch. 250, §19(j); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979 ; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915 .

In paragraph (1), the words "Secretary of Homeland Security" are substituted for "collector of customs at the port or place of destination in the United States" because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 ( Pub. L. 107–296, 116 Stat. 2178 ). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.