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usiness there shall not be required to be leared because of such transit. A vesel under enrollment and license or liense is permitted to trade with the anal Zone.

(d) In the event that departure is elayed beyond the second day after learance, the delay shall be reported ithin 72 hours after clearance to the llector who shall note the fact of dention on the certificate of clearance ad on the official record of clearance. then the proposed voyage is canceled fter clearance. the reason therefor shall

reported in writing within 24 hours fter such cancellation and the certifiate of clearance and related papers hall be surrendered.

(e) No vessel shall be cleared for the Igh seas.

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R.S. 2793, as amended, 4197, as amended; US.C. 288, 46 U.S.C. 91, 111, 123)

$4.61

Requirements for clearance.

(a) Application for clearance for a vesel intending to depart for a foreign port shall be made orally by or on behalf of the master at the customhouse. The master, licensed deck officer, or purser may appear in person to clear the vessel r the required oaths, related documents, and other papers properly executed by the master or other proper officer may be delivered at the customhouse by the Vessel agent or other personal representative of the master. Clearance shall be granted on customs Form 1378.

(b) Before clearance is granted to a essel bound to a foreign port the colector shall verify compliance with the equirements in respect of the following natters which are more fully stated in he provisions of law or of this part indiIated in the list:

(1) Accounting for inward cargo (§ 4.62). (2) Outward foreign manifests; shippers' Export declarations (§ 4.63).

(3) Documentation (§ 4.64).

(4) Verification of nationality and tonnage 4.65).

(5) Verification of inspection (§ 4.66). (6) Inspection under State laws. (7) Closed ports or places (§ 4.67). (8) Crew; passengers (§ 4.68). (9) Shipping articles and enforcement of Beamen's Act (§ 4.69)

(10) Medicine and slop chests.95 (11) Load line regulations.

Collectors may permit vessels to proceed tc sea to adjust compasses, try out new machinery, clean tanks, etc., without requiring formal clearance.

(12) Carriage of United States securities, etc.97

(13) Carriage of mail.s

(14) Pratique (§ 4.70).

(15) Inspection of vessels carrying livestock (§ 4.71).

(16) Inspection of meat, meat-food products, and inedible fats (§ 4.72).

(17) Tobacco seed and plants."

(18) Neutrality; exportation of arms and munitions (§ 4.78).

(19) Payment of State and Federal fees.100 (20) Orders restricting shipping (§ 4.74).

94 The collectors and other officers of the customs shall pay due regard to the inspection laws of the States in which they may respectively act, in such manner that no vessel having on board goods liable to inspection shall be cleared until the master, or other proper person, shall have produced such certificate that all such goods have been duly inspected, as the laws of the respective States may require to be produced to collectors or other officers of the customs." (46 U. S. C. 97) 5 See 46 U. S. C. 666, 669, 670, and 671.

9 See 46 U. S. C. ch. 2A and the Coast Guard Load Line Regulations.

97 "All vessels belonging to citizens of the United States, and bound from any port in the United States to any other port therein, or to any foreign port, or from any foreign port to any port in the United States shall, before clearance, receive on board all such bullion, coin, United States notes and bonds and other securities, as the Government of the United States or any department thereof, or any minister, consul, vice consul, or other agent of the United States abroad, shall offer, and shall securely convey and promptly deliver the same to the proper authorities or consignees, on arriving at the port of destination; and shall receive for such service such reasonable compensation as may be allowed to other carriers in the ordinary transactions of business." (46 U. S. C. 98)

98 See § 4.63 (b), 18 U. S. C. 1724, and 39 U. S. C. 496.

99 "It shall be unlawful to export any tobacco seed and/or live tobacco plants from the United States or any Territory subject to the jurisdiction thereof, to any foreign country, port, or place, unless such exportation and/or transportation is in pursuance of a written permit granted by the Secretary of Agriculture. Such permit shall be granted by the Secretary only upon application therefor and after proof satisfactory to him that such seed or plants are to be used for experimental purposes only." (7 U. S. C. 516)

100 "Previous to a clearance being granted to any vessel, outward bound, the legal fees which shall have accrued on such vessel shall be paid at the offices where such fees are respectively payable; and receipts for the same shall be produced to the collector or other officer whose duty it may be to grant clearances, before a clearance is granted." (46 U.S.C. 100).

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§ 4.62 Accounting for inward cargo.

Inward cargo discrepancies shall be accounted for and adjusted by correction of the manifest, but the vessel may be cleared and the adjustment deferred if the discharging officer's report has not been received. (See § 4.12.) § 4.63

Outward foreign manifest; shippers' export declarations.

(a) No vessel shall be cleared directly for a foreign port, or for a foreign port by way of another domestic port or other domestic ports (see § 4.87(b)), unless there has been filed with the collector at the port from which clearance is being obtained a manifest on customs Form 1374 covering all the cargo laden aboard the vessel at that port, together with such export declarations as are required by pertinent regulations of the Bureau of the Census, Department of Commerce, or unless the vessel is cleared on the basis of a pro forma manifest as provided for in § 4.75 of the regulations of this part.

(b) The list of cargo may be shown on bills of lading attached to the manifest, provided the manifest is completely executed on customs Form 1374, except for particulars as to cargo; and provided also that the bills of lading are securely attached to that form in such manner as to constitute one document; that they are incorporated by suitable reference on the face of the form, such as "Cargo as per bills of lading attached"; and that there is shown on the face of each bill the information required by customs Form 1374 for the cargo covered by that bill.

(c) For each shipment to be exported under an entry or withdrawal for ex

101 "It shall be unlawful for any vessel belonging to or operating under the jurisdiction of any foreign state to use the flag of the United States thereon, or to make use of any distinctive signs or markings, indicating that the same is an American vessel." (22 U. S. C. 454a)

portation or for transportation and e portation, the outward manifest or b of lading attached to the manifest a made a part thereof in accordance wi paragraph (b) of this section sh clearly show for such shipment the nur ber, date, and class of such custo entry or withdrawal (i. e., T. & E., W T. & E., I. E., Wd. Ex., or Wd. T., as a plicable) and the name of the port whe the entry or withdrawal was filed if oth than the port where the merchandise laden for exportation.

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The nationality and tonnage of vessel shall be verified by examin tion of its marine document. If su examination discloses that insufficie tonnage tax was collected on entry the vessel, no clearance shall be grant until the deficiency is paid.

§ 4.66 Verification of inspection.

(a) No clearance shall be granted u less the collector is satisfied that a prop certificate of inspection is in force a the vessel is in compliance with su certificate, if the vessel is

(1) A vessel of the United States quired to be inspected, as specified § 3.54 of this chapter;

(2) A foreign vessel carrying passe gers from the United States.

(b) In the case of vessels of forei nations which are signatories of the I ternational Convention for the Safe of Life at Sea, 1948, carrying passenge from the United States, an unexpir Certificate of Examination for Forei Passenger Vessel, Form CG-989, or

103 A vessel of the United States may cleared for Guantanamo Bay Naval Stati or the Canal Zone under enrollment a license or license.

hexpired Certificate for Foreign Vesto Carry Persons in Addition to Crew, orm CG-3463, issued by the United ates Coast Guard, may be accepted as dence that a proper certificate of inection is in force and the vessel is in mpliance with such certificate.

c) In the case of vessels of the United ates subject to inspection proceeding another port for repairs, a valid PerIt to Proceed to Another Port for Reirs, Form CG-948, issued by the United ates Coast Guard, shall be accepted in u of the certificate of inspection rered by this section.

IS. 4197, as amended, 4496; 46 U.S.C. 91, ) [T.D. 56173, 29 F.R. 6681, May 22, 1964] 4.67

Closed ports or places.

No foreign vessel shall be granted a earance or permit to proceed to any ort or place from which such vessels are kcluded by orders or regulations of the Inited States Navy Department except ith the prior approval of that Departnent.

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(a) No vessel to which R.S. 4573 apples shall be granted final clearance for a foreign port or a whaling voyage until a crew list is presented to the collector in duplicate on customs and immigration Form I-418. The collector shall ertify the duplicate copy and return it the master.

(b) No vessel shall be granted a clearnce while it has on board any citizen f the United States except in accordnce with the rules and regulations rescribed by the Secretary of State puruant to Proclamation 2523 issued by the resident on November 14, 1941 (3 CFR, 943 Cum. Supp.).

R.S. 4573; 46 U.S.C. 674)

4.69 Shipping articles and enforcement of Seamen's Act.

No vessel of the United States bound or a foreign port outside the British lorth American possessions, the West adies, and Mexico shall be granted final learance until there has been presented the collector at the port of final dearture the shipping articles of the vesel executed before a shipping commisoner on coast guard Form 705, 705-A, 705-B; nor shall any vessel, bound for a foreign port, be granted final clearance until the collector is satisfied that there has been full compliance with the pertinent requirements of sections 11

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§ 4.72 Inspection of meat, meat-food products, and inedible fats.

(a) No clearance shall be granted to any vessel carrying meat or meat-food products, as defined and classified by the Meat Inspection Division, Department of Agriculture, until there have been filed with the collector such copies of export certificates concerning such meat or meat-food products as are required by the pertinent regulations of the Meat Inspection Division, Department of Agriculture (9 CFR, Parts 24 and 29).

(b) No clearance shall be granted to any vessel carrying tallow, stearin, oleo oil, or other rendered fat derived from cattle, sheep, swine, or goats for export from the United States, which has not been inspected, passed, and marked by the United States Department of Agriculture, unless the collector is furnished with a certificate by the exporter that the article is inedible.

§ 4.73 Neutrality; exportation of arms and munitions.

(a) Clearance shall not be granted to any vessel if the collector has reason to believe that her departure or intended voyage would be in violation of any provision of the Neutrality Act of 1939 or other neutrality law of the United States,104 or of any regulation or instruction issued pursuant to any such law.

(b) The collector shall refuse clearance for and detain any vessel manifestly

104 See 18 U. S. C. 961-967 and 22 U. S. C. 441-457.

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built for warlike purposes and about to depart from the United States with a cargo consisting principally of arms and munitions of war when the number of men intending to sail or other circumstances render it probable that the vessel is intended to commit hostilities against the subjects, citizens, or property or any foreign country with which the United States is at peace, until the decision of the President thereon is received, or until the owners shall have given bond or security in double the value of the vessel and its cargo that she will not be so employed.

(c) A collector shall promptly communicate all the facts to the Bureau if he learns while the United States is at peace that any vessel of a belligerent power which has arrived as a merchant vessel is altering, or will attempt to alter, her status as a merchant vessel so as to become an armed vessel or an auxiliary to armed vessels of a foreign power.

(d) If a collector has reason to believe during the existence of a war to which the United States is not a party that any vessel in his district is about to carry arms, munitions, supplies, dispatches, information, or men to any warship or tender or supply ship of a belligerent nation, he shall withhold the clearance of such vessel and report the facts promptly to the Bureau.

§ 4.74 Transportation orders.

Clearance shall not be granted to any vessel if the collector has reason to believe that her departure or intended voyage would be in violation of any provision of any transportation order, regulation, or restriction issued under authority of the Defense Production Act of 1950 (50 U.S.C. App. 2061-2066).

(R.S. 4197, as amended; 46 U.S.C. 91) $4.75 Incomplete manifest; incomplete export declarations; bond.

(a) If a master desiring to clear his vessel for a foreign port does not have available for filing with the collector a complete cargo manifest or all re

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quired shippers' export declarations, the collector may accept in lieu there a pro forma manifest on customs For 1374 if there is on file in his office bond on customs Form 7567 or 7569 ex ecuted by the vessel owner or some othe person as attorney in fact of the vess owner. The form shall be appropriate modified to indicate that it is an incom plete manifest and the oath on the r verse side shall be required to executed.

(b) Not later than the fourth busine day after clearance 108 from each port the vessel's itinerary, the master, or th vessel's agent on behalf of the maste shall deliver to the collector at ead such port a complete manifest (custom Form 1374) of the cargo laden at suc port together with duplicate copies all required shippers' export declaration for such cargo. The oath of the maste

foreign port or for a port in noncontiguou territory belonging to the United States t file a manifest as herein before provided, an if the manifest be not a complete manifes and it so appears upon such manifest, th collector of customs may grant clearance to the vessel in the case of an incomplete man ifest, taking from the owner of the vessel who may act in the premises by a duly au thorized attorney in fact, a bond with se curity approved by the collector of customs in the penal sum of $1,000, conditioned tha the master or someone for him will file completed outward manifest not later tha the fourth business day after the clearand of the vessel. In the event that the sai complete outward manifest be not filed a required by the provisions of this section an the regulations made by the Secretary of th Treasury in pursuance hereof, then a pen alty of $50 for each day's delinquency belon the allowed period of four days for filing th completed manifest shall be exacted, and the completed manifest be not filed withi the three days following the four-day period then for each succeeding day of delinquenc a penalty of $100 shall be exacted. Sult ma be instituted in the name of the Unite States against the principal and surety on th bond for the recovery of any penalties tha may accrue and be exacted in accordanc with the terms of the bond:" (46 U.S.C. 91

107 For regulations prescribing the perio for carriers to file reports and penalties fo untimely filing, see 15 CFR 30.24.

108 The statutory grace period of 4 days fo filing the complete manifest and missin export declarations begins to run on th first day (exclusive of any day on which th customhouse is not open for marine bus! ness) following the date on which clearanc is granted.

or agent on customs Form 1374 shall be properly executed before acceptance. Bee § 4.63 (b) as to the preparation of outward manifests.

(c) During any period covered by a inding by the President under section of the act of June 15, 1917, as amended 50 U. S. C. 191), that the security of the Inited States is endangered by reason of etual or threatened war, or invasion, or asurrection, or subversive activity, or f disturbances or threatened disturbnces of the international relations of he United States, no vessel shall be deared for a foreign port until a com-Mete outward foreign manifest and all equired export declarations have been led with the collector, unless clearance accordance with paragraphs (a) and b) of this section is authorized by the Commissioner of Customs.10

R.S. 4197, as amended; 46 U.S.C. 91)

CROSS REFERENCE: For authorization of Cearances in accordance with § 4.75 (a) and (b) pursuant to § 4.75(c), see T.D. 52676 (16 PR. 1961) and TD. 55259 (25 F.R. 10782). COASTWISE PROCEDURE

$4.80 Vessels entitled to engage in coastwise trade.

(a) No vessel shall transport any passenger or merchandise between points the United States embraced within the Boastwise laws, including points within harbor, unless it is:

(1) Owned by a citizen, as defined in 13.19 (a) and (b) of this chapter, and $ so documented under the laws of the Jnited States as to permit it to engage in he coastwise trade; or

(2) Owned by a citizen, as defined in 3.19 (a) and (b) of this chapter, is

1106 T.D. 55357, 26 F.R. 2965, as amended by D. 55396, 26 F.R. 5004, provides that vessels ay be cleared pursuant to the procedure rovided for in § 4.75 (a) and (b), except that to vessel shall be cleared for any port in bania, Bulgaria, Communist China (inuding Manchuria), the Communist-conrolled area of Viet-Nam, Czechoslovakia, ast Germany (Soviet Zone of Germany and Soviet Sector of Berlin), Estonia, Hungary, atvia, Lithuania, North Korea, Outer Monlla, Rumania, Union of Soviet Socialist Bepublics, Poland (including Danzig), Hong Long, Macao, or Cuba, until a complete outard foreign manifest and all required export declarations have been filed with the colector of customs.

exempt from documentation,110 and is entitled to or, except for its tonnage, would be entitled to be enrolled and licensed or licensed for the coastwise trade; or

(3) Owned by a partnership or association in which at least a 75 percent interest is owned by such a citizen, is exempt from documentation, and is entitled to or, except for its tonnage, or citizenship of its owner, or both, would be entitled to be enrolled and licensed or licensed for the coastwise trade. (See $3.19 (d) of this chapter.)

110 "No merchandise shall be transported by water, or by land and water, on penalty of forfeiture thereof, between points in the United States, including Districts, Territories, and possessions thereof embraced within the coastwise laws, either directly or via a foreign port, or for any part of the transportation, in any other vessel than a vessel built in and documented under the laws of the United States and owned by persons who are citizens of the United States, or vessels to which the privilege of engaging in the coastwise trade is extended by section 13 or 808 of this title: Provided further, That this section shall not apply to merchandise transported between points within the continental United States, including Alaska, over through routes heretofore or hereafter recognized by the InterState Commerce Commission for which routes rate tariffs have been or shall hereafter be filled with said Commission when such routes are in part over Canadian rall lines and their own or other connecting water facilities: Provided further, That this section shall not become effective upon the Yukon River until the Alaska Railroad shall be completed and the United States Maritime Commission shall find that proper facilities will be furnished for transportation by persons citizens of the United States for properly handling the traffic: U.S. C. 883)

(46

"If any merchandise is laden at any port or placed in the United States upon any vessel belonging wholly or in part to a subject of a foreign country, and is taken thence to a foreign port or place to be reladen and reshipped to any other port in the United States, either by the same or by another vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port or place of the United States to another port or place of the United States in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such lastnamed port or place, be seized and forfeited to the United States, and the vessel shall pay a tonnage duty of 50 cents per net ton." (Tariff Act of 1930, sec. 588; 19 U. S. C. 1588) (See § 3.5 of this chapter for vessels exempt from documentation.)

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