om the vessel;' nor shall the master any vessel authorize the boarding or aving of the vessel by any person in viotion of this paragraph. Every person ermitted to go on board shall be subject O customs and quarantine regulations.

"It shall not be lawful for the master of ny such steamship or other vessel,* not in istress, after the arrival of the vessel within my collection district of the United States, to llow any person or persons, except a pilot, fficer of the customs, or health officer, gents of the vessel, and consuls, to come on oard of the vessel, or to leave the vessel, until the vessel has been taken in charge by n officer of the customs, nor, after charge o taken, without leave of such officer, until all the passengers, with their baggage, have Deen duly landed from the vessel.

(46 U. S. C. 158)

"

"The Secretary of the Treasury is authorized and directed to prescribe from time to time and enforce regulations governing the boarding of vessels arriving at the seaports of the United States, before such vessels have been properly inspected and placed in security, and for that purpose to employ any of the officers of that department. Each person violating such regulations shall be subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both, in the discretion of the court. This section shall be construed as supplementary to section 158 and section 708 of this title." (46 U. S. C. 163 Sec. 102, Reorg. Plan No. 3 of 1946; 3 CFR, 1946 Supp., Ch. IV)

"Whoever, not being in the United States service, and not being duly authorized by law for the purpose, goes on board any vessel about to arrive at the place of her destination, before her actual arrival, and before she has been completely moored, shall be fined not more than $200 or imprisoned not more than six months, or both.

"The master of such vessel may take any such person into custody, and deliver him up forthwith to any law enforcement officer, to be by him taken before any committing magistrate, to be dealt with according to law." (18 U. S. C. 2279)

"If, within twenty-four hours after the arrival of any vessel at any port in the United States, any person, then being on board such vessel, solicits any seaman to become a lodger at the house of any person letting lodgings for hire, or takes out of such vessel any effects of any seaman, except under his personal direction, and with the permission of the master, he shall, for every such offense, be punishable by a fine of not more than $50, or by imprisonment for not more than three months. This section shall apply to vessels of the United States engaged in the foreign trade and to foreign vessels." (46 U.S.C. 709) *A vessel from a noncontiguous foreign place carrying steerage passengers.

(d) A collector of customs, in his discretion may issue a cutter pass on customs Form 3093 to permit the holder to board an incoming vessel after it has been inspected by the quarantine authorities and taken in charge by an officer of the customs, as follows: (1) To persons on official business; (2) to news reporters, newspaper photographers, photographers of established motionpicture companies, and broadcasters of established radio broadcasting companies; and (3) in cases of special exigency in which the collector is satisfied as to the urgent need for the boarding and that its allowance will not result in undue interference with the performance of official business.

(e) No person in charge of a tugboat, rowboat, or other vessel shall bring such conveyance alongside an incoming vessel heretofore described and put on board thereof any person, except as authorized by law or regulations.

(f) Upon application on customs Form 3137 or in other suitable manner, a collector may, in his discretion, issue a pass on customs Form 3095 to go on the dock to meet persons arriving from abroad.

(g) Term cutter and dock passes, for a period of not to exceed one year, may be issued in the discretion of the collector, to persons on official business and to duly accredited news reporters and newspaper photographers. Passes are not transferrable and shall be forfeited upon presentation by others than those to whom issued.

(Sec. 9, 22 Stat. 189, as amended, secs. 1-3, 31 Stat. 58, as amended; 46 U.S.C. 158, 163) § 4.2 Reports of arrival of vessels.

(a) The report of arrival required by section 433, Tariff Act of 1930,3 shall be

3 "Within twenty-four hours after the arrival of any vessel from a foreign port or place, or of a foreign vessel from a domestic port, or of a vessel of the United States carrying bonded merchandise, or foreign merchandise for which entry has not been made, at any port or place within the United States at which such vessel shall come to, the master shall, unless otherwise provided by law, report the arrival of the vessel at the nearest customhouse, under such regulations as the Sec

retary of the Treasury may prescribe." (Tariff Act of 1930, sec. 433; 19 U.S.C. 1433) * For the purposes of sections 432, 433, 434, 448, 585, and 586 of this Act, any vessel which has visited any hovering vessel

made by any means of communication to the collector of customs or to a customs officer assigned to board the vessel.

(b) For the purposes of this part, the time of arrival of a vessel shall be that time when she first comes to rest, whether at anchor or at a dock, in any harbor within the customs territory of the United States.

(c) In the case of a vessel described in section 441 (3), Tariff Act of 1930, as amended, the report of articles subject to entry shall be made in accordance with the provisions of $10.19 of this chapter to the customs officer assigned to board the vessel. (See § 4.1 (c).)

(d) In the case of vessels described in section 441 (4), Tariff Act of 1930, as amended, the report may be filed by either the master, owner, or agent, and shall be in the form and give the information required by that statute, except that the report need not be under oath. A derelict vessel shall be considered one in distress and any person bringing it into port may report its arrival.

shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place." (Tariff Act of 1930, sec. 401 (n), as amended; 19 U. S. C. 1432a)

"The term "hovering vessel' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue

*." (Tariff Act of 1930, sec. 401 (n), as amended; 19 U. S. C. 1401 (n))

"Every master who fails to make the report or entry provided for in section 433, 434, or 435 of this Act shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment. (Tariff Act of 1930, sec. 436, as amended; 19 U. S. C. 1436)

"Report of the arrival of a vessel of less than 5 net tons in the United States from a contiguous country otherwise than by sea is not required by section 433, Tariff Act of 1930. For the reporting requirements applicable with respect to such vessels, see § 5.1 of this chapter."

See footnote 5 to 8 4.3.

(e) The report of baggage and me chandise on a vessel within the purvie of section 441 (2), Tariff Act of 1930, a amended, shall be made as provided f in that section and shall be in additio to the required report of arrival. (Secs. 433, 441, 486, 46 Stat. 711, 712, amended, 725, as amended; 19 U.S.C. 143 1441, 1486)

§ 4.3 Vessels required to enter.

(a) Except as specified in section 44 Tariff Act of 1930, as amended R. S. 2792, R. S. 2793, as amended, ‹

"The following vessels shall not be r quired to make entry at the customhouse:

"(1) Vessels of war and public vessels en ployed for the conveyance of letters and di patches and not permitted by the laws the nations to which they belong to be en ployed in the transportation of passenge or merchandise in trade;

"(2) Passenger vessels making three trip or oftener a week between a port of th United States and a foreign port, or ves sels used exclusively as ferryboats, carry ing passengers, baggage, or merchandise Provided, That the master of any such vesse shall be required to report such baggage an merchandise to the collector within twenty four hours after arrival;

"(8) Licensed yachts or undocumente American pleasure vessels not engaged i trade nor in any way violating the custom or navigation laws of the United States an not having visited any hovering vessel Provided, That the master of any such vesse which has on board any article required b law to be entered shall be required to repor such article to the collector within twenty four hours after arrival."

"(4) Vessels arriving in distress or for th purpose of taking on bunker coal, bunke oil, sea stores, or ship's stores and whic shall depart within twenty-four hours afte arrival without having landed or taken o board any passengers, or any merchandis other than bunker coal, bunker oil, se stores, or ship's stores: Provided, That th master, owner, or agent of such vessel sha report under oath to the collector the hou and date of arrival and departure and th quantity of bunker coal, bunker oil, se stores, or ship's stores taken on board; an

"(5) Tugs enrolled and licensed to engag in the foreign and coasting trade in th northern, northeastern, and northwester frontiers when towing vessels which are re quired by law to enter and clear." (Tarif Act of 1930, sec 441, as amended. 19 U. S. O 1441)

"Vessels used exclusively as ferryboat carrying passengers, baggage, and merchan dise, shall not be required to enter and clear nor shall the masters of such vessels be re

ired to present manifests, or to pay ennce or clearance fees, or fees for receivg or certifying manifests, but they shall, on arrival in the United States, be required report such baggage and merchandise to e proper officer of the customs according law." (46 U. S. C. 110)

"Any passenger vessel engaged triweekly oftener in trade between ports of the nited States and foreign ports shall be expt from entrance and clearance fees while ch service triweekly or oftener is mainined." (46 U. S. C. 112)

"Enrolled or licensed vessels engaged in e foreign and coasting trade on the northn, northeastern, and northwestern froners of the United States, departing from or Friving at a port in one district to or from port in another district, and also touching intermediate foreign ports, shall not hereby become liable to the payment of atry and clearance fees, as if from or to Dreign ports; but such vessel shall, notwithstanding, be required to enter and clear; xcept that when such vessels are on such oyages on the Great Lakes and touch at oreign ports for the purpose of taking on unker fuel only, they may be exempted Tom entering and clearing under such rules and regulations as the Secretary of the Treasury may prescribe, notwithstanding any other provisions of law: Provided, That his exception shall not apply to such vessels if, while at such foreign port, they land Or take on board any passengers, or any merchandise other than bunker fuel, receive orders, discharge any seaman by mutual consent, or engage any seaman to replace those discharged by mutual consent, or transact any other business save that of taking on bunker fuel." (19 U. 8. C. 288)

No entry is required for a vessel of less than 5 net tons which arrives in the United States from a contiguous country otherwise than by sea. For the reporting requirements applicable with respect to such vessels, see § 5.1 of this chapter.

'Every undocumented vessel of 5 net tons or over owned by an alien, whether or not such alien is a resident of the United States, a foreign vessel.

(b) For the purposes of this part the time of departure of a vessel shall be that time when she gets under way on her outward voyage and proceeds on the voyage without thereafter coming to rest in the harbor from which she is going. (R.S. 2793, as amended, secs. 434, 435, 441, 46 Stat. 711, as amended, 712, as amended; 19 U.S.C. 288, 1434, 1435, 1441, 46 U.S.C. 111) § 4.4 Canal Zone; arrival and entry from.

For the purposes of the laws relating to reports of arrival and entry of vessels, the Canal Zone shall be regarded as foreign territory. Vessels which merely transit the Canal Zone without transacting any business there shall not be required to report their arrival or to enter because of such transit.

(a) No report of arrival or entry shall be required for any vessel owned by, or under the complete control and management of, the United States or any of its agencies, if such vessel (1) is manned wholly by members of the armed forces of the United States or by personnel in the civil service of the United States and (2) is transporting only property of the United States or passengers traveling on official business of the United States, is in ballast. However, the master or commander of each such vessel arriving from abroad shall file a declaration as provided for in § 10.24 of this chapter and, if any cargo or passengers are on board, a manifest, in duplicate, which shall include any cargo and a list of any

or

vessel, such acts shall have the same force and effect as if performed by masters of such vessels: Provided, That nothing herein contained shall relieve the master of any penalty or liability provided by any statute relating to the entry or clearance of vessels." (46 U. S. C. 91a)

Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section 434 or 435 of this Act, knowing the same to be forged, altered or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment." (Tariff Act of 1930, sec. 436, as amended; 19 U. S. C. 1436) 11 See 4.2 (b).

passengers and their baggage, specifying the number and description of the pieces of baggage belonging to each passenger. The original of each manifest required under this paragraph shall be filed with the collector within 48 hours after the arrival of the vessel. The other copy shall be made available for use by the discharging inspector at the pier.

(b) The arrival of every vessel owned or controlled and manned as described in paragraph (a) of this section but transporting other property or passengers, and every vessel so owned or controlled but not so manned, whether in ballast or transporting cargo or passengers, shall be reported in accordance with § 4.2 and the vessel shall be entered in accordance with § 4.9.

(c) Every vessel owned by, or under the complete control and management of, any foreign nation shall be exempt from or subject to the laws relating to report of arrival and entry under the same conditions as a vessel owned or controlled by the United States.

(Sec. 441(1), 46 Stat. 712; 19 U.S.C. 1441(1))

§ 4.6

Departure or unlading before report or entry.

(a) The provisions of section 585 Tariff Act of 1930, as amended,13 apply to foreign as well as American vessels, but shall not be applied to a vessel merely passing through waters within the limits of a collection district in the ordinary course of her voyage.

(b) The "limits of any collection district" as used herein are those defined by § 1.1 of this chapter, including the marginal waters to the 3-mile limit on the seaboard and the waters to the

18 "If any vessel or vehicle from a foreign port or place arrives within the limits of any collection district and departs or attempts to depart, except from stress of weather or other necessity, without making a report or entry under the provisions of this chapter, or if any merchandise is unladen therefrom before such report or entry, the master of such vessel shall be liable to a penalty of $5,000, and the person in charge of such vehicle shall be liable to a penalty of $500, and any such vessel or vehicle shall be forfeited, and any officer of the customs may cause such vessel or vehicle to be arrested and brought back to the most convenient port of the United States." (Tariff Act of 1930, sec. 585, as amended, 19 U. S. C. 1585)

boundary line on the northern al southern boundaries.

(Sec. 585, 46 Stat. 749, as amended; 19 U.S 1585)

§ 4.7 Inward foreign manifest; prod tion on demand; contents and for (a) The master of every vessel arrivi in the United States and required make entry shall have on board t vessel a manifest, as required by secti 431, Tariff Act of 1930." The manif

14 "The master of every vessel arriving the United States and required to make ent shall have on board his vessel a manifest a form to be prescribed by the Secretary the Treasury and signed by such mas under oath as to the truth of the statemer therein contained. Such manifest shall co tain:

"First. The names of the ports or plac at which the merchandise was taken on boa and the ports of entry of the United Stat for which the same is destined, particular describing the merchandise destined to ea such port: Provided, That the master of a vessel laden exclusively with coal, suga salt, nitrates, hides dyewoods, wool, or oth merchandise in bulk consigned to one own and arriving at a port for orders, may desti such cargo 'for orders,' and within fiftee days thereafter, but before the unlading any part of the cargo such manifest may amended by the master by designating t port or ports of discharge of such cargo, a in the event of failure to amend the manife within the time permitted such cargo mu be discharged at the port at which the vess arrived and entered.

"Second. The name, description, and bui of the vessel, the true measure or tonna thereof, the port to which such vessel b longs, and the name of the master of su vessel.

"Third. A detailed account of all me chandise on board such vessel, with t marks and numbers of each package, and t number and description of the packages a cording to their usual name or denominatio such as barrel, keg, hogshead, case, or ba

"Fourth. The names of the persons whom such packages are respectively co signed in accordance with the bills of ladi issued therefor, except that when such me chandise is consigned to order the manife shall so state.

"Fifth. The names of the several passer gers aboard the vessel, stating whether cab or steerage passengers, with their baggag specifying the number and description of th pieces of baggage belonging to each, and list of all baggage not accompanied by pas sengers.

"Sixth. An account of the sea stores an ship's stores on board of the vessel." (Tari Act of 1930, sec. 431; 19 U. S. C. 1431)

all be legible and complete on customs rm 7527-A, except that a collector of stoms is authorized to permit the use customs Form 7527-B in his district, lieu of customs Form 7527-A, to such tent as customs Form 7527-B will meet s requirements. The original and one py of the manifest shall be ready for roduction on demand. In addition, ere shall be at least two other copies xcept when only one is required for local ustoms purposes, but a reasonable time hall be allowed by the boarding officer or the preparation of the additional ppy or copies. If the manifest is in a reign language, a translation shall be urnished with the original and with each opy.

15 "The master of every vessel and the person in charge of every vehicle bound to a port or place in the United States shall deliver to the officer of the customs or Coast Guard who shall first demand it of him, the original and one copy of the manifest of such vessel or vehicle, and such officer shall certify on the back of the original manifest to the inspection thereof and return the same to the master or other person in charge." (Tariff Act of 1930, sec. 583; 19 U. S. C. 1583)

"Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer demanding the same shall be liable to a penalty of $500, *; Provided, That if the collector shall be satisfied that the manifest was lost or mislaid without intentional fraud, said penalties shall not be incurred. (Tariff Act of 1930, sec. 584, as amended; 19 U. S. c. 1584)

18

"Immediately upon arrival and before entering his vessel, the master of a vessel from a foreign port or place required to make entry shall mail or deliver to such employee as the Secretary of the Treasury shall designate, a copy of the manifest, and shall on entering his vessel make affidavit that a true and correct copy was so mailed or delivered, and he shall also mail or deliver to such employee designated by the Secretary a true and correct copy of any correction of such manifest filed on entry of his vessel. Any master who fails so to mail or deliver such copy of the manifest or correction thereof shall be liable to a penalty of not more than $500." (Tariff Act of 1930, sec. 439, amended: 19 U. S. C. 1439)

as

required to list only the cargo manifested for the port in question. The preceding sentence does not refer to sea or ships' stores or crews' purchases or curios.

(2) The master of a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or intended to be employed in such trade, at each port of first arrival from a foreign country shall declare on customs Form 3415 any equipment, repair part, or material purchased for the vessel, or any expense for repairs incurred, in a foreign country,1b within the purview of section 466, Tariff Act of 1930, as amended. If no equipment has been purchased or repairs made, a declaration to that effect shall be made on customs Form 3415. If the vessel is of more than 500 gross tons, the declaration shall include a statement that no work in the nature of a rebuilding or alteration which might give rise to a reasonable belief that the vessel may have been rebuilt within the meaning of the second proviso to section 27, Merchant Marine Act, 1920, as amended (46 U.S.C. 883), has been effected which has not been either previously reported or separately reported simultaneously with the filing of such declaration. The declaration shall be ready for production on demand and for inspection by the boarding officer, and shall be presented with the original manifest when formal entry of the vessel is made.

(3) The master of every American vessel of more than 500 gross tons which is altered or rebuilt, when any part of the alteration or rebuilding, including the construction of any major component of the hull or superstructure of the vessel, is effected outside the United States, its Territories (not including trust territories), or its possessions, shall upon the first entry of the vessel at a port of the United States thereafter report the facts and circumstances of the alteration or rebuilding of the vessel to the collector of customs at the port of entry. The report shall be accompanied by the papers required under § 3.28 of these regulations. If any such papers are not available at the time such report is made, they shall be produced to the collector concerned as soon thereafter as may be practicable but if they are not presented

16b See footnote 26, § 4.14(a).