NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 103, 107, 108 (R.S. § 4214; Mar. 3, 1883, c. 133, § 1, 22 Stat. 566; Jan. 16, 1895, c. 24, §§ 4, 5, 28 Stat. 625, Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Aug. 20, 1912, c. 307, § 1, 37 Stat. 315; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

Subsection (a) is based on the first sentence of R.S. § 4214, as amended (46 U.S.C. 103); subsection (b) combines the second sentence of R.S. § 4214, as amended, and section 4 of the act Jan. 16, 1895 (46 U.S.C. 107); subsection (c) combines the fourth sentence of R.S. § 4214 and section 5 of the act Jan. 16, 1895 (46 U.S.C. 108). The effect is to consolidate into one section the present §§ 103, 107, and 108 of title 46, United States Code (1964 ed.). Necessary changes in phraseology have been made to effect the combination.

The words "of the Treasury" in the first line of subsection (a) have been deleted as surplusage because "Secretary" is defined in section 101 of this act as "Secretary of the Treasury."

The words "so as to be entitled to registry as vessels of the United States" have been substituted for "in compliance with the provisions of section 4135" [of the Revised Statutes]. That section, now obsolete, reads:

"No vessel which has been recorded or registered as an American vessel of the United States, pursuant to law, and which was licensed or otherwise authorized to sail under a foreign flag, and to have the protection of any foreign government during the existence of the rebellion, shall be deemed or registered as a vessel of the United States, or shall have the rights and privileges of vessels of the United States, except under provisions of law especially authorizing such registry."

Before mesne amendments, R.S. § 4214 referred to R.S. §§ 4133-4135, which prescribed the vessels which should not be entitled to be registered or, if registered, to the benefits of registry. R.S. §§ 4133 and 4134 were repealed by act Mai. 3, 1897, c. 389, §16, 29 Stat. 691, and upon incorporation of R.S. § 4214 into the United States Code the words "if built and owned so as to be entitled to registry and the benefits thereof as vessels of the United States if such vessels were merchant vessels" were substituted for the reference to those sections by the codifier. It is an adaptation of these words which is included as a means of preserving the sense of the reference.

The words "enrolled and licensed or" have been inserted before "licensed" in subsection (a) and the words "or licensed" after "licensed" in subsection (b), to indicate with particularity that, as is true of other vessels, yachts of 20 tons and upward are enrolled and licensed, while yachts of less than 20 tons are licensed. (See secs. 232, 247, 501, and 601 of this act.)

The sentence "Such vessels shall have their name and port placed on some conspicuous portion of their hulls." at the end of subsection (b) has been omitted as covered by subsection (b) of section 262 of this act.

The words to the effect that yachts shall "in all respects, except as above, be subject to the laws of the United States," and "comply with the laws in all respects" in subsection (c) have been deleted as surplusage, since the exceptions referred to are now explicitly stated as to yachts in all the relevant statutory contexts; that is, in sections 243, 262, 909, and 936 of this act.

The reference to "title" in subsection (c) is to title XLVIII of the Revised Statutes (R.S. §§ 4131-4305)." The words "this section or of sections 251, 255, 261, 262, 265, 267, 271, 406, 514, 525, 526, 804, 904, 933, and 939 of this Act" accordingly have been substituted for "title" as referring to those sections of title XLVIII of the Revised Statutes which are relevant and which have been incorporated into this act.

The sentence "The Secretary of the Treasury shall have power to remit or mitigate any such penalty if in his opinion it was incurred without negligence or intention of fraud." at the end of subsection (c) has been deleted as covered by the last clause of section 107 of this act.

Changes have been made in arrangement and phraseology as required in the context of this act.

SEC. 802. RECIPROCAL EXEMPTION OF FOREIGN YACHTS FROM CHARGES AND TONNAGE TAXES; CRUISING LICENSES.-Whenever it shall be made to appear to the satisfaction of the President [of the United States] that yachts used and employed exclusively as pleasure

vessels and belonging to any resident of the United States are allowed to arrive at and depart from any foreign port and to cruise in the waters of such port without entering or clearing at the customhouse thereof and without the payment of any charges for entering or clearing, dues, duty per ton, tonnage taxes or charges for cruising licenses, the Secretary [of the Treasury] may authorize and direct [the customs authorities] such officers or employees as he may designate at the various ports of entry of the United States to allow yachts from such foreign port used and employed exclusively as pleasure vessels to arrive at and depart from any port of the United States and to cruise in waters of the United States without the payment of any charges for entering or clearing, dues, duty per ton, or tonnage taxes; but the Secretary [of the Treasury] may, in his discretion, direct that such foreign yachts shall be required to obtain licenses to cruise, in a form prescribed by him, before they shall be allowed under the provisions of this Act to cruise in waters of the United States. Such licenses shall be issued without cost to such yachts and shall prescribe such limitations as to length of time, direction, and place of cruising and action, and such other particulars as the Secretary [of the Treasury] may deem proper.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 104 (May 28, 1908, c. 212, § 5, 35 Stat. 425; Aug. 5, 1909, c. 6, § 37, 36 Stat. 112; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; June 26, 1948, c. 673, 62 Stat. 1051; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280). The words

"of the United States" following "President" have been deleted as surplusage;

"of the Treasury" following "Secretary" have been deleted in three places as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act;

"such officers or employees as he may designate" have been substituted for "the customs authorities" for uniformity and as consistent with 1950 Reorganization Plan No. 26 and 1965 Reorganization Plan No. 1;" and

"dues, duty per ton," have been deleted because the United States does not collect "dues" or "duty per ton" but only tonnage taxes.

SEC. 803. YACHT COMMISSIONS.-For the identification of yachts. and their owners, a commission to sail for pleasure in any designated yacht belonging to any regularly organized and incorporated yacht club, stating the exemptions and privileges enjoyed under it, may be issued by the Secretary [of the Treasury], and shall be a token of credit to any United States official, and to the authorities of any foreign power, for privileges enjoyed under it.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 105 (R.S. 4217; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "of the Treasury," following "Secretary" have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

SEC. 804. YACHT SIGNALS.-All [such] enrolled and licensed or licensed yachts shall use a signal of the form, size, and colors prescribed by the Secretary of the Navy; and the owners thereof shall at all times permit the naval architects in the employ of the United States to examine and copy the models of such yachts.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 109 (R.S. § 4215).

The words "enrolled and licensed or" have been inserted before "licensed" consistent with subsection (a) of section 801 of this act and for the reason stated in the last paragraph of the note to section 235 of this act.

The word "such" has been deleted as unnecessary in the context.

CHAPTER 9-ARRIVAL, ENTRY AND CLEARANCE OF VESSELS

SEC. 901. REPORT OF ARRIVAL; VISITING HOVERING VESSEL AS ARRIVAL. (a) 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 place, or of [a] an American 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 Secretary of the Treasury may prescribe].

(b) The master of any vessel of less than five net tons carrying merchandise [and the person in charge of any vehicle] arriving in the United States from contiguous country shall immediately report his arrival to the customs officer at the port of entry or customhouse [which shall be] nearest to the place at which such vessel [or vehicle shall cross the boundary line or] shall enter the territorial waters of the United States, and [if such vessel or vehicle have on board any merchandise, shall] produce to such customs officer a manifest as required by law, law; and no such vessel [or vehicle] shall proceed farther inland nor [shall] discharge or land any merchandise, passengers, or baggage without receiving a permit therefor from such customs officer.

(c) For the purposes of this section and sections 903, 904, 912, 917 and 931 of this Act, any vessel which has visited any hovering vessel shall be deemed to arrive or to have arrived, as the case may be, from a foreign port or place.

NOTE

This section is based on title 19, U.S.C., 1964 ed., §§1432a, 1433, 1459 (June 17, 1930, c. 497, title IV, §§433, 459, 46 Stat. 711, 717; Aug. 5, 1935, c. 438, title II, §201, 49 Stat. 521; June 25, 1938, c. 679, §10(a), 52 Stat. 1082; 1946 Reorganization Plan No. 3, eff. July 16, 1946, §§101-104, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317).

Subsection (a) of this section is taken from act June 17, 1930 (Tariff Act of 1930), c. 497, title IV, §433, 46 Stat. 711 (19 U.S.C. 1433); subsection (b) is adapted from act June 17, 1930, c. 497, title IV, $459, 46 Stat. 717, as amended act June 25, 1938, c. 679, §10(a), 52 Stat. 1082 (19 U.S.C. 1459); and subsection (c) is adapted from act Aug. 5, 1935, c. 438, title II, §201, 49 Stat. 521 (19 U.S.C. 1432a).

In subsection (a) of this section, the term "American vessel" has been substituted for "vessel of the United States," which as used in the Tariff Act of 1930

means "vessel other than a foreign vessel," in order to avoid confusion with the use throughout this act of the term "vessel of the United States" as defined in sections 201 or 305 hereof. Cf. sections 904 and 907 of this act. The words "at which such vessel shall come to" in subsections (a) have been deleted as surplusage.

The words "under such regulations as the Secretary of the Treasury may prescribe" have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act. Subsection (b) is an adaptation of so much of 8459 of the Tariff Act of 1930 as relates to the arrival of a vessel of less than five net tons. The references to "the person in charge of any vehicle" and to "vehicle" have been omitted as referring to matters beyond the scope of this act.

Changes have been made in phraseology in subsection (c) as required in the context of this act.

SEC. 902. REGULATIONS AS TO BOARDING AND LEAVING ARRIVING VESSELS BEFORE INSPECTION.-The Secretary [of the Treasury] is [hereby] authorized and directed to prescribe from time to time and enforce regulations governing the boarding and leaving 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] such officers and employees of [that] the Treasury [department] Department as he may designate. 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 [Act] section shall be construed as supplementary to section [9 of chapter 374 of the statutes of 1882, 709 of this Act and section [4606 of the Revised Statutes] 2279 of title 18, United States Code.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 163 (Mar. 31, 1900, c. 120, §§ 1-3, 31 Stat. 58; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317).

The words "of the Treasury" after "Secretary" in the first line have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "and leaving" have been inserted after "boarding" to give statutory sanction for a long-continued administrative interpretation reflected in § 4.1(c) of the Customs Regulations, 19 CFR 4.1(c), which reads as follows:

"(c) No person, with or without the consent of the master, except a pilot, officer of the customs, or coast guard, immigration officer, health officer, agent of the vessel, or consular officer, shall go on board or, except for the purpose of reporting the arrival of the vessel as required by law, leave any vessel arriving from outside the customs territory of the United States without permission of the collector of customs or the customs officer in charge until such vessel has been properly inspected by the customs and brought to the dock or anchorage at which cargo is to be laden or unladen and until all passengers and their baggage have been landed from the vessel; nor shall the master of any vessel authorize the boarding or leaving of the vessel by any person in violation of this paragraph. Every person permitted to go on board shall be subject to customs and quarantine regulations."

Section 9 of chapter 374 of the statutes of 1882 will be found as section 709 of this act. R.S. § 4606, which related to boarding vessels before arrival, was repealed by act June 25, 1948, c. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948, and is now covered by section 2279 of title 18, United States Code.

SEC. 903. UNLAWFUL UNLADING OR TRANSSHIPMENT.-[(a) The master of any vessel from a foreign port or place who allows any merchandise (including sea stores) to be unladen from such vessel at any time after its arrival within the customs waters and before such vessel has come to the proper place for the discharge of such merchandise, and before he has received a permit to unlade, shall be liable to a penalty equal to twice the value of the merchandise but not less than $1,000, and such vessel and its cargo and the merchandise so unladen shall be seized and forfeited.]

[(b)] (a) The master of any vessel from a foreign port or place who allows any merchandise (including sea stores), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen from his vessel at any place upon the high seas adjacent to the customs waters of the United States to be transshipped to or placed in or received on any vessel of any description, with knowledge, or under circumstances indicating the purpose to render it possible, that such merchandise, or any part thereof, may be introduced, or attempted to be introduced, into the United States in violation of law, shall be liable to a penalty equal to twice the value of the merchandise but not less than $1,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.

[(c)] (b) The master of any vessel from a foreign port or place who allows any merchandise (including sea stores) destined to the United States, the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen, without permit to unlade, at any place upon the high seas adjacent to the customs waters of the United States, to be transshipped to or placed in or received on any vessel of the United States or any other vessel which is owned by any person a citizen of, or domiciled in, the United States, or any corporation incorporated in the United States, shall be liable to a penalty equal to twice the value of the merchandise but not less than $1,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.

(c) The master of any vessel from a foreign port or place who allows any merchandise (including sea stores) to be unladen from such vessel at any time after its arrival within the customs waters and before such vessel has come to the proper plac for the discharge of such merchandise, and before he has received a permit to unlade, shall be liable to a penalty equal to twice the value of the merchandise but not less than $1,000, and such vessel and its cargo and the merchandise so unladen shall be seized and forfeited.

(d) If any merchandise (including sea stores) unladen in violation of the provisions of this section is transshipped to or placed in or received on any other vessel, the master of the vessel on which such merchandise is placed, and any person aiding or assisting therein, shall be liable to a penalty equal to twice the value of the merchandise, but not less than $1,000, and such vessel, and its cargo and such merchandise, shall be seized and forfeited.

(e) Whoever, at any place, if a citizen of the United States, or at any place in the United States or within one league of the coast of the United States, if a foreign national, shall engage or aid or assist in any unlading or transshipment of any merchandise in consequence