Page:United States Statutes at Large Volume 120.djvu/1706

 PUBLIC LAW 109–304—OCT. 6, 2006

120 STAT. 1675

‘‘(2) the master if an owner does not reside at the port of entry. ‘‘(c) CONSEQUENCE OF NOT MAKING STATEMENT.—If the appropriate individual does not make the statement required by this section, the vessel is not entitled to the privileges of a vessel of the United States. ‘‘§ 60104. Depositing certificates of documentation with consular officers ‘‘(a) REQUIREMENT OF MASTER.—When a vessel owned by citizens of the United States, on a voyage from a port in the United States, arrives at a foreign port, the master of the vessel shall deposit the vessel’s certificate of documentation with a consular officer at the foreign port if there is a consular officer at that port. ‘‘(b) RETURN OF CERTIFICATE.—When the master produces a clearance from the appropriate officer of the foreign port, the consular officer shall return the certificate of documentation to the master if the master has complied with the provisions of law related to the discharge of seamen in a foreign country and the payment of fees of consular officers. ‘‘(c) CIVIL PENALTY AND COLLECTION.—The master of a vessel failing to deposit the certificate of documentation as required by subsection (a) is liable to the United States Government for a civil penalty of $500. The consular officer shall bring an action to recover the penalty in any court of competent jurisdiction. The action shall be brought in the name of the consular officer for the benefit of the United States. ‘‘§ 60105. Clearance of vessels ‘‘(a) VESSELS OF THE UNITED STATES.—Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States— ‘‘(1) for a foreign port or place; ‘‘(2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or ‘‘(3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea. ‘‘(b) OTHER VESSELS.—Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States— ‘‘(1) for a foreign port or place; ‘‘(2) for another port or place in the United States; or ‘‘(3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea. ‘‘(c) REGULATIONS.—The Secretary may by regulation— ‘‘(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;

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