19 Cfr 4.2

U.S. Customs and Border Protection, DHS; Treasury

§ 4.3

amended), is in addition to the required
report of arrival, and must be made
within 24 hours of arrival.

§ 4.2 Reports of arrival of vessels.
(a) Upon arrival in any port or place
within the U.S., including, for purposes
of this section, the U.S. Virgin Islands,
of any vessel from a foreign port or
place, any foreign vessel from a port or
place within the U.S., or any vessel of
the U.S. carrying foreign merchandise
for which entry has not been made, the
master of the vessel must immediately
report that arrival to the nearest CBP
facility or other location designated by
the port director. The report of arrival,
except as supplemented in local instructions issued by the port director
and made available to interested parties by posting in CBP offices, publication in a newspaper of general circulation, and other appropriate means,
may be made by any means of communication to the port director or to a
CBP officer assigned to board the vessel. The CBP officer may require the
production of any documents or papers
deemed necessary for the proper inspection/examination of the vessel,
cargo, passenger, or crew.
(b) For purposes of this part, ‘‘foreign
port or place’’ includes a hovering vessel, as defined in 19 U.S.C. 1401(k), and
any point in customs waters beyond
the territorial sea or on the high seas
at which a vessel arriving in a port or
place in the U.S. has received merchandise.
(c) In the case of certain vessels arriving either in distress or for the limited purpose of taking on certain supplies and departing within a 24-hour
time period without having landed or
taken on any passengers or other merchandise (see section 441(4), Tariff Act
of 1930, as amended), the report must
be filed by either the master, owner, or
agent, and must be in the form and
give the information required by that
statute, except that the report need
not be under oath. A derelict vessel
will be considered one in distress and
any person bringing it into port must
report its arrival.
(d) The report of baggage and merchandise required to be made by certain passenger vessels making three or
more trips a week between U.S. and
foreign ports and vessels used exclusively as ferryboats carrying passengers, baggage, or merchandise (see
section 441(2), Tariff Act of 1930, as

[T.D. 93–96, 58 FR 67315, Dec. 21, 1993, as
amended by T.D. 94–44, 59 FR 23795, May 9,
1994; CBP Dec. 10–33, 75 FR 69585, Nov. 15,
2010]

§ 4.3 Vessels required to enter; place of
entry.
(a) Formal entry required. Unless specifically excepted by law, within 48
hours after the arrival at any port or
place in the United States, the following vessels are required to make
formal entry:
(1) Any vessel from a foreign port or
place;
(2) Any foreign vessel from a domestic port;
(3) Any vessel of the United States
having foreign merchandise on board
for which entry has not been made; or
(4) Any vessel which has visited a
hovering vessel as defined in 19 U.S.C.
1401(k), or has delivered or received
merchandise or passengers while outside the territorial sea.
(b) Completion of entry. (1) When vessel entry is to be made at the customhouse, either the master, licensed deck
officer, or purser may appear in person
during regular working hours to complete preliminary or formal vessel
entry; or necessary documents properly
executed by the master or other authorized officer may be delivered at the
customhouse by the vessel agent or
other personal representative of the
master.
(2) The appropriate CBP port director
may permit the entry of vessels to be
accomplished at locations other than
the customhouse, and services may be
requested outside of normal business
hours. CBP may take local resources
into consideration in allowing formal
entry to be transacted on board vessels
or at other mutually convenient approved sites and times within or outside of port limits. When services are
requested to be provided outside the
limits of a CBP port, the appropriate
port director to whom an application
must be submitted is the director of
the port located nearest to the point
where the proposed services would be
provided. That port director must be
satisfied that the place designated for

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§ 4.3a

19 CFR Ch. I (4–1–12 Edition)
merchandise is involved in the failure
to report arrival or make entry.

formal entry will be sufficiently under
CBP control at the time of entry, and
that the expenses incurred by CBP will
be reimbursed as authorized. It may be
required that advance notice of vessel
arrival be given as a condition for
granting requests for optional entry locations. A master, owner, or agent of a
vessel who desires that entry be made
at an optional location will file with
the appropriate port director an application on CBP Form 3171 and a single
entry or continuous bond on CBP Form
301 containing the bond conditions set
forth in § 113.64 of this chapter, in such
amount as that port director deems appropriate but not less than $1,000. If the
application is approved, the port director or a designated CBP officer will formally enter the vessel. Nothing in this
paragraph relieves any person or vessel
from any requirement as to how, when
and where they are to report, be inspected or receive clearance from other
Federal agencies upon arrival in the
United States.

[T.D. 93–96, 58 FR 67316, Dec. 21, 1993]

§ 4.4 Panama Canal; report of arrival
required.
Vessels which merely transit the
Panama Canal without transacting any
business there shall be required to report their arrival because of such transit. The report of arrival shall be made
in accordance with § 4.2(a).
[T.D. 79–276, 44 FR 61956, Oct. 29, 1979]

§ 4.5 Government vessels.
(a) No report of arrival or entry shall
be required of any vessel owned by, or
under the complete control and management of the United States or any of
its agencies, if such vessel is manned
wholly by members of the uniformed
services of the United States, by personnel in the civil service of the United
States, or by both, and is transporting
only property of the United States or
passengers traveling on official business of the United States, or it is ballast. In addition, any vessel chartered
by, and transporting only cargo that is
the property of, the U.S. Department of
Defense (DoD) will be treated as a Government vessel for the purpose of being
exempt from entry, where the DoDchartered vessel is manned entirely by
the civilian crew of the vessel carrier
under contract to DoD. Notwithstanding § 4.60(b)(3) of this part, such
DoD-chartered vessel is not exempt
from vessel clearance requirements.
However, if any cargo is on board, the
master or commander of each such vessel arriving from abroad shall file a
Cargo Declaration, Customs Form 1302,
or an equivalent form issued by the Department of Defense, in duplicate. The
original of each Cargo Declaration or
equivalent form required under this
paragraph shall be filed with the port
director 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. See
§ 148.73 of this chapter with respect to
baggage on carriers operated by the
Department of Defense.
(b) The arrival of every vessel owned
or controlled and manned as described
in paragraph (a) of this section but

[T.D. 00–4, 65 FR 2872, Jan. 19, 2000, as amended at CBP Dec. 10–33, 75 FR 69585, Nov. 15,
2010]

§ 4.3a Penalties for violation of vessel
reporting and entry requirements.
Violation of the arrival or entry reporting requirements provided for in
this part may result in the master
being liable for certain civil and criminal penalties, as provided under 19
U.S.C. 1436, in addition to other penalties applicable under other provisions
of law. The penalties include civil monetary penalties for failure to report arrival or make entry, and any conveyance used in connection with any such
violation is subject to seizure and forfeiture. Further, if any merchandise
(other than sea stores or the equivalent
for conveyances other than a vessel) is
involved in the failure to report arrival
or entry, additional penalties equal to
the value of merchandise may be imposed, and the merchandise may be
seized and forfeited unless properly entered by the importer or consignee.
The criminal penalties, applicable upon
conviction, include fines and imprisonment if the master intentionally commits any violation of these reporting
and entry requirements or if prohibited

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