2015 US Code
Title 46 - Shipping (Sections 101 - 80509)
Subtitle IV - Regulation of Ocean Shipping (Sections 40101 - 44106)
Part B - Actions to Address Foreign Practices (Sections 42101 - 42307)
Chapter 423 - Foreign Shipping Practices (Sections 42301 - 42307)
Sec. 42305 - Refusal of clearance and entry
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 46 - SHIPPING |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 46 - SHIPPING Subtitle IV - Regulation of Ocean Shipping Part B - Actions To Address Foreign Practices CHAPTER 423 - FOREIGN SHIPPING PRACTICES Sec. 42305 - Refusal of clearance and entry |
| Contains | section 42305 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 109-304, §7, Oct. 6, 2006, 120 Stat. 1553. |
| Statutes at Large References | 102 Stat. 1572 116 Stat. 2178 120 Stat. 1553 |
| Public and Private Laws | Public Law 100-418, Public Law 107-296, Public Law 109-304 |
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Subject to section 42306 of this title, whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission—
(1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title; and
(2) the Secretary of the department in which the Coast Guard is operating shall—
(A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title, to a port or place in the United States or the navigable waters of the United States; or
(B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.
(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1553.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 42305 | 46 App.:1710a(f). | Pub. L. 100–418, title X, §10002(f), Aug. 23, 1988, 102 Stat. 1572. |
Before paragraph (1), the words "Subject to section 42306 of this title" are added to alert the reader to the application of that section. The word "determines" is substituted for "finds" for consistency with section 42306 of the revised title.
In paragraph (1), the words "Secretary of Homeland Security" are substituted for "collector of customs at any port or place of destination in the United States" because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the collector of customs previously were vested in the Secretary of the Treasury by Reorganization Plan No. 26 of 1950, and the office of collector of customs previously was abolished by Reorganization Plan No. 1 of 1965.
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