2017 US Code
Title 46 - Shipping
Subtitle IV - Regulation of Ocean Shipping
Part B - Actions to Address Foreign Practices
Chapter 421 - Regulations Affecting Shipping in Foreign Trade
Sec. 42107 - Refusal of clearance and entry

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Citation 46 U.S.C. § 42107 (2017)
Section Name §42107. Refusal of clearance and entry
Section Text

At the request of the Federal Maritime Commission—

(1) the Secretary of Homeland Security shall—

(A) refuse the clearance required by section 60105 of this title to a vessel of a country that is named in a regulation prescribed by the Commission under section 42101 of this title; and

(B) collect any fees imposed by the Commission under section 42106(4) 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 country that is named in a regulation prescribed by the Commission under section 42101 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.

Source Credit

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1551.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
42107 46 App.:876(j). June 5, 1920, ch. 250, §19(j); as added Pub. L. 101–595, title I, §103(2), Nov. 16, 1990, 104 Stat. 2979; Pub. L. 105–258, title III, §301, Oct. 14, 1998, 112 Stat. 1915.

In paragraph (1), the words "Secretary of Homeland Security" are substituted for "collector of customs at the 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.

Publication Title United States Code, 2012 Edition, Supplement 5, 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 421 - REGULATIONS AFFECTING SHIPPING IN FOREIGN TRADE
Sec. 42107 - Refusal of clearance and entry
Contains section 42107
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 104 Stat. 2979
112 Stat. 1915
116 Stat. 2178
120 Stat. 1551
Public Law References Public Law 101-595, Public Law 105-258, Public Law 107-296, Public Law 109-304
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