CITE
19 USC Sec. 1433 01/05/2009
EXPCITE
TITLE 19 - CUSTOMS DUTIES
CHAPTER 4 - TARIFF ACT OF 1930
SUBTITLE III - ADMINISTRATIVE PROVISIONS
Part II - Report, Entry, and Unlading of Vessels and Vehicles
HEAD
Sec. 1433. Report of arrival of vessels, vehicles, and aircraft
STATUTE
(a) Vessel arrival
(1) Immediately upon the arrival at any port or place within the
United States or the Virgin Islands of -
(A) any vessel from a foreign port or place;
(B) any foreign vessel from a domestic port;
(C) any vessel of the United States carrying foreign
merchandise for which entry has not been made; or
(D) any vessel which has visited a hovering vessel or received
merchandise while outside the territorial sea;
the master of the vessel shall report the arrival at the nearest
customs facility or such other place as the Secretary may prescribe
by regulations.
(2) The Secretary may by regulation -
(A) prescribe the manner in which arrivals are to be reported
under paragraph (1); and
(B) extend the time in which reports of arrival must be made,
but not later than 24 hours after arrival.
(b) Vehicle arrival
(1) Vehicles may arrive in the United States only at border
crossing points designated by the Secretary.
(2) Except as otherwise authorized by the Secretary, immediately
upon the arrival of any vehicle in the United States at a border
crossing point, the person in charge of the vehicle shall -
(A) report the arrival; and
(B) present the vehicle, and all persons and merchandise
(including baggage) on board, for inspection;
to the customs officer at the customs facility designated for that
crossing point.
(c) Aircraft arrival
The pilot of any aircraft arriving in the United States or the
Virgin Islands from any foreign airport or place shall comply with
such advance notification, arrival reporting, and landing
requirements as the Secretary may by regulation prescribe.
(d) Presentation of documentation
The master, person in charge of a vehicle, or aircraft pilot
shall present, or transmit pursuant to an electronic data
interchange system, to the Customs Service such information, data,
documents, papers, or manifests as the Secretary may by regulation
prescribe.
(e) Prohibition on departures and discharge
Unless otherwise authorized by law, a vessel, aircraft or vehicle
after arriving in the United States or Virgin Islands may, but only
in accordance with regulations prescribed by the Secretary -
(1) depart from the port, place, or airport of arrival; or
(2) discharge any passenger or merchandise (including baggage).
SOURCE
(June 17, 1930, ch. 497, title IV, Sec. 433, 46 Stat. 711; Pub. L.
99-570, title III, Sec. 3112, Oct. 27, 1986, 100 Stat. 3207-80;
Pub. L. 103-182, title VI, Sec. 652, Dec. 8, 1993, 107 Stat. 2209;
Pub. L. 106-476, title I, Sec. 1452(a)(1), Nov. 9, 2000, 114 Stat.
2167.)
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act
Sept. 21, 1922, ch. 356, title IV, Sec. 433, 42 Stat. 951. That
section was superseded by section 433 of act June 17, 1930,
comprising this section, and repealed by section 651(a)(1) of the
1930 act.
R.S. Sec. 2774, requiring a report of arrival, and a further
report in the form of a manifest, and imposing a penalty for
violations was superseded by act Sept. 21, 1922, ch. 356, title IV,
Sec. 433, 42 Stat. 951, and repealed by section 642 of that act.
R.S. Sec. 2772, relative to report and entry by the master of
every vessel, bound to a port of delivery; section 2775, requiring
a special report by the master of any vessel having on board
distilled spirits or wines; and section 2832, relative to report of
arrival of vessels proceeding to the ports of Natchez or Vicksburg,
were also repealed by section 642 of the act of Sept. 21, 1922, ch.
356.
AMENDMENTS
2000 - Subsec. (a)(1)(C). Pub. L. 106-476 struck out "bonded
merchandise, or" before "foreign merchandise".
1993 - Subsec. (a)(1)(D). Pub. L. 103-182, Sec. 652(1), added
subpar. (D).
Subsec. (d). Pub. L. 103-182, Sec. 652(2), substituted "present,
or transmit pursuant to an electronic data interchange system, to
the Customs Service such information, data," for "present to
customs officers such".
Subsec. (e). Pub. L. 103-182, Sec. 652(3), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: "Unless
otherwise authorized by law, a vessel, aircraft, or vehicle may,
after arriving in the United States or the Virgin Islands -
"(1) depart from the port, place, or airport of arrival; or
"(2) discharge any passenger or merchandise (including
baggage);
only in accordance with regulations prescribed by the Secretary."
1986 - Pub. L. 99-570 amended section generally. Prior to
amendment, section read as follows: "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 of a 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
Commissioner of Customs may prescribe."
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106-476, except as otherwise provided,
applicable with respect to goods entered, or withdrawn from
warehouse, for consumption, on or after the 15th day after Nov. 9,
2000, see section 1471 of Pub. L. 106-476, set out as a note under
section 58c of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.