46 U.S.C. § 60105 — Clearance of vessels

(a) Vessels of the United States. Unless another law says otherwise, a U.S. vessel^* must get clearance from the Secretary of Homeland Security before leaving a U.S. port or place in three situations: (1) it is heading to a foreign port or place; (2) it is heading to another U.S. port or place while still carrying foreign merchandise that hasn't been formally entered into the country; or (3) it is heading outside the territorial sea to visit a hovering vessel or to pick up merchandise while outside the territorial sea.

(b) Other Vessels. Unless another law says otherwise, a vessel that is not a U.S. vessel must also get clearance from the Secretary before leaving a U.S. port or place in three similar situations: (1) heading to a foreign port or place; (2) heading to another U.S. port or place; or (3) heading 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 make rules about clearance, including: (1) how to apply for clearance, including what documents, data, or information must be submitted or sent through an approved electronic system; (2) allowing a vessel to get clearance before it has met every requirement, but only if the owner or operator posts a bond, in an amount the Secretary sets, promising to meet the remaining requirements within a time limit the Secretary sets — that limit cannot exceed 4 business days; and (3) allowing clearance to be granted somewhere other than an official port of entry, under conditions the Secretary sets.