ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

46 U.S.C. § 70022 — Prohibition on entry and operation

submitted 5 years ago by Pub. L. 116-283 to r/title-46-SHIPPING · 869 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section bars certain foreign vessels from United States waters and ports based on listed registrations, subject to national-security and cooperation exceptions. It requires government and vessel notifications but preserves innocent and transit passage.

(a)(1) Unless this section provides otherwise, a vessel described in (b) may not enter or operate in United States navigable waters or transfer cargo in a United States port or place. (2)(A) The ban does not apply to a vessel in (b)(1) if the Secretary of State finds its country closely cooperates with the United States in implementing applicable United Nations Security Council resolutions, or finds that national security requires an exception. It also does not apply to a vessel in (b)(2) if the Secretary of State finds it is no longer registered as described there. (B) Within 15 days of such a finding, the Secretary of State must give written notice and the reasons to the specified House and Senate committees. (C) The finding must be published in the Federal Register. (b) The covered vessel is a foreign vessel required to file a notice of arrival under section 70001(a)(5) that: (1) is on the latest list published under (c)(2); or (2) more than 180 days after that list’s publication, is knowingly registered under the 1958 Convention on the High Seas by a government whose agents or instrumentalities maintain registration of a listed vessel. (c) With the Secretary of State’s agreement, the Coast Guard’s department Secretary must keep current information on foreign vessels over 300 gross tons known to be owned or operated by North Korea or a North Korean person; by a country whose seaport operator the President named in the latest report under the specified North Korea Act; or by a country the President identified as not complying with applicable Security Council resolutions. The Secretary must periodically publish that list in the Federal Register. (d) The Secretary of State must notify each government maintaining such a registration within 30 days after publication that its registered vessels are subject to (a). If it continues the registration, the Secretary must issue another notice within 120 days after publication. (e) When receiving a notice of arrival from a covered vessel, the Coast Guard’s department Secretary must tell its master that it may not enter, operate, or transfer cargo unless the Secretary of State made (a)(2) finding or the Coast Guard’s department Secretary allows provisional entry or cargo transfer under (f). (f) That Secretary may allow provisional entry or cargo transfer when needed for the vessel’s or people’s safety. (g) This section does not authorize restricting innocent passage or transit passage recognized by international law.

the actual law source: uscode.house.gov ↗public domain
(a)Prohibition.—
(1)In general.—

Except as otherwise provided in this section, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States.

(2)Limitations on application.—
(A)In general.—

The prohibition under paragraph (1) shall not apply with respect to—

(i)

a vessel described in subsection (b)(1), if the Secretary of State determines that—

(I)

the vessel is owned or operated by or on behalf of a country the government of which the Secretary of State determines is closely cooperating with the United States with respect to implementing the applicable United Nations Security Council resolutions (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhancement Act of 2016); or

(II)

it is in the national security interest not to apply the prohibition to such vessel; or

(ii)

a vessel described in subsection (b)(2), if the Secretary of State determines that the vessel is no longer registered as described in that subsection.

(B)Notice.—

Not later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made.

(C)Publication.—

The Secretary of State shall publish a notice in the Federal Register of each determination made under subparagraph (A).

(b)Vessels Described.—

A vessel referred to in subsection (a) is a foreign vessel for which a notice of arrival is required to be filed under section 70001(a)(5), and that—

(1)

is on the most recent list of vessels published in the Federal Register under subsection (c)(2); or

(2)

more than 180 days after the publication of such list, is knowingly registered, pursuant to the 1958 Convention on the High Seas entered into force on September 30, 1962, by a government the agents or instrumentalities of which are maintaining a registration of a vessel that is included on such list.

(c)Information and Publication.—

The Secretary of the department in which the Coast Guard is operating, with the concurrence of the Secretary of State, shall—

(1)

maintain timely information on the registrations of all foreign vessels over 300 gross tons that are known to be—

(A)

owned or operated by or on behalf of the Government of North Korea or a North Korean person;

(B)

owned or operated by or on behalf of any country in which a sea port is located, the operator of which the President has identified in the most recent report submitted under section 205(a)(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016; or

(C)

owned or operated by or on behalf of any country identified by the President as a country that has not complied with the applicable United Nations Security Council resolutions (as such term is defined in section 3 of such Act); and

(2)

periodically publish in the Federal Register a list of the vessels described in paragraph (1).

(d)Notification of Governments.—
(1)In general.—

The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a).

(2)Additional notification.—

In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).

(e)Notification of Vessels.—

Upon receiving a notice of arrival under section 70001(a)(5) from a vessel described in subsection (b), the Secretary of the department in which the Coast Guard is operating shall notify the master of such vessel that the vessel may not enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States, unless—

(1)

the Secretary of State has made a determination under subsection (a)(2); or

(2)

the Secretary of the department in which the Coast Guard is operating allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).

(f)Provisional Entry or Cargo Transfer.—

Notwithstanding any other provision of this section, the Secretary of the department in which the Coast Guard is operating may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is necessary for the safety of the vessel or persons aboard.

(g)Right of Innocent Passage and Right of Transit Passage.—

This section shall not be construed as authority to restrict the right of innocent passage or the right of transit passage as recognized under international law.

Source credit: (Added and amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8508(1), Jan. 1, 2021, 134 Stat. 4755; Pub. L. 119–60, div. G, title LXXVII, § 7701(a), Dec. 18, 2025, 139 Stat. 1835.)

history & why it existsrecord from the source credit
  • 2021Enacted · Pub. L. 116-283 · 134 Stat. 4755
  • 2025Amended · Pub. L. 119-60 · 139 Stat. 1835

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case