Report Of New Reporting Requirements For Foreign Yachts Entering US

Created by doina. Last modified on 2008-02-07 12:57:39
Topic: Cruising Information
Countries: USA

Noonsite received a report this week of new regulations applying to foreign-flagged vessels visiting the USA. According to the report, after initial entry into the country, yachts must report to CBP (Customs and Border Protection, part of the Department of Homeland Security) each time they move from one port to another, or even from one berth/marina to another within one port. It appears a yacht was recently fined $5,000 in Jacksonville, Florida for failing to report a move from one berth to another.

A careful reading of the official reporting regulations from the CBP website from 2007 do in fact state as follows:

Upon arrival at each port or place in the United States, the master shall report the fact of arrival to the nearest Customs and Border Protection port of entry.

It is a fact that foreign flagged vessels have always been required to clear their proposed itinerary with US Customs. Usually this meant just a phone call. After 9/11 things have tightened up and it may be that regulations are now being applied more stringently. On arrival in the US, all foreign-flagged yachts should find out from the CPB officer who clears them what the reporting requirements are while sailing in the country.

From the CBP website:

Who Must Report

All U.S. Citizens and aliens seeking entry to the United States MUST REPORT their arrivals.

Masters - The master or person in charge of the boat must report their arrival to U.S. Customs and Border Protection. For the purpose of these instructions, the term “boat,” means any vessel not engaged in trade or documented trade (not carrying merchandise or passengers for hire) such as pleasure boats and yachts, regardless of size. This requirement applies to all boats regardless of country of registration. Additionally, boats registered outside Canada or the U.S. must contact a local CBP office for a cruising license.

Aliens - All aliens (including alien crewmen) who are applicants for admission or otherwise seeking admission or readmission into the U.S. must report for inspection by a U.S. Customs and Border Protection Officer.

US Citizens - Persons claiming to be U.S. citizens must report to a U.S. Customs and Border Protection Officer to establish that fact to the examining officer’s satisfaction.

When Reporting Is Required

Masters must report their arrival to U.S. Customs and Border Protection if having been engaged in any of the below activities:

• After having been at any foreign port or place

• After having had contact with any hovering vessel

Reporting Procedure

The master or designee may go ashore only to report the arrival to U.S. Customs and Border Protection either in person or by telephone. No other person may leave or board the boat and no baggage or merchandise may be removed or loaded until the report of arrival is made and release granted by a U.S. Customs and Border Protection Officer.

Where to Report

Reports of arrival may be made at any ports of entry (see Noonsite USA pages for details). Upon report of arrival a U.S. Customs and Border Protection Officer will provide further instructions regarding designated reporting locations and entry processing. The boat must be made available for possible boarding at the time of the report.

Cruising Licenses

Upon arrival at each port or place in the United States, the master shall report the fact of arrival to the nearest Customs and Border Protection port of entry. Foreign flagged yachts in possession of a cruising license shall not engage in trade or violate the laws of the United States in any respect. Applications for cruising licenses are to be obtained from the CBP port director at the first port of arrival in the United States.

(see Noonsite USA pages for which countries need cruising licenses).

Failure to Report

Failure to report can result in civil penalties to include a penalty of $5,000 for the first violation and $10,000 for each subsequent violation with the conveyance subject to seizure and forfeiture. In addition to being liable for a civil penalty, any master who intentionally commits a violation is liable for a fine of not more than $2,000 or imprisonment for 1 year or both.

Fees

All documented or registered vessels 30 feet in length or greater are required to pay an annual processing (user fee) of $25.00 (U.S. currency). Payment is required for the vessel at or before the time of the first arrival for each calendar year. Private pleasure vessels not required to pay a user fee include vessels less than 30 feet in length and vessels granted a cruising license, during the term of the license.

User fee decals may be purchased by mailing payment and a completed Annual User Fee Decal Request, CBP form 339 to:

Customs and Border Protection, Decal Program Administrator, P.O. Box 382030 Pittsburgh, PA 15250-8030

Decals may also be purchased via the Internet.

For more information: Noonsite US Formalities

Please do contact Noonsite if you have more information on this.