Withholding of clearance

  1. Law
  2. USC 46
  3. Shipping
  4. Security and Drug Enforcement
  5. PORT SECURITY
  6. GENERAL
  7. Withholding of clearance

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§70121. Withholding of clearance

(a) Refusal or Revocation of Clearance.-If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title.

(b) Clearance Upon Filing of Bond or Other Surety.-The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

(Added Pub. L. 108–293, title VIII, §802(a)(2), Aug. 9, 2004, 118 Stat. 1079 , §70118; renumbered §70121 and amended Pub. L. 109–241, title IX, §901(l)(2), (4), July 11, 2006, 120 Stat. 565 ; Pub. L. 109–304, §15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705 ; Pub. L. 110–181, div. C, title XXXV, §3529(c)(1), Jan. 28, 2008, 122 Stat. 603 .)

Amendments

2008-Pub. L. 110–181 repealed Pub. L. 109–304, §15(33)(B), (D)(i). See 2006 Amendment notes below.

2006-Pub. L. 109–304, §15(33)(B), which directed renumbering identical to that made by Pub. L. 109–241, §901(l)(2), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, §901(l)(2), renumbered section 70118 of this title, as added by Pub. L. 108–293, §802(a)(2), as this section.

Subsec. (a). Pub. L. 109–304, §15(33)(D)(ii), substituted "section 60105 of this title" for "section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)".

Pub. L. 109–304, §15(33)(D)(i), which directed amendment identical to that made by Pub. L. 109–241, §901(l)(4), was repealed by Pub. L. 110–181. See Amendment note and Construction of 2006 Amendment note below.

Pub. L. 109–241, §901(l)(4), substituted "section 70119" for "section 70120".

Construction of 2006 Amendment

Provisions of Pub. L. 109–304 repealed by section 3529(c)(1) of Pub. L. 110–181 to be treated as if never enacted, see section 3529(c)(2) of Pub. L. 110–181, set out as a note under section 9504 of Title 26, Internal Revenue Code.


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