Public Law 75–476

That section 4197 of the Revised Statutes of the United States (U. S. C., 1934 edition, title 46, sec. 91), be amended to read as follows:

“The master or person having the charge or command of any vessel

Manifest of all cargo aboard and value thereof, by master, etc., before departure.

bound to a foreign port shall deliver to the collector of the district from which such vessel is about to depart a manifest of all the cargo on board the same, and the value thereof, by him subscribed, and shall swear to the truth thereof; whereupon the collector shall grant a clearance for such vessel and her cargo, but without specifying the particulars thereof in the clearance, unless required by the master or other person having the charge or command of such vessel so to do.

Penal provisions.

Departure to foreign port without clearance; exception.

If any vessel bound to a foreign port (other than a licensed yacht not engaging in any trade nor in any way violating the revenue laws of the United States) departs from any port or place in the UnitedStates without a clearance, or if the master delivers a false manifest,

False manifest, etc.

or does not answer truly the questions demanded of him, or, having

Adding to cargo; departure delayed without reporting delay.

received a clearance adds to the cargo of such vessel without having mentioned in the report outwards the intention to do so, or if the departure of the vessel is delayed beyond the second day after obtaining clearance without reporting the delay to the. collector, the master or other person having the charge or command of such vessel shall be liable to a penalty of not more than $1,000 nor less than $500, or if the

Penalty.

cargo consists in any part of narcotic drugs, or any spirits, wines, or

In case of narcotics, spirits, etc.

other alcoholic liquors (sea stores excepted ), a penalty of not more than $5,000 nor less than $1,000 for each offense, and the vessel shall

Enforcement.

be detained in any port of the United States until the said penalty is paid or secured: Provided, That in order that the commerce, of the

Proviso.

Clearance without filing complete manifest, etc.; bond.

United States may move with expedition and without undue delay, the Secretary of Commerce is hereby authorized to make regulations permitting the master of any vessel taking on cargo for a foreign port or for a port in noncontiguous territory belonging to the United States to file a manifest as hereinbefore provided, and if the manifest be not a complete manifest and it so appears upon such manifest, the collector of customs may grant clearance to the vessel in the case of an incomplete manifest, taking from the owner of the vessel, who may act in the premises by a duly authorized attorney in fact, a bond with security approved by the, collector of customs in the penal sum of $1,000, conditioned that the master or someone for him will file a completed outward manifest not later than the fourth business day after the clearance of the vessel. In the event that the said complete outward

Penalty for delinquency.

manifest be not filed as required by the provisions of this section and the regulations made by the Secretary of Commerce in pursuance hereof, then a penalty of $50 for each day’s delinquency beyond the allowed period of four days for filing the completed manifest shall be exacted, and if the completed manifest be not filed within the three days following the four-day period, then for each succeeding day of delinquency a penalty of $100 shall be exacted. Suit may

Suit for recovery of penalties.

be instituted in the name of the United States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond.”

Sec. 2.

Section 4200 of the Revised Statutes of the United States

R. S. § 4200.

46 U. S. C. § 92.

Post, p. 1248.

(U. S. C., 1934 edition, title 46, sec. 92), is amended to read as follows:

“Before a clearance shall be granted for any vessel bound to a

Shippers’, etc., manifests.

foreign port, the owners, shippers, or consignors of the cargo of such vessels shall deliver to the collector manifests of the cargo, or

Verification.

the parts thereof shipped by them respectively, and shall verify the same by oath. Such manifests shall specify the kinds and quantities

Contents.

of the articles shipped respectively, and the value of the total quantity of each kind of article; and the oath to each manifest shall state that it contains a full, just, and true account of all articles laden on board of such vessel by the owners, shippers, or consignors, respectively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exportation. And before a clearance shall be granted

Sworn statement as to destination.

for any such vessel, the master of that vessel, and the owners, shippers, and consignors of the cargo, shall state, upon oath, to the collector, the foreign port or country in which such cargo is truly intended to be landed. The oaths shall be taken and subscribed in writing: Provided, That in order that the commerce of the United

Proviso.

Clearance without filing manifest, etc.; bond.

Post, p. 1248.

States may move with expedition and without undue delay, the Secretary of Commerce is hereby authorized to make regulations permitting the clearance of a vessel having on board cargo destined to a foreign port or to a port in noncontiguous territory belonging to the United States, before delivery to the collector of customs of shippers’ manifests or export declarations of the cargo laden on board. Upon receipt by the collector of a bond with security approved by him in the penal sum of $1,000, conditioned that the complete shippers’ manifests or export declarations of all cargo laden aboard such vessel shall be filed with him not later than the fourth

Penalty for delinquency.

business day after the clearance of the vessel. In the event that all of the shippers’ manifests or export declarations are not filed as required by the provisions of this section and the regulations made by the Secretary of Commerce in pursuance hereof, then a penalty of $50 for each day’s delinquency beyond the allowed period of four days for filing all of the shippers’ manifests or export declarations shall be exacted, and if all of the shippers’ manifests or export declarations are not filed within the three days following the four-day period, then for each succeeding day of delinquency, a penalty of

Suit for recovery of penalties.

$100 shall be exacted. Suit may be instituted in the name of the United States against the principal and surety on the bond for the recovery of any penalties that may accrue and be exacted in accordance with the terms of the bond.”

Sec. 3.

Nothing contained in this Act shall be taken to repeal, modify, alter, or amend any existing statute other than those specifically amended herein with respect to the necessary papers, documents, or licenses required to be produced by the master, owner, operator, or consignor, relating to the required prerequisites for the granting of clearance for a cargo destined to foreign ports or to a port in noncontiguous territory belonging to the United States.