CRUISING PERMIS USA - INFO

Merci à Claude du S/V Engoulvent pour la transmission de cette info

Nycole




CUSTOMS DIRECTIVE

NOTE THIS DIRECTIVE IS SUPERSEDED BY CBPD 3130-006B, AUGUST 3, 2004

ORIGINATING OFFICE: FO:P DISTRIBUTION: S-01
CUSTOMS DIRECTIVE NO. 3130-006A
DATE: MAY 20, 1999
SUPERSEDES: 3130-006, 11/7/88
REVIEW DATE: MAY 2001

SUBJECT: Issuance of Successive Cruising Licenses; Definition of "Undocumented American Pleasure Vessel"

1 PURPOSE. To clarify the circumstances in which a foreign owned pleasure vessel may be issued successive Cruising Licenses and to define the term "undocumented American pleasure vessel."

2 POLICY. It has been the policy of the Customs Service not to issue successive Cruising Licenses for a pleasure vessel except under special circumstances (e.g., for a pleasure vessel brought in to the United States by a foreign diplomat or a person representing a foreign country at an international organization headquartered in the United States, during the tour of that diplomat or person in the United States).

3 AUTHORITIES/REFERENCES. Sections 434, 435, and 441, Tariff Act of 1930, as amended (19 USC 1434, 1435, and 1441); Section 5, Act of May 28, 1908, as amended (35 Stat. 425; 46 USC App. 104) and Sections 4197 and 4214; Revised Statutes, as amended (46 USC App. 91 and 103); Sections 4.3, 4.60(b)(3), and 4.94, Customs Regulations (19 CFR 4.3, 4.60(b)(3), and 4.94); Section 3111.17 of the Carrier Control Handbook (Vessels) (HB 3100 02), issued July 31, 1981; Items 8903.91, 8903.92, and 8903.99.20 of the Harmonized Tariff Schedule of the United States.
.
4 DEFINITIONS.

4.1 The term "licensed yacht or undocumented American pleasure vessel" in 19 USC 1441(3) and 46 USC App. 91, under which such vessels are exempt from vessel entry and clearance under the circumstances described therein, shall be interpreted as follows:

4.2 A "licensed yacht or undocumented American pleasure vessel" includes:

4.2.1 A pleasure vessel documented by the United States Coast Guard under 46 USC Chapter 121; and an undocumented pleasure vessel owned by a citizen of the United States, regardless of whether the United States citizen is a resident of the United States and regardless of whether the vessel is numbered under a State numbering system.

4.3 A "licensed yacht or undocumented American pleasure vessel" does not include:

4.3.1 A pleasure vessel documented under a foreign flag, regardless of whether it is owned by a citizen of the United States and regardless of whether it is numbered under a State numbering system and an undocumented pleasure vessel owned by a foreign citizen, regardless of whether it is numbered under a State numbering system.

5 RESPONSIBILITIES.

5.1 Principal Field Officers (PFO), which include the Port Directors, are responsible for the overall policy implementation and reliability of this program.

5.2 Chief Inspectors (or their equivalent) shall manage the implementation of this policy.

5.3 Supervisors will be responsible for assuring adherence to this directive.

6 PROCEDURES.

6.1 In the interest of uniformity, Cruising Licenses for pleasure vessels owned by resident aliens shall be issued to:

6.1.1 Foreign documented pleasure vessels which were built in the United States or upon which duty has been paid.

6.1.2 Successive Cruising Licenses may be issued to a foreign documented pleasure vessels which were built in the United States or on which United States Customs duty has been paid, provided, that the vessel is documented under the laws of one of the countries listed in 19 CFR 4.94(b).

6.1.3 Other foreign documented pleasure vessels. Except in the special circumstances described in the POLICY portion of this Directive, a foreign documented pleasure vessel which was not built in the United States and upon which United States Customs duty has not been paid shall not be issued successive Cruising Licenses.

6.2 Upon expiration of one Cruising License, such a pleasure vessel shall not be entitled to another one until it again arrives in the United States from a foreign port or place and more than 15 days have elapsed since the expiration of the vessel's previous Cruising License.

6.3 Customs officers should be aware that a foreign documented pleasure vessel which is kept in the United States by a nonresident thereof is not subject to United States Customs duty, regardless of whether it has a Cruising License, provided, of course, that the vessel is not sold or chartered, or offered for sale or charter, to a resident of the United States.

7 MEASUREMENTS.

7.1 The number of successive cruising licenses issued.




Assistant Commissioner
Office of Field Operations