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46 U.S.C. § 70108 — Foreign port assessment

Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70108 — Foreign port assessment

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Source file: Laws/federal/codes/united-states-code/title-46/section-70108-foreign-port-assessment--678932c44c.md
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Source location: Title 46, Chapter 701, § 70108; chapter-701-port-security.md

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**(a) In General.—** The Secretary shall assess the effectiveness of the antiterrorism measures maintained at— (1) a foreign port— (A) served by vessels documented under chapter 121 of this title; or (B) from which foreign vessels depart on a voyage to the United States; and (2) any other foreign port the Secretary believes poses a security risk to international maritime commerce. **(b) Procedures.—** In conducting an assessment under subsection (a), the Secretary shall assess the effectiveness of— (1) screening of containerized and other cargo and baggage; (2) security measures to restrict access to cargo, vessels, and dockside property to authorized personnel only; (3) additional security on board vessels; (4) licensing or certification of compliance with appropriate security standards; (5) the security management program of the foreign port; and (6) other appropriate measures to deter terrorism against the United States. **(c) Consultation.—** In carrying out this section, the Secretary shall consult with— (1) the Secretary of Defense and the Secretary of State— (A) on the terrorist threat that exists in each country involved; and (B) to identify foreign ports that pose a high risk of introducing terrorism to international maritime commerce; (2) appropriate authorities of foreign governments; and (3) operators of vessels. **(d) Periodic Reassessment.—** The Secretary, acting through the Commandant of the Coast Guard, shall reassess the effectiveness of antiterrorism measures maintained at ports as described under subsection (a) and of procedures described in subsection (b) not less than once every 3 years. **(e) Limitation on Statutory Construction.—** The absence of an inspection of a foreign port shall not bar the Secretary from making a finding that a port in a foreign country does not maintain effective antiterrorism measures. **(f) Recognition of Assessment Conducted by Other Entities.—** (1) **Certification and treatment of assessments.—** — For the purposes of this section and section 70109, the Secretary may treat an assessment that a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization has conducted as an assessment that the Secretary has conducted for the purposes of subsection (a), if— (A) the Secretary certifies that the foreign government or international organization— (i) has conducted the assessment in accordance with subsection (b); and (ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and (B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h)). (2) **Authorization to enter into an agreement.—** — For the purposes of this section and section 70109, the Secretary, in consultation with the Secretary of State, may enter into an agreement with a foreign government (including, for the purposes of this subsection, an entity of or operating under the auspices of the European Union) or international organization, under which parties to the agreement— (A) conduct an assessment, required under subsection (a); (B) share information pertaining to such assessment (including, but not limited to, information on the outcome of the assessment); or (C) both. (3) **Limitations.—** — Nothing in this section may be construed— (A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or (D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin. (4) **Notification to congress.—** — Not later than 30 days before entering into an agreement or arrangement with a foreign government under paragraph (2), the Secretary shall notify the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of the proposed terms of such agreement or arrangement. **(g) State Sponsors of Terrorism and International Terrorist Organizations.—** The Secretary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism (as defined in section 3316(h)); or (B) an entity designated by the Secretary of State as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act ([8 U.S.C. 1189](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1189&num=0&edition=prelim)); and (2) shall— (A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions described in section 70110(a) to such port.

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1189 — Designation of foreign terrorist organizations

**(a) Designation** (1) **In general** — The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that— (A) the organization is a foreign organization; (B) the organization engages in terrorist activity (as defined in [section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim) or terrorism (as defined in [section 2656f(d)(2) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2656f/d/2&num=0&edition=prelim)), or retains the capability and intent to engage in terrorist activity or terrorism) 11 So in original. The closing parenthesis probably should follow “[section 1182(a)(3)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1182/a/3/B&num=0&edition=prelim)”.; and (C) the terrorist activity or terrorism of the organization threatens the security of United States nationals or the national security of the United States. (2) **Procedure** (A) *Notice* (i) *To congressional leaders* — Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor. (ii) *Publication in Federal Register* — The Secretary shall publish th

Source: Supplied U.S. Code snapshot — release unconfirmed · 8 U.S.C. § 1189

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70110 — Actions and assistance for foreign ports or facilities and United States territories

**(a) In General.—** Unless the Secretary finds that a foreign port or facility maintains effective antiterrorism measures, the Secretary— (1) may prescribe conditions of entry into the United States for any vessel arriving from that port or facility, or any vessel carrying cargo or passengers originating from or transshipped through that port or facility; (2) may deny entry into the United States to any vessel that does not meet such conditions; and (3) shall provide public notice for passengers of the ineffective antiterrorism measures. **(b) Effective Date for Sanctions.—** Any action taken by the Secretary under subsection (a) for a particular port or facility shall take effect— (1) 90 days after the government of the foreign country with jurisdiction over or control of that port or facility is notified under section 70109 unless the Secretary finds that the government has brought the antiterrorism measures at the port or facility up to the security level the Secretary used in making an assessment under section 70108 before the end of that 90-day period; or (2) immediately upon the finding of the Secretary under subsection (a) if the Secretary finds, after consulting with the Secretary of State, that a condition exists that threatens the safety or security of passengers, vessels, or crew traveling to or from the port or facility. **(c) State Department To Be Notified.—** The Secretary immediately shall notify the Secretary of State of a finding that a port or facility does not maintain effective antiterrorism measures. **(d) Action Canceled.—** An action required under this section is no longer required if the Secretary decides that effective antiterrorism measures are maintained at the port or facility. **(e) Assistance for Foreign Ports, Facilities, and U

Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 70110

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 961 — Container Security Initiative

**(a) Establishment** The Secretary, acting through the Commissioner, shall establish and implement a program (referred to in this section as the “Container Security Initiative” or “CSI”) to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port. **(b) Assessment** The Secretary, acting through the Commissioner, may designate foreign seaports to participate in the Container Security Initiative after the Secretary has assessed the costs, benefits, and other factors associated with such designation, including— (1) the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary; (2) the volume of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport; (3) the results of the Coast Guard assessments conducted pursuant to [section 70108 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section70108&num=0&edition=prelim); (4) the commitment of the government of the country in which the foreign seaport is located to cooperating with the Department in sharing critical data and risk management information and to maintain programs to ensure employee integrity; and (5) the potential for validation of security practices at the foreign seaport by the Department. **(c) Notification** The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation. **(d) Negotiations** The Secretary, in cooperation with the Sec

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 961

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Federal law — U.S. Code and appendices · legal_authorities

46 U.S.C. § 70108 — Foreign port assessment

Page 581 TITLE 46—SHIPPING § 70108 Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. [§ 70107A. Repealed. Pub. L. 115–254, div. J, § 1809(a)(1), Oct. 5, 2018, 132 Stat. 3537] Section, added Pub. L. 109–347, title I, § 108(a), Oct. 13, 2006, 120 Stat. 1892; amended Pub. L. 111–281, title VIII, §§ 803, 824, Oct. 15, 2010, 124 Stat. 2990, 3003, related to interagency operational centers for port security. Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 115–254, div. J, § 1809(a)(2), Oct. 5, 2018, 132 Stat. 3537, provided that: ‘‘A repeal made by this sub- section [repealing this section] shall not affect an interagency operational center established before the date of enactment of this Act [Oct. 5, 2018].’’ NOTICE TO CONGRESS Pub. L. 115–254, div. J, § 1809(a)(3), Oct. 5, 2018, 132 Stat. 3537, provided that: ‘‘The Secretary of Homeland Security shall notify the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives at least 1 year before c

Source: Supplied 2024 U.S. Code historical extraction · 46 U.S.C. § 70108

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Federal law — U.S. Code and appendices · legal_authorities

8 U.S.C. § 1189 — Designation of foreign terrorist organiza-

Page 274 TITLE 8—ALIENS AND NATIONALITY § 1189 1999—Subsec. (c)(1). Pub. L. 106–78, § 748(1), substituted ‘‘45 days’’ for ‘‘60 days’’. Subsec. (c)(3)(A). Pub. L. 106–78, § 748(2), substituted ‘‘30 days’’ for ‘‘20 days’’ in introductory provisions. 1994—Subsec. (i)(1). Pub. L. 103–416 made technical correction to directory language of Pub. L. 102–232, § 309(b)(8). See 1991 Amendment note below. 1991—Subsec. (g)(3). Pub. L. 102–232, § 307(l)(4), sub- stituted ‘‘section 1182(a)(5)(A)(i)’’ for ‘‘section 1182(a)(14)’’. Subsec. (i)(1). Pub. L. 102–232, § 309(b)(8), as amended by Pub. L. 103–416, substituted ‘‘1324a(h)(3)’’ for ‘‘1324a(h)’’. 1988—Pub. L. 100–525, § 2(l)(2)(A), made technical amendment to directory language of Pub. L. 99–603, § 301(c), which enacted this section. Subsec. (c)(4). Pub. L. 100–525, § 2(l)(3), substituted ‘‘accommodations’’ for ‘‘accomodations’’ wherever ap- pearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–416, title II, § 219(z), Oct. 25, 1994, 108 Stat. 4318, provided that the amendment made by subsec. (z)(8) of that section is effective as if included in the Miscellaneous and Technical Immigration and Natu- ralization Amendments of 1991, Pub. L. 102–232. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–232, title III, § 307(l), Dec. 12, 1991, 105 Stat. 1756, provided that the amendment made by section 307(l) is effective as if included in section 603(a) of the Immigration Act of 1990, Pub. L. 101–649. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–525 effective as if included in enactment of Immigration Reform and Control Act of 1986, Pub. L. 99–603, see section 2(s) of Pub. L. 100–525, set out as a note under section 1101 of this title. EFFECTIVE DATE; REGU

Source: Supplied 2024 U.S. Code historical extraction · 8 U.S.C. § 1189

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