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19 U.S.C. § 4436 — Recovery of initial U.S. Customs and Border Protection preclearance operations costs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cost sharing agreements with relevant airport authorities** The Commissioner may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if—
(1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under [section 1629 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1629&num=0&edition=prelim) and [section 1103(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1103/a/7&num=0&edition=prelim) has been signed, but has not yet entered into force; and
(2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1).
**(b) Contents of cost sharing agreements**
(1) **In general** — Notwithstanding [section 58c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1356(g) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/g&num=0&edition=prelim), any cost sharing agreement with an airport authority authorized under subsection (a) may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs.
(2) **Timing of payments** — The airport authority’s payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis.
**(c) Account**
(1) **In general** — All amounts collected pursuant to any cost sharing a
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Source file: Laws/federal/codes/united-states-code/title-19/section-4436-recovery-of-initial-u-s-customs-and-border-protection-preclearance-opera--414a43a0fb.md
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Source location: Title 19, Chapter 28, § 4436; chapter-028-trade-facilitation-and-trade-enforcement.md
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**(a) Cost sharing agreements with relevant airport authorities** The Commissioner may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if—
(1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under [section 1629 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1629&num=0&edition=prelim) and [section 1103(a)(7) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1103/a/7&num=0&edition=prelim) has been signed, but has not yet entered into force; and
(2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1).
**(b) Contents of cost sharing agreements**
(1) **In general** — Notwithstanding [section 58c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section58c/e&num=0&edition=prelim) and [section 1356(g) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1356/g&num=0&edition=prelim), any cost sharing agreement with an airport authority authorized under subsection (a) may provide for the airport authority’s payment to U.S. Customs and Border Protection of its initial preclearance operations costs.
(2) **Timing of payments** — The airport authority’s payment to U.S. Customs and Border Protection for its initial preclearance operations costs may be made in advance of the incurrence of the costs or on a reimbursable basis.
**(c) Account**
(1) **In general** — All amounts collected pursuant to any cost sharing agreement authorized under subsection (a)—
(A) shall be credited as offsetting collections to the currently applicable appropriation, account, or fund of U.S. Customs and Border Protection;
(B) shall remain available, until expended, for the purposes for which such appropriation, account, or fund is authorized to be used; and
(C) may be collected and shall be available only to the extent provided in appropriations Acts.
(2) **Return of unused funds** — Any advances or reimbursements not used by U.S. Customs and Border Protection may be returned to the relevant airport authority.
(3) **Rule of construction** — Nothing in this subsection may be construed to preclude the use of appropriated funds from sources other than the payments collected under this subchapter to pay initial preclearance operation costs.
**(d) Defined term**
(1) **In general** — In this section, the term “initial preclearance operations costs” means the costs incurred, or expected to be incurred, by U.S. Customs and Border Protection to establish or maintain preclearance operations at an airport in a foreign country, including costs relating to—
(A) hiring, training, and equipping new U.S. Customs and Border Protection officers who will be stationed at United States domestic ports of entry or other U.S. Customs and Border Protection facilities to backfill U.S. Customs and Border Protection officers to be stationed at an airport in a foreign country to conduct preclearance operations; and
(B) visits to the airport authority conducted by U.S. Customs and Border Protection personnel necessary to prepare for the establishment or maintenance of preclearance operations at such airport, including the compensation, travel expenses, and allowances payable to such personnel attributable to such visits.
(2) **Exception** — The costs described in paragraph (1)(A) shall not include the salaries and benefits of new U.S. Customs and Border Protection officers once such officers are permanently stationed at a domestic United States port of entry or other domestic U.S. Customs and Border Protection facility after being hired, trained, and equipped.
**(e) Rule of construction** Except as otherwise provided in this section, nothing in this section may be construed as affecting the responsibilities, duties, or authorities of U.S. Customs and Border Protection.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** When authorized by treaty or executive agreement, the Secretary may station customs officers in foreign countries for the purpose of examining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States.
**(b) Functions and duties** Customs officers stationed in a foreign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed.
**(c) Compliance** The Secretary may by regulation require compliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation or exportation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry or exit within the customs territory of the United States.
**(d) Seizures** When authorized by treaty, agreement or foreign law, merchandise which is subject to seizure or forfeiture under United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law.
**(e) Stationing of foreign customs and agriculture inspection officers in the United States** The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection officials of that country (if similar privileges are extended by that country to
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress makes the following findings:
(1) Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.
**(b) Eligibility requirements**
(1) **In general** — The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—
(A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 11 See References in Text note below. of this title; and
(B) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)), that Nepal meets the eligibility requirements of such section 502.
(2) **Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation** — The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act ([19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.).
**(c) Eligible articles**
(1) **In general** — An article des
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Federal law — U.S. Code and appendices · legal_authorities
Page 1119
TITLE 19—CUSTOMS DUTIES
§ 4451
costs incurred, or expected to be incurred, by
U.S. Customs and Border Protection to estab-
lish or maintain preclearance operations at an
airport in a foreign country, including costs
relating to—
(A) hiring, training, and equipping new
U.S. Customs and Border Protection officers
who will be stationed at United States do-
mestic ports of entry or other U.S. Customs
and Border Protection facilities to backfill
U.S. Customs and Border Protection officers
to be stationed at an airport in a foreign
country to conduct preclearance operations;
and
(B) visits to the airport authority con-
ducted by U.S. Customs and Border Protec-
tion personnel necessary to prepare for the
establishment
or
maintenance
of
preclearance operations at such airport, in-
cluding the compensation, travel expenses,
and allowances payable to such personnel at-
tributable to such visits.
(2) Exception
The costs described in paragraph (1)(A) shall
not include the salaries and benefits of new
U.S. Customs and Border Protection officers
once such officers are permanently stationed
at a domestic United States port of entry or
other domestic U.S. Customs and Border Pro-
tection facility after being hired, trained, and
equipped.
(e) Rule of construction
Except as otherwise provided in this section,
nothing in this section may be construed as af-
fecting the responsibilities, duties, or authori-
ties of U.S. Customs and Border Protection.
(Pub. L. 114–125, title VIII, § 817, Feb. 24, 2016, 130
Stat. 220.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (c)(3), was in
the original ‘‘this subtitle’’, meaning subtitle B
(§§ 811–819) of title VIII of Pub. L. 114–125, which is clas-
sified principally to this subc
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