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19 U.S.C. § 4433 — Establishment of preclearance operations
Federal law — U.S. Code and appendices · legal_authorities
Pursuant to [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), and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 11 See References in Text note below. of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4433
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Source file: Laws/federal/codes/united-states-code/title-19/section-4433-establishment-of-preclearance-operations--0a82714c93.md
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Source location: Title 19, Chapter 28, § 4433; chapter-028-trade-facilitation-and-trade-enforcement.md
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Pursuant to [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), and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 11 See References in Text note below. of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1629
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Federal law — U.S. Code and appendices · legal_authorities
Page 1117
TITLE 19—CUSTOMS DUTIES
§ 4433
(Pub. L. 114–125, title VIII, § 813, Feb. 24, 2016, 130
Stat. 217.)
Editorial Notes
REFERENCES IN TEXT
Section 44901(d)(4)(B) of title 49, referred to in text,
was redesignated section 44901(d)(2)(B) of title 49 by
Pub. L. 115–254, div. K, title I, § 1991(d)(1)(C)(iii), Oct. 5,
2018, 132 Stat. 3628.
§ 4433. Notification and certification to Congress
(a) Initial notification
Not later than 60 days before an agreement
with the government of a foreign country to es-
tablish U.S. Customs and Border Protection
preclearance operations in such foreign country
enters into force, the Secretary shall provide
the
appropriate
congressional
committees
with—
(1) a copy of the agreement to establish such
preclearance operations, which shall include—
(A) the identification of the foreign coun-
try with which U.S. Customs and Border
Protection
intends
to
enter
into
a
preclearance agreement;
(B)
the
location
at
which
such
preclearance operations will be conducted;
and
(C) the terms and conditions for U.S. Cus-
toms and Border Protection personnel oper-
ating at the location;
(2) an assessment of the impact such
preclearance operations will have on legiti-
mate trade and travel, including potential im-
pacts on passengers traveling to the United
States;
(3) an assessment of the impacts such
preclearance operations will have on U.S. Cus-
toms and Border Protection domestic port of
entry staffing;
(4) country-specific information on the an-
ticipated homeland security benefits associ-
ated with establishing such preclearance oper-
ations;
(5)
information
on
potential
security
vulnerabilities associated with commencing
such preclearance operations and mitigation
plans to address such potential security
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4433
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.