46 U.S.C. § 70021 — Conditions for entry to ports in the

Page 547 TITLE 46—SHIPPING § 70022 1 So in original. Probably should be preceded by ‘‘the’’. erating on the navigable waters of the United States. (b) EXCEPTIONS.—This section shall not apply to a member or element of the Department of Defense or Department of Homeland Security acting in an official capacity for the purpose of research, development, operations, testing, or training. (c) LASER POINTER DEFINED.—In this section the term ‘‘laser pointer’’ means any device de- signed or used to amplify electromagnetic radi- ation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (Added Pub. L. 116–283, div. G, title LVXXXIII, § 8342(a), Jan. 1, 2021, 134 Stat. 4709.) SUBCHAPTER III—CONDITION FOR ENTRY INTO PORTS IN THE UNITED STATES § 70021. Conditions for entry to ports in the United States (a) IN GENERAL.—No vessel that is subject to chapter 37 shall operate in the navigable waters of the United States or transfer cargo or residue in any port or place under the jurisdiction of the United States, if such vessel— (1) has a history of accidents, pollution inci- dents, or serious repair problems that, as de- termined by the Secretary, creates reason to believe that such vessel may be unsafe or may create a threat to the marine environment; (2) fails to comply with any applicable regu- lation issued under section 70034, chapter 37, or any other applicable law or treaty; (3) discharges oil or hazardous material in violation of any law of the United States or in a manner or quantities inconsistent with any treaty to which the United States is a party; (4) does not comply with any applicable ves- sel traffic service requirements; (5) is manned by one or more officers who are licensed by a certificating State that the Secretary has determined, pursuant to section 9101 of title 46, does not have standards for li- censing and certification of seafarers that are comparable to or more stringent than United States standards or international standards that are accepted by the United States; (6) is not manned in compliance with man- ning levels as determined by the Secretary to be necessary to insure the safe navigation of the vessel; or (7) while underway, does not have at least one licensed deck officer on the navigation bridge who is capable of clearly understanding English. (b) EXCEPTIONS.— (1) IN GENERAL.—The Secretary may allow provisional entry of a vessel that is not in compliance with subsection (a), if the owner or operator of such vessel proves, to the satisfac- tion of the Secretary, that such vessel is not unsafe or a threat to the marine environment, and if such entry is necessary for the safety of the vessel or persons aboard. (2) PROVISIONS NOT APPLICABLE.—Paragraphs (1), (2), (3), and (4) of subsection (a) of this sec- tion shall not apply to a vessel allowed provi- sional entry under paragraph (1) if the owner or operator of such vessel proves, to the satis- faction of the Secretary, that such vessel is no longer unsafe or a threat to the marine envi- ronment, and is no longer in violation of any applicable law, treaty, regulation, or condi- tion, as appropriate. (Added Pub. L. 115–282, title IV, § 401(a), Dec. 4, 2018, 132 Stat. 4260.) § 70022. Prohibition on entry and operation (a) PROHIBITION.— (1) IN GENERAL.—Except as otherwise pro- vided in this section, no vessel described in subsection (b) may enter or operate in the navigable waters of the United States or transfer cargo in any port or place under the jurisdiction of the United States. (2) LIMITATIONS ON APPLICATION.— (A) IN GENERAL.—The prohibition under paragraph (1) shall not apply with respect to— (i) a vessel described in subsection (b)(1), if the Secretary of State determines that— (I) the vessel is owned or operated by or on behalf of a country the government of which the Secretary of State deter- mines is closely cooperating with the United States with respect to imple- menting the applicable United Nations Security Council resolutions (as such term is defined in section 3 of the North Korea Sanctions and Policy Enhance- ment Act of 2016); or (II) it is in the national security inter- est not to apply the prohibition to such vessel; or (ii) a vessel described in subsection (b)(2), if the Secretary of State determines that the vessel is no longer registered as described in that subsection. (B) NOTICE.—Not later than 15 days after making a determination under subparagraph (A), the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate written notice of the determination and the basis upon which the determination was made. (C) PUBLICATION.—The Secretary of State shall publish a notice in the Federal Reg- ister of each determination made under sub- paragraph (A). (b) VESSELS DESCRIBED.—A vessel referred to in subsection (a) is a foreign vessel for which a notice of arrival is required to be filed under section 70001(a)(5), and that— (1) is on the most recent list of vessels pub- lished in Federal 1 Register under subsection (c)(2); or (2) more than 180 days after the publication of such list, is knowingly registered, pursuant to the 1958 Convention on the High Seas en- tered into force on September 30, 1962, by a