1
So in original. Probably should be preceded by “the”.
References in Text
Sections 3 and 205(a)(1)(A) of the North Korea Sanctions and Policy Enhancement Act of 2016, referred to in subsecs. (a)(2)(A)(i)(I) and (c)(1)(B), (C), are classified to sections 9202 and 9225(a)(1)(A), respectively, of Title 22, Foreign Relations and Intercourse.
Codification
Section, as added and amended by [Pub. L. 116–283], is based on [section 16 of Pub. L. 92–340], as added [Pub. L. 115–44, title III, § 315(a)], Aug. 2, 2017, [131 Stat. 948], which was formerly classified to section 1232c of Title 33, Navigation and Navigable Waters, repealed by [Pub. L. 115–282, title IV], §402(e), Dec. 4, 2018, [132 Stat. 4264], then transferred to this title and renumbered as this section effective upon the enactment of such [Pub. L. 115–282] and notwithstanding such repeal.
Amendments
2021—[Pub. L. 116–283, § 8508(1)(A)], transferred [section 16 of Pub. L. 92–340] to this title and renumbered it as this section. See Codification note above.
Subsec. (b). [Pub. L. 116–283, § 8508(1)(B)(i)], substituted “section 70001(a)(5)” for “section 4(a)(5)” in introductory provisions.
Subsec. (c)(2). [Pub. L. 116–283, § 8508(1)(B)(ii)], substituted “periodically” for “not later than 180 days after the date of the enactment of this section, and periodically thereafter,”.
Subsec. (e). [Pub. L. 116–283, § 8508(1)(B)(i)], substituted “section 70001(a)(5)” for “section 4(a)(5)” in introductory provisions.
Subsec. (h). [Pub. L. 116–283, § 8508(1)(B)(iii)], struck out subsec. (h). Text read as follows: “In this section, the term ‘foreign vessel’ has the meaning given that term in section 110 of title 46, United States Code.”
Statutory Notes and Related Subsidiaries
Prohibition on Entry and Operation of Russian Vessels
[Pub. L. 117–263, div. K, title CXV, § 11524], Dec. 23, 2022, [136 Stat. 4143], provided that:“(a)
Prohibition.—
“(1)
In general.—
Except as otherwise provided in this section, during the period in which Executive Order 14065 (87 Fed. Reg. 10293, relating to blocking certain Russian property or transactions), or any successor Executive Order is in effect, 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 a vessel described in subsection (b) if the Secretary of State determines that—
“(i)
the vessel is owned or operated by a Russian national or operated by the government of the Russian Federation; and
“(ii)
it is in the national security interest not to apply the prohibition to such vessel.
“(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 Infrastructure 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 Register of each determination made under subparagraph (A).
“(3)
Savings clause.—
The prohibition under paragraph (1) shall not apply with respect to vessels engaged in passage permitted under international law.
“(b)
Vessels Described.—
A vessel referred to in subsection (a) is a vessel owned or operated by a Russian national or operated by the government of the Russian Federation.
“(c)
Information and Publication.—
The Secretary, with the concurrence of the Secretary of State, shall—
“(1)
maintain timely information on the registrations of all foreign vessels owned or operated by or on behalf of the Government of the Russian Federation, a Russian national, or a entity organized under the laws of the Russian Federation or any jurisdiction within the Russian Federation; and
“(2)
periodically publish in the Federal Register a list of the vessels described in paragraph (1).
“(d)
Notification of Governments.—
“(1)
In general.—
The Secretary of State shall notify each government, the agents or instrumentalities of which are maintaining a registration of a foreign vessel that is included on a list published under subsection (c)(2), not later than 30 days after such publication, that all vessels registered under such government’s authority are subject to subsection (a).
“(2)
Additional notification.—
In the case of a government that continues to maintain a registration for a vessel that is included on such list after receiving an initial notification under paragraph (1), the Secretary shall issue an additional notification to such government not later than 120 days after the publication of a list under subsection (c)(2).
“(e)
Notification of Vessels.—
Upon receiving a notice of arrival under
section 70001(a)(5) of title 46, United States Code, from a vessel described in subsection (b), the Secretary shall notify the master of such vessel that the vessel may not 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, unless—
“(1)
the Secretary of State has made a determination under subsection (a)(2); or
“(2)
the Secretary allows provisional entry of the vessel, or transfer of cargo from the vessel, under subsection (f).
“(f)
Provisional Entry or Cargo Transfer.—
Notwithstanding any other provision of this section, the Secretary may allow provisional entry of, or transfer of cargo from, a vessel, if such entry or transfer is necessary for the safety of the vessel or persons aboard.”
[For definition of “Secretary” as used in [section 11524 of Pub. L. 117–263], set out above, see [section 11002 of Pub. L. 117–263], set out as a note under section 106 of Title 14, Coast Guard.]