US CUSTOMS AND BORDER PATROL
Local Boater Option
and
ARRIVAL REQUIREMENTS FOR PRIVATE YACHTS
(For Charter Yachts Please Click Here)
For Local Boater Option (LBO)
see second article below
These articles are published on the boatmiami.com
website as a public service.
When a yacht or any other type of pleasure boat arrives
in the United States ("US"), the first place
it docks must be at a Customs port or other place
where Customs service is available.
American pleasure boats that are not documented
by the US Coast Guard, but are owned by citizens living
in the US, must comply with federal laws relating
to identification numbers issued by a state, Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa
or the District of Columbia. A pleasure boat is one
that is not engaged in any foreign trade or commercial
activity. Pleasure boats may not carry merchandise
or passengers for pay.
The master of any American pleasure boat must report
to Customs immediately after arriving into the US
from a foreign port or place and must also report
any foreign merchandise on his boat that is subject
to duty. The report may be made by any means of communication
and should include the name of the boat, its nationality,
name of the master, place of docking and arrival time.
If an inspection is required, the Customs officer
will direct the vessel to an inspection area.
An American pleasure boat arriving in the US from
a foreign port or place is not required to make formal
entry provided the vessel is not engaged in trade;
the vessel has not visited any hovering vessel; the
master reports arrival as required by law and is in
compliance with US customs and navigation laws; and
any article on board required by law to be entered
or declared is reported to Customs immediately upon
arrival. If these requirements are not met, the vessel
must make formal entry with US Customs within 48 hours
after arrival.
An American pleasure boat must also obtain clearance
from US Customs before leaving a port or place in
the US and proceeding to a foreign port or place if
the vessel is engaged in trade, has visited a hovering
vessel, or is not in compliance with US laws.
The master of a foreign-flag or undocumented foreign
pleasure boat must report its arrival to US Customs
immediately and must make formal vessel entry on a
Customs Forms (CF) 1300 within 48 hours. In the absence
of a cruising license, vessels in this category must
obtain a permit before proceeding to each subsequent
US port. Navigation fees will be charged for the formal
entry, the permit to proceed, and for the clearance
of foreign-flag pleasure boats. The master of every
foreign-flagged vessel arriving in the US is required
to make entry and the master must have a complete
legible manifest consisting of CF 1300 through 1304
and a passenger list. Pleasure boats from foreign
countries, without a valid US Cruising Permit, must
obtain clearance before leaving a port or place in
the US and proceeding to a foreign port or place or
for another port or place in the US.
Cruising licenses exempt pleasure boats of certain
countries from having to undergo formal entry and
clearance procedures, such as filing manifests and
obtaining permits, to proceed as well as from the
payment of tonnage tax and entry and clearance fees
at all but the first port of entry. These licenses
can be obtained from the US Customs port director
at the first port of arrival in the US. Normally valid
for one year, a cruising license has no bearing on
the dutiability of a pleasure boat. Under Customs
policy, when a foreign flag vessel's cruising license
expires, that vessel may not be issued another license
until the following three conditions have been met:
(1) the vessel leaves the US for a foreign port or
place, and (2) it returns from that foreign port or
place, and (3) at least 15 days have elapsed since
the previous license expired. (Customs Directive 3100-06,
November 7, 1988.)
Every person entering the US must be seen in person
by an immigration officer. US citizens should carry
proof of citizenship, such as a passport or birth
certificate. If your boat has anchored or tied up,
you are considered to have entered the US. No one
shall board or leave the boat without first completing
customs processing, unless permission to do so is
granted by the Customs officer in charge. The only
exception to this requirement is to report arrival.
If it is necessary for someone to leave the boat to
report arrival to US Customs, he or she must return
to the boat after reporting and remain on board. No
one who arrived on that boat may leave until the Customs
officer grants permission to go ashore. Violations
may result in substantial penalties and forfeiture
of the boat.
*The information offered in this column is summary
in nature and should not be applied to specific cases
or situations.
Ms. Danielle Butler, the maritime attorney and
member of FYBA has prepared this summary of what every
boat-owner and charterer should know about when returning
to a US port on a recreational vessel (pleasure boat)
after visiting a foreign port. If you're coming back
from Bimini or Nassau (or anywhere else for that matter).
We take pleasure in reproducing this article originally
written for the Florida Yacht Brokers Association,
FYBA.
U.S. Customs and Border Patrol
LOCAL BOATER OPTION (LBO)
As a part of Customs and Border Protection comprehensive
effort to improve security at our nation's borders
while enhancing legitimate travel, including private
boaters CBP, has implemented the Local Boater Option
(LBO) program. This option is available to frequent
small boat operators and passengers in the Tampa,
Miami, Puerto Rico and U.S. Virgin Islands areas.
The LBO will allow CBP to expedite the arrival reporting
process to low risk boaters and focus enforcement
efforts on high-risk boaters.
Enrollment to the LBO Program is voluntary, free of
charge and will facilitate your clearance procedures.
This program will allow participants, under certain
circumstances, to telephonically report the arrival
of the vessel, make customs declarations for an imported
good, and submit necessary additional information
for immigration inspection purposes. Masters/passengers
that elect not to participate in the LBO will be required
to report to the Port of Entry for a face-to-face
inspection.
Eligibility: All U.S. citizens (USC)
and lawful permanent residents are eligible to participate.
Both masters and passengers will be allowed to register;
the master will be required to provide vessel information.
The registrant's documentation will reviewed and verified
to establish the applicant's immigration status and
identity.
Registration Location: In order to
participate in the LBO you must contact CBP at the
nearest registration location designated by the port
of entry. The registrant will be provided an appointment
to present all required documentation to CBP Officials.
The following locations in the VI will be available
for registrants in the LBO.
Port of St. Thomas
CBP - Edward W. Blyden Terminal
Veteran's Drive, Charlotte Amalie, St Thomas 00801
340-774-6755
Participation in the program does not preclude the
requirement for a face-to-face inspection upon request
by CBP Officers. Affected individuals are encouraged
to participate to expedite reporting of arrival and
clearance into the United States.
Failure to Report: Failure to report
can result in civil penalties as defined in Title
19, United States Code, Section 1436 to include a
penalty of $5,000 for the first violation and $10,000
for each subsequent violation with the conveyance
subject to seizure and forfeiture. In addition to
being liable for a civil penalty, any master who intentionally
commits a violation under subsection (A) of the above
stated section, upon conviction, is liable for a fine
of not more than $2,000 or imprisonment for one year
or both.
