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.
