§ 1221. Lists of alien and citizen passengers arriving and departing
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(a)Arrival manifests For each commercial vessel or aircraft transporting any person to any seaport or airport of the United States from any place outside the United States, it shall be the duty of an appropriate official specified in subsection
(d)to provide to any United States border officer (as defined in subsection (i)) at that port manifest information about each passenger, crew member, and other occupant transported on such vessel or aircraft prior to arrival at that port.
(b)Departure manifests For each commercial vessel or aircraft taking passengers on board at any seaport or airport of the United States, who are destined to any place outside the United States, it shall be the duty of an appropriate official specified in subsection
(d)to provide any United States border officer (as defined in subsection (i)) before departure from such port manifest information about each passenger, crew member, and other occupant to be transported.
(c)Contents of manifest The information to be provided with respect to each person listed on a manifest required to be provided under subsection
(a)or
(b)shall include—
(1)complete name;
(2)date of birth;
(3)citizenship;
(4)sex;
(5)passport number and country of issuance;
(6)country of residence;
(7)United States visa number, date, and place of issuance, where applicable;
(8)alien registration number, where applicable;
(9)United States address while in the United States; and
(10)such other information the Attorney General, in consultation with the Secretary of State, and the Secretary of Treasury determines as being necessary for the identification of the persons transported and for the enforcement of the immigration laws and to protect safety and national security.
(d)Appropriate officials specified An appropriate official specified in this subsection is the master or commanding officer, or authorized agent, owner, or consignee, of the commercial vessel or aircraft concerned.
(e)Deadline for requirement of electronic transmission of manifest information Not later than January 1, 2003, manifest information required to be provided under subsection
(a)or
(b)shall be transmitted electronically by the appropriate official specified in subsection
(d)to an immigration officer.
(f)Prohibition No operator of any private or public carrier that is under a duty to provide manifest information under this section shall be granted clearance papers until the appropriate official specified in subsection
(d)has complied with the requirements of this subsection, except that, in the case of commercial vessels or aircraft that the Attorney General determines are making regular trips to the United States, the Attorney General may, when expedient, arrange for the provision of manifest information of persons departing the United States at a later date.
(g)Penalties against noncomplying shipments, aircraft, or carriers If it shall appear to the satisfaction of the Attorney General that an appropriate official specified in subsection (d), any public or private carrier, or the agent of any transportation line, as the case may be, has refused or failed to provide manifest information required by subsection
(a)or (b), or that the manifest information provided is not accurate and full based on information provided to the carrier, such official, carrier, or agent, as the case may be, shall pay to the Commissioner the sum of $1,000 for each person with respect to whom such accurate and full manifest information is not provided, or with respect to whom the manifest information is not prepared as prescribed by this section or by regulations issued pursuant thereto. No commercial vessel or aircraft shall be granted clearance pending determination of the question of the liability to the payment of such penalty, or while it remains unpaid, and no such penalty shall be remitted or refunded, except that clearance may be granted prior to the determination of such question upon the deposit with the Commissioner of a bond or undertaking approved by the Attorney General or a sum sufficient to cover such penalty.
(h)Waiver The Attorney General may waive the requirements of subsection
(a)or
(b)upon such circumstances and conditions as the Attorney General may by regulation prescribe.
(i)United States border officer defined In this section, the term “United States border officer” means, with respect to a particular port of entry into the United States, any United States official who is performing duties at that port of entry.
(j)Record of citizens and resident aliens leaving permanently for foreign countries The Attorney General may authorize immigration officers to record the following information regarding every resident person leaving the United States by way of the Canadian or Mexican borders for permanent residence in a foreign country: Names, age, and sex; whether married or single; calling or occupation; whether able to read or write; nationality; country of birth; country of which citizen or subject; race; last permanent residence in the United States; intended future permanent residence; and time and port of last arrival in the United States; and if a United States citizen or national, the facts on which claim to that status is based.
(June 27, 1952, ch. 477, title II, ch. 4, § 231, 66 Stat. 195; Pub. L. 97–116, § 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101–649, title V, § 543(a)(1), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 102–232, title III, § 306(c)(4)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 104–208, div. C, title III, § 308(g)(1), Sept. 30, 1996, 110 Stat. 3009–622; Pub. L. 107–77, title I, § 115, Nov. 28, 2001, 115 Stat. 768; Pub. L. 107–173, title IV, § 402(a), May 14, 2002, 116 Stat. 557.)
Connections221 cite this · traces to 3
Cited by 221 sections · top 60
U.S. Code
- § 1101Definitions
- § 1325Improper entry by alien
- § 1701Definitions
- § 1326Reentry of removed aliens
- § 618Enforcement and penalties
- § 1365aIntegrated entry and exit data system
- § 1282Conditional permits to land temporarily
- § 1323Unlawful bringing of aliens into United States
- § 1321Prevention of unauthorized landing of aliens
- § 1327Aiding or assisting certain aliens to enter
- § 1224Designation of ports of entry for aliens arriving by aircraft
- § 1286Discharge of alien crewmen; penalties
- § 1328Importation of alien for immoral purpose
- § 1322Bringing in aliens subject to denial of admission on a health-related ground; persons liable; clearance papers; exceptions; “person” defined
- § 1284Control of alien crewmen
- § 1285Employment on passenger vessels of aliens afflicted with certain disabilities
- § 1287Alien crewmen brought into the United States with intent to evade immigration laws; penalties
- § 2508Foreign participants; admission into the United States as nonimmigrants; removal
- § 855Violations; penalties; deportation
statutes-at-large
- Public Law 97–116To amend the Immigration and Nationality Act, and for other purposes
- Public Law 105–259To extend the date by which an automated entry–exit control system must be developed
- Public Law 107–173To enhance the border security of the United States, and for other purposes
- Public Law 109–347To improve maritime and cargo security through enhanced layered defenses, and for other purposes
- Public Law 107–77Making appropriations for the Departments of Commerce, Justice, and Slate, the Judiciary, and related agencies for the fiscal year ending September 30, 2002, and for other purposes
- Public Law 109–90Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2006, and for other purposes
- Public Law 108–90Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2004, and for other purposes
- Public Law 101–649To amend the Immigration and Nationality Act to change the level, and preference system for admission, of immigrants to the United States, and to provide for administrative naturalization, and for other purposes
- Public Law 108–334Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2005, and for other purposes
- Public Law 104–207Waiving certain enrollment requirements with respect to any bill or joint resolution of the One Hundred Fourth Congress making genera) or continuing appropriations for fiscal year 1997
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
- Public Law 106–215To amend section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, and for other purposes
- Public Law 102–232To amend the Immigration and Nationality Act to restore certain exclusive authority in courts to administer oaths of allegiance for naturalization, to revise provisions relating to O and P nonimmigrants, and to make certain technical corrections relating to the immigration laws
register
- Presidential DocumentsFinal rule; request for comments on expanded applicability in maritime context
- Proposed RulesNotice of proposed rulemaking
- UnknownFinal rule
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- UnknownFinal rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Rules and RegulationsSemiannual regulatory agenda
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- Presidential DocumentsFinal rule
- Proposed RulesNotice
- NoticesNotice of meeting *Committee meeting:* Immigration and Naturalization Service (INS) Data Management Improvement Act of 2000 (DMIA) Task Force
- Proposed RulesTemporary rule; modification of a closure
- NoticesGeneral notice
- UnknownFinal rule
- UnknownFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsFinal rule
- Rules and RegulationsInterim final rule with request for comments
- Rules and RegulationsInterim final rule with request for comments
- Presidential DocumentsIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- NoticesIntroduction to the Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions
- UnknownFinal rule
- Presidential DocumentsIntroduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions
- UnknownFinal rule
- NoticesGeneral notice
- UnknownFinal rule
30 references not yet in our index
- June 27, 1952, ch. 477
- 66 Stat. 195
- Pub. L. 97–116, § 18(g)
- 95 Stat. 1620
- Pub. L. 101–649, title V, § 543(a)(1)
- 104 Stat. 5057
- Pub. L. 102–232, title III, § 306(c)(4)(A)
- 105 Stat. 1752
- Pub. L. 104–208, div. C, title III, § 308(g)(1)
- 110 Stat. 3009–622
- Pub. L. 107–77, title I, § 115
- 115 Stat. 768
- Pub. L. 107–173, title IV, § 402(a)
- 116 Stat. 557
- Pub. L. 107–173
- Pub. L. 107–77, § 115(a)
- Pub. L. 107–77, § 115(b)
- Pub. L. 107–77, § 115(c)
- Pub. L. 104–208
- Pub. L. 102–232
- Pub. L. 101–649
- Pub. L. 97–116
- Pub. L. 107–173, title IV, § 402(c)
- 116 Stat. 559
- section 309 of Pub. L. 104–208
- section 310(1) of Pub. L. 102–232
- Pub. L. 101–649, title V, § 543(c)
- 104 Stat. 5059
- section 21(a) of Pub. L. 97–116
- Pub. L. 107–173, title IV, § 402(b)
Citation graph
cites case law
§ 1221
Lists of alien and citizen passengers arriving and departing
Fed. Reg.×90
Bills×87
U.S.C.×22
Stat.×20
Stat. Comp.×2
ActJune 27, 1952, ch. 477
Stat.66 Stat. 195
Pub. L.Pub. L. 97–116, § 18(g)
Stat.95 Stat. 1620
Pub. L.Pub. L. 101–649, title V, § 543(a)(1)
Cites 33 · showing 8Cited by 221 across 5 sources