46 USC § 70121 - Withholding of clearance

---
identifier: "/us/usc/t46/s70121"
source: "usc"
legal_status: "official_legal_evidence"
title: "46 USC § 70121 - Withholding of clearance"
title_number: 46
title_name: "SHIPPING"
section_number: "70121"
section_name: "Withholding of clearance"
chapter_number: 701
chapter_name: "PORT SECURITY"
subchapter_number: "I"
subchapter_name: "GENERAL"
positive_law: true
currency: "119-84"
last_updated: "2026-03-26"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121 and amended Pub. L. 109–241, title IX, § 901(l)(2), (4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)"
---


# § 70121. Withholding of clearance

**(a)** **Refusal or Revocation of Clearance.—** If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty under section 70119, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty under section 70119, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of this title.

**(b)** **Clearance Upon Filing of Bond or Other Surety.—** The Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.

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**Source Credit**: (Added Pub. L. 108–293, title VIII, § 802(a)(2), Aug. 9, 2004, 118 Stat. 1079, § 70118; renumbered § 70121 and amended Pub. L. 109–241, title IX, § 901(*l*)(2), (4), July 11, 2006, 120 Stat. 565; Pub. L. 109–304, § 15(33)(B), (D), Oct. 6, 2006, 120 Stat. 1705; Pub. L. 110–181, div. C, title XXXV, § 3529(c)(1), Jan. 28, 2008, 122 Stat. 603.)

## Editorial Notes

### Amendments

2008— repealed , (D)(i). See 2006 Amendment notes below.

2006—, which directed renumbering identical to that made by ()(2), was repealed by . See Amendment note and Construction of 2006 Amendment note below.

()(2), renumbered , as added by , as this section.

Subsec. (a). , substituted “” for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”.

, which directed amendment identical to that made by ()(4), was repealed by . See Amendment note and Construction of 2006 Amendment note below.

()(4), substituted “section 70119” for “section 70120”.

## Statutory Notes and Related Subsidiaries

### Construction of 2006 Amendment

Provisions of  repealed by  to be treated as if never enacted, see , set out as a note under , Internal Revenue Code.