
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-77 Section 115]
[CITE: 8USC1221]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 1221. Lists of alien and citizen passengers arriving and 
        departing
        

(a) Shipment or aircraft manifest; arrival; form and contents; 
        exclusions

    Upon the arrival of any person by water or by air at any port within 
the United States from any place outside the United States, it shall be 
the duty of the master or commanding officer, or authorized agent, 
owner, or consignee of the vessel or aircraft, having any such person on 
board to deliver to the immigration officers at the port of arrival 
typewritten or printed lists or manifests of the persons on board such 
vessel or aircraft. Such lists or manifests shall be prepared at such 
time, be in such form and shall contain such information as the Attorney 
General shall prescribe by regulation as being necessary for the 
identification of the persons transported and for the enforcement of the 
immigration laws. This subsection shall not require the master or 
commanding officer, or authorized agent, owner, or consignee of a vessel 
or aircraft to furnish a list or manifest relating (1) to an alien 
crewman or (2) to any other person arriving by air on a trip originating 
in foreign contiguous territory, except (with respect to such arrivals 
by air) as may be required by regulations issued pursuant to section 
1224 of this title.

(b) Departure; shipment or aircraft manifest; form and contents; 
        exclusions

    It shall be the duty of the master or commanding officer or 
authorized agent of every vessel or aircraft taking passengers on board 
at any port of the United States, who are destined to any place outside 
the United States, to file with the immigration officers before 
departure from such port a list of all such persons taken on board. Such 
list shall be in such form, contain such information, and be accompanied 
by such documents, as the Attorney General shall prescribe by regulation 
as necessary for the identification of the persons so transported and 
for the enforcement of the immigration laws. No master or commanding 
officer of any such vessel or aircraft shall be granted clearance papers 
for his vessel or aircraft until he or the authorized agent has 
deposited such list or lists and accompanying documents with the 
immigration officer at such port and made oath that they are full and 
complete as to the information required to be contained therein, except 
that in the case of vessels or aircraft which the Attorney General 
determines are making regular trips to ports of the United States, the 
Attorney General may, when expedient, arrange for the delivery of lists 
of outgoing persons at a later date. This subsection shall not require 
the master or commanding officer, or authorized agent, owner, or 
consignee of a vessel or aircraft to furnish a list or manifest relating 
(1) to an alien crewman or (2) to any other person departing by air on a 
trip originating in the United States who is destined to foreign 
contiguous territory, except (with respect to such departure by air) as 
may be required by regulations issued pursuant to section 1224 of this 
title.

(c) 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.

(d) Penalties against noncomplying shipments or aircraft

    If it shall appear to the satisfaction of the Attorney General that 
the master or commanding officer, owner, or consignee of any vessel or 
aircraft, or the agent of any transportation line, as the case may be, 
has refused or failed to deliver any list or manifest required by 
subsection (a) or (b) of this section, or that the list or manifest 
delivered is not accurate and full, such master or commanding officer, 
owner, or consignee, or agent, as the case may be, shall pay to the 
Commissioner the sum of $300 for each person concerning whom such 
accurate and full list or manifest is not furnished, or concerning whom 
the manifest or list is not prepared and sworn to as prescribed by this 
section or by regulations issued pursuant thereto. No 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.

(e) Waiver of requirements

    The Attorney General is authorized to prescribe the circumstances 
and conditions under which the list or manifest requirements of 
subsections (a) and (b) of this section may be waived.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 231, 66 Stat. 195; Pub. 
L. 97-116, Sec. 18(g), Dec. 29, 1981, 95 Stat. 1620; Pub. L. 101-649, 
title V, Sec. 543(a)(1), Nov. 29, 1990, 104 Stat. 5057; Pub. L. 102-232, 
title III, Sec. 306(c)(4)(A), Dec. 12, 1991, 105 Stat. 1752; Pub. L. 
104-208, div. C, title III, Sec. 308(g)(1), Sept. 30, 1996, 110 Stat. 
3009-622.)


                               Amendments

    1996--Subsecs. (a), (b). Pub. L. 104-208 substituted ``section 
1224'' for ``section 1229''.
    1991--Subsec. (d). Pub. L. 102-232 substituted ``Commissioner'' for 
``collector of customs'' after ``deposit with the''.
    1990--Subsec. (d). Pub. L. 101-649 substituted ``Commissioner the 
sum of $300'' for ``collector of customs at the port of arrival or 
departure the sum of $10''.
    1981--Subsec. (d). Pub. L. 97-116 substituted ``subsection'' for 
``subsections''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-208 effective, with certain transitional 
provisions, on the first day of the first month beginning more than 180 
days after Sept. 30, 1996, see section 309 of Pub. L. 104-208, set out 
as a note under section 1101 of this title.


                    Effective Date of 1991 Amendment

    Amendment by Pub. L. 102-232 effective as if included in the 
enactment of the Immigration Act of 1990, Pub. L. 101-649, see section 
310(1) of Pub. L. 102-232, set out as a note under section 1101 of this 
title.


                    Effective Date of 1990 Amendment

    Section 543(c) of Pub. L. 101-649 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section and sections 
1227, 1229, 1282, 1284 to 1287, 1321 to 1323, and 1325 to 1328 of this 
title] shall apply to actions taken after the date of the enactment of 
this Act [Nov. 29, 1990].''


                    Effective Date of 1981 Amendment

    Amendment by Pub. L. 97-116 effective Dec. 29, 1981, see section 
21(a) of Pub. L. 97-116, set out as a note under section 1101 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 1330 of this title.
