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U.S. Code as of:
01/03/05
Section 1221. Lists of alien and citizen passengers arriving and departing
(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) of this section to provide to any
United States border officer (as defined in subsection (i) of this
section) 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) of this section to
provide any United States border officer (as defined in subsection
(i) of this section) 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)
of this section 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) of this section shall be
transmitted electronically by the appropriate official specified in
subsection (d) of this section 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) of this section 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) of this
section, 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) of
this section, 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) of this section 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.
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