§ 42305. Refusal of clearance and entry

Subject to section 42306 of this title , whenever the Federal Maritime Commission determines that the conditions specified in section 42302(a) of this title exist, then at the request of the Commission—

• (1) the Secretary of Homeland Security shall refuse the clearance required by section 60105 of this title to a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title ; and
• (2) the Secretary of the department in which the Coast Guard is operating shall—
  • (A) deny entry, for purposes of oceanborne trade, of a vessel of a foreign carrier that is identified by the Commission under section 42304 of this title , to a port or place in the United States or the navigable waters of the United States; or
  • (B) detain the vessel at the port or place in the United States from which it is about to depart for another port or place in the United States.