Can a foreign flagged vessel stay in US for more than a year?

[Mantas]

Hello,

Maybe someone has some experience staying in US with the foreign flagged vessel for more than a year? I am trying to understand if this is possible in a first place. Our boat is in the boatyard for repairs and we are running low on time to finish it and sail out of US. So I am interested in what options do we have, and what happens if we overstay.

If someone has a recommendation of a company or a person who can advice on these kind of legal questions, I would really appreciate his/her contact.

Thank you.

[Tupaia]

Reliable and accurate advice would be best gotten from US Customs, everything else is just hearsay.

[SailingHarmonie]

Assuming your boat is currently in the USA under a cruising permit that is getting ready to expire. You CAN keep the boat in the USA for longer, but it can get complicated, especially if you can not move the boat out of country for 15 days.

If you boat is immobile in a boat yard one way this can be done by surrendering your registration papers until you are ready to leave. To avoid a mess, and significant potential fines, you should coordinate this with a customs broker who understands this process. There are many of them. Especially in South Florida. Google would be your friend.

[boatman61]

Is the boat US built, if it is you have no problem..
This is according to the Moorehead NC Customs office when I had a similar problem when I had to turn back in 2004 due to storm damage and return to Oriental for repairs.
As a result I had to fly back to the UK to work for a while to get some money together and ready her for another attempt in other attempt (successful) in 2005.
American built boats are like US citizens, no time restrictions in the States..

[carstenb]

You can keep you boat in the US as long as you want. The rules are a bit complicated, but this is what we were told by CPB in both Port Angeles and Anacortes in the state of washington, when covid forced us to leave our boat there and go back to Denmark. Canada was closed and our 1 year visas were expiring.

Both offices told us that if the boat stayed in the CPB district and never sailed out of it, it was not liable for US duty or taxes unless we tried to sell it. We could keep our boat in the Marina and actually be allowed to sail it in the San Juan and the northern Puget Sound.

The best advice is what was given up above. Go to the nearest CPB office and talk with an officer _ do not speak with the office help. An officer can tell you what the rules are. Try to get something in writing.

Although they will start by telling you they cannot issue you a new cruising license or extend you current one. They can, but are loathe to do it

BE courteous and sincere. explain your problem and they will almost certainly try to help you

Most every CPB agent we have spoken to (and we have talked to many over the past several years of cruising the US) have been extremely helpful.

[Capt Clark]

“ Most every CPB agent ”

What’s CPB?

[SailingHarmonie]

Originally Posted by Capt Clark

“ Most every CPB agent ”

What’s CPB?

Customs and Border Patrol

[Mantas]

Thank you everyone for your help. My boat is not US made, so this option is of the table. I am not in US at the moment so walking into CBP office to talk to officer is not very convenient. I will try to reach out to few customs brokers and see if they can help me out on this.

Once again if someone has some contacts to share I would really appreciate.

[AiniA]

One problem is that not all Customs offices even know their own rules. We had our boat (Canadian) in Florida for work we were doing ourselves. The cruising permit would have run out before the end of hurricane season and before we were done upgrades. We were told to take our boat registration and CP to the local Customs office (it was in a smallish airport). They kept our documents and gave us a different document. The clock on the CP stopped until we went back to the office several months later. They gave us a new CP with as many days left as were on the old CP. Perhaps a broker (or even someone from your marina) could do this for you. It was quick and easy and I seem to remember free.

[s/v Jedi]

I looked into this and think you are okay even with a boat not built in the US… but once your cruising permit expires, you can not sail the boat from one coast guard district to another… i.e. you can’t cruise anymore.

You can clear out and in to other ports but paperwork and costs are involved. When you are in a boatyard, you are okay but when you launch, you have to depart the country with it, without visiting other US ports, or do that paperwork which I think many will refuse to do now that we all check in with the Roam app.

About US built boats: these are allowed to renew cruising permits indefinitely… when customs agents know and understand the rules

In Florida it’s much easier to just wait for a weather window and take off for the Bahamas.

[Mantas]

Originally Posted by s/v Jedi

I looked into this and think you are okay even with a boat not built in the US… but once your cruising permit expires, you can not sail the boat from one coast guard district to another… i.e. you can’t cruise anymore.

You can clear out and in to other ports but paperwork and costs are involved. When you are in a boatyard, you are okay but when you launch, you have to depart the country with it, without visiting other US ports, or do that paperwork which I think many will refuse to do now that we all check in with the Roam app.

About US built boats: these are allowed to renew cruising permits indefinitely… when customs agents know and understand the rules

In Florida it’s much easier to just wait for a weather window and take off for the Bahamas.

Thank you very much for looking into this, you pointed me to the right direction. I contacted CBP officer and got confirmation that this way what you described is ok and I should be able to leave US after my cruising permit is expired. As well I should be able to go from port to port in US, if I do clearance/entry procedures in each of them.
But now I have another concern as CBP officer mentioned that after a year in US I might need to do importation and pay tax. Too bad CBP officer do not know this for sure.

[carstenb]

Originally Posted by Mantas

Thank you very much for looking into this, you pointed me to the right direction. I contacted CBP officer and got confirmation that this way what you described is ok and I should be able to leave US after my cruising permit is expired. As well I should be able to go from port to port in US, if I do clearance/entry procedures in each of them.
But now I have another concern as CBP officer mentioned that after a year in US I might need to do importation and pay tax. Too bad CBP officer do not know this for sure.

You do not have to import the boat unless you try to sell it. If you either stay in the same CPB district or you clear in/clear out, then you do not have to import the boat.

[hpeer]

I would STRONGLY caution that you confirm this with the office in the area where you will store the boat.

Different districts interpret the rules differently which makes things very confusing. Baltimore and Florida seem to be easier than New York district.

The below document has a map of the districts. Page 7 I think.

https://www.gao.gov/assets/gao-20-663.pdf