AMS Clause. U.S. Customs Clearance – if cargo is to be discharged in a U.S. port or territory subject to control by the U.S. Customs and Border Protection (CBP), Charterers warrant that all necessary details required by CBP for clearance of the cargo, inclusive of but not limited to, shipper consignee and notify party full name, address and phone number or telex number, will be included on each xxxx of lading or alternatively supplied to Owners in writing a minimum of 24 hours prior to the vessel’s arrival at the first designated U.S. port of discharge. For voyages less than 24 hours in duration this information must be included on the xxxx of lading or advised to Owners prior to the vessel departure from the loading place or port. Any delays, fines or penalties incurred due to Charterers’ failure to comply with the above will be for Charterers’ account. Effective March 4, 2004, all imported cargoes into the U.S. must be electronically reported via the Bureau of U.S. Customs and Border Protection AMS system. This requires the Owner to have a Type 3 International Carriers Bond as well as a Standard Carriers Alpha Code (SCAC). It is the responsibility of the Owner to ensure that his reporting requirement occurs 24 hours prior to the vessel’s arrival at the first U.S. port. Should the international voyage be less than 24 hours in duration, the Owner shall electronically file the manifest via the automated manifest system at the time of the loading in the foreign port. Owners and/or vessel master or their designated agent will provide a copy of the electronically filed manifest to the Charterers or their designated agent at the time of filing with CBP. Owners warrant that it is aware of the requirements of the U.S. Customs and Border Protection regulation issued on December 5, 2003 under Federal Register Part II Department of Homeland Security 19 CFP Parts 4, 103, et al. and will comply fully with these requirements for entering U.S. ports. Any delays, fines or penalties incurred due to Owners failure to comply with the above will be for Owners account. The cost of filing to be for Charterers account. Charterers to be responsible for any delay and/or fines related to late filing by their agents.
AMS Clause. (a) If the Vessel loads or carries cargo destined for the US or passing through US ports in transit, the Charterers shall comply with the current US Customs regulations (19 CFR 4.7) or any subsequent amendments thereto and shall undertake the role of carrier for the purposes of such regulations and shall, in their own name, time and expense:
AMS Clause i. Where the discharge port is located within the USA or US Territories, Vessel Party shall exercise reasonable efforts to ensure that the Vessel is aware of the requirements of the U.S. Bureau of Customs and Border Protection ruling issued on December 5, 2003, under Federal Register Part II Department of Homeland Security 19 CFR Parts 4 and 103.31 and will comply fully with these requirements for entering U.S. ports (including for avoidance of doubt the requirements of the “Automated Manifest System”).
