Transiting P.R. & USVI eastbound sans B1/B2 visa

[TonyNA]

Does anybody know if it is allowable to transit eastward from the D.R. to the BVI without checking into Puerto Rico or the US Virgin Islands? Specifically can we Q-flag through and anchor only to rest or for weather in those territorial waters but not go ashore? We are a small group of boats that are considering taking the thornless path back home to the Eastern Caribbean that have crew members that can’t easily get a B1/B2 visa.

[NormanMartin]

Tony:
I have done a San Juan to Tortola trip only once. Pre-covid, of course. I didn't stop in USVI. USVI is less rigorous than BVI so I'd say an overnight would be no big deal if you didn't go ashore. The BVI is a different issue. They are VERY cautious and curious.

A pal who is a sailing pro down there today reports little enforcement on US side.

Also, I was once reprimanded by a comedy and irritation clerk about clearing into STT, USVI from PR as being not required. I cleared in anyway and they took the paperwork. When you fly in, are there clearing in formalities? I don't recall.

[denverd0n]

Originally Posted by TonyNA

Specifically can we Q-flag through and anchor only to rest or for weather in those territorial waters but not go ashore?

No. You may manage it and not get caught. Or you may get caught and suffer the consequences. But anchoring to "rest" absolutely requires you to check-in with customs.


If the weather is truly bad enough that you MUST stop, then there are exceptions for that. The customs agents, however, will not be amused by this claim if the weather has been reasonably calm recently. And, no, a little bit of rain is not going to convince them that you were suffering force majeure.

[Dsanduril]

Here are the actual rules, you might see if you can work out a way that the exceptions would apply. Then, of course, the Immigration side of things. Maybe give CBP in PR a call?

19CFR4.0

(f) Arrival of a vessel. The phrase “arrival of a vessel” means that time when the vessel first comes to rest, whether at anchor or at a dock, in any harbor within the Customs territory of the U.S.

§4.2 Reports of arrival of vessels.
(a) Upon arrival in any port or place within the U.S., including, for purposes of this section, the U.S. Virgin Islands, of any vessel from a foreign port or place, any foreign vessel from a port or place within the U.S., or any vessel of the U.S. carrying foreign merchandise for which entry has not been made, the master of the vessel must immediately report that arrival to the nearest CBP facility or other location designated by the port director. The report of arrival, except as supplemented in local instructions issued by the port director and made available to interested parties by posting in CBP offices, publication in a newspaper of general circulation, and other appropriate means, may be made by any means of communication to the port director or to a CBP officer assigned to board the vessel. The CBP officer may require the production of any documents or papers deemed necessary for the proper inspection/examination of the vessel, cargo, passenger, or crew.

(b) For purposes of this part, “foreign port or place” includes a hovering vessel, as defined in 19 U.S.C. 1401(k), and any point in customs waters beyond the territorial sea or on the high seas at which a vessel arriving in a port or place in the U.S. has received merchandise.

(c) In the case of certain vessels arriving either in distress or for the limited purpose of taking on certain supplies and departing within a 24-hour time period without having landed or taken on any passengers or other merchandise (see section 441(4), Tariff Act of 1930, as amended), the report must be filed by either the master, owner, or agent, and must be in the form and give the information required by that statute, except that the report need not be under oath. A derelict vessel will be considered one in distress and any person bringing it into port must report its arrival.

§1441. Exceptions to vessel entry and clearance requirements
The following vessels shall not be required to make entry under section 1434 of this title or to obtain clearance under section 60105 of title 46:

(1) Vessels of war and public vessels employed for the conveyance of letters and dispatches and not permitted by the laws of the nations to which they belong to be employed in the transportation of passengers or merchandise in trade.

(2) Passenger vessels making three trips or oftener a week between a port of the United States and a foreign port, or vessels used exclusively as ferryboats, carrying passengers, baggage, or merchandise: Provided, That the master of any such vessel shall be required to report such baggage and merchandise to the appropriate customs officer within twenty-four hours after arrival.

(3) Any vessel carrying passengers on excursion from the United States Virgin Islands to the British Virgin Islands and returning, if—

(A) the vessel does not in any way violate the customs or navigation laws of the United States;

(B) the vessel has not visited any hovering vessel; and

(C) the master of the vessel, if there is on board any article required by law to be entered, reports the article to the Customs Service immediately upon arrival.

(4) Any United States documented vessel with recreational endorsement or any undocumented United States pleasure vessel not engaged in trade, if—

(A) the vessel complies with the reporting requirements of section 1433 of this title, and with the customs and navigation laws of the United States;

(B) the vessel has not visited any hovering vessel; and

(C) the master of, and any other person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.

(5) Vessels arriving in distress or for the purpose of taking on bunker coal, bunker oil, sea stores, or ship's stores and which shall depart within twenty-four hours after arrival without having landed or taken on board any passengers, or any merchandise other than bunker coal, bunker oil, sea stores, or ship's stores: Provided, That the master, owner, or agent of such vessel shall report under oath to the appropriate customs officer the hour and date of arrival and departure and the quantity of bunker coal, bunker oil, sea stores, or ship's stores taken on board.

[TonyNA]

While we probably could easily just pass innocently through the area and stop when the trades pipe up during the day I don't want to be an outlaw sailor. Back in 2018 I did meet a helpful CBP officer in Mayaguez when clearing in there. He gave me his number and said call him with any questions. I wanted to do some research first before I call him -hence this post. From the CFR's it appears as long as we don't anchor in a recognized "harbor" or "place" (see US Census definition - the only federal one I could find and it still isn't P.R.) we may be okay. We'd not stop unless we can't reasonably make headway which does not take much when progressing east against trade-winds, seas and current. The best way is using katabatic suppression during the evening and night staying in quite close to shore motor sailing in the calm it creates.


Given P.R. and USVI create a significant eastbound navigational hurdle for sailing it seems there should be a way to pass innocently through this area legally without getting all gunched up with the complex rules of the United States.

[denverd0n]

Originally Posted by TonyNA

Given P.R. and USVI create a significant eastbound navigational hurdle for sailing it seems there should be a way to pass innocently through this area legally without getting all gunched up with the complex rules of the United States.

There is. Just pass through without stopping. If you are tired of sailing into a headwind, then stop, check-in, and rest as long as you'd like.

And this is not about the complex rules of the United States. Every country in the world, that I am aware of, requires you to check-in if you anchor in their waters. Every single one.

[TonyNA]

Originally Posted by denverd0n

There is. Just pass through without stopping. If you are tired of sailing into a headwind, then stop, check-in, and rest as long as you'd like.

And this is not about the complex rules of the United States. Every country in the world, that I am aware of, requires you to check-in if you anchor in their waters. Every single one.

And what makes you an authority on this? Experience?

[LittleWing77]

Originally Posted by TonyNA

And what makes you an authority on this? Experience?

If I might step in and diffuse...

Tony,

Your thread and subsequent posts give the impression that you are attempting to skirt the law. At the very least, you don't possess the B1/B2 visa that one would suppose is required (indicated in the title of your thread).

Denver takes exception to that, and while he doesn't call into question your judgement or your ulterior motives, he has taken the time and trouble to re-state international law - twice.

For every sailor who chooses to flout international law, it taints all of us.

Choose carefully and please don't rationalize YOUR decisions as the United States' having created the problem.

LittleWing77

[TonyNA]

It may come as a surprise (it did for me when I first came to the Caribbean) but for many people from Caribbean islands and the Bahamas getting a B1/B2 visa can be quite difficult to impossible. I am talking about people from the wealthier islands. This makes it practically impossible to stop in P.R. and USVI. They can travel freely between the entire Caribbean but not these two US territories. Right or wrong it is fairly common practice for sailors to make rest stops when moving north and south along the eastern Caribbean.



Thank you all for your help and comments. I wish you all fair winds and flat seas.

[Cheechako]

Just anchor off the lee shore of an island not in a harbor? :>)

"(f) Arrival of a vessel. The phrase “arrival of a vessel” means that time when the vessel first comes to rest, whether at anchor or at a dock, in any harbor within the Customs territory of the U.S."

I have Q flagged various places just for a short overnite without issue. But that doesn't mean you would get away with it.

[BillKny]

I think you'll find that especially the south coast of PR is very heavily patrolled. It's an area with a lot of illegal human and drug traffic. There are extensive air and sealevel surveillance resources deployed. Every night I was last sailing in that area a fleet of drones put a picket line east to west across the islands as far as I could see.

If you transit the area and pull into harbors without checking in I think it is highly likely you will be noticed. You might be ignored as low priority, but the idea that you'll manage the issue by being discrete is pretty high risk.

The idea that the US is somehow unique in this enforcement is just wrong. Other countries might not have the resources to catch you as easily, but it is illegal pretty much everywhere to harbor hop without checking in. If you don't think so, try anchoring--just for the night--in Canada before checking in the next morning. The always polite Canadians will not be amused.

[TonyNA]

Thanks Bill and others who have been helpful. We are ABSOLUTELY NOT trying to avoid any law or go through the area undetected. Those were statements by others not me. I am in contact with CBP and will only proceed when given a clearance - which they apparently are issuing on a case by case basis.



My other point in all of this is Americans are privileged in being able to travel about anywhere without a visa but it looks very different for many other non-Americans. The Department of State's assumption that every B1/B2 applicant is wanting to overstay and work in the US, unless they can prove otherwise, is total rubbish. We've made multiple trips to US embassies, paid airfair to travel there, spent many hours filling out onerous online applications and paid multiple $160.00 non-refundable application fees to no avail. One interviewer even told an applicant to get a fake employment letter from someone in their country and they'd get approved next time! If it were easy for our crew to get a visitor visa we'd check in, visit, stay awhile and spend some money in their troubled economies. Many "foreign" cruisers avoid P.R. and USVI because of the hassle and red tape there. I just wish they were not along our intended rout this time. If we don't get a clearance we'll just take route 65 this time and miss the places we really wanted to see like Ile a Veche Haiti and the south coast of the DR.

<end of rant>