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HR 1268119th CongressIn Committee

Extending Limits of U.S. Customs Waters Act

Introduced: Feb 12, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

H.R. 1268, the Extending Limits of U.S. Customs Waters Act, would expand the United States’ “customs waters” from 12 nautical miles to 24 nautical miles from the United States baselines. The expansion would be carried out in a way that remains consistent with existing Presidential Proclamations (5928 of 1988 and 7219 of 1999), which govern the territorial sea and the contiguous zone under international law. The bill would update the definitions in the Tariff Act of 1930 and the Anti-Smuggling Act to reflect these broader boundaries, clarifying that U.S. customs enforcement can extend to the territorial sea and contiguous zone as permitted by international law. The changes would take effect the day after enactment. The measure was introduced in the House by Rep. Salazar (and cosponsors) and referred to the Ways and Means Committee.

Key Points

  • 1Extends U.S. customs waters from 12 nautical miles to 24 nautical miles from the baselines of the United States, aligning with international-law-backed limits.
  • 2Reframes the definition of customs waters to be based on baselines determined by international law, rather than the coast itself.
  • 3Expands the areas in which U.S. customs enforcement and anti-smuggling measures apply to include the territorial sea and the contiguous zone up to the 24-mile limit, as permitted by Proclamations 5928 (territorial sea) and 7219 (contiguous zone).
  • 4Amends two statutes (Tariff Act of 1930, section 401(j) and the Anti-Smuggling Act, section 401(c)) to reflect the broader boundaries and updated language.
  • 5Effective date: the amendments take effect the day after enactment.

Impact Areas

Primary: U.S. Customs and Border Protection (CBP) and other law enforcement agencies responsible for enforcing customs, trade, and anti-smuggling laws within the extended 24-mile zone; importers, exporters, and shipping companies operating near U.S. coasts.Secondary: Coastal states’ interactions with federal enforcement, maritime industry stakeholders (shipping, fishing, offshore operations), and administrative/regulatory processes needed to implement and comply with the expanded jurisdiction.Additional impacts: Potential changes to compliance costs and risk management for maritime operators; possible need for training, resources, and interagency coordination to enforce customs laws in the extended area consistent with international law and existing proclamations.
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