33 CFR 164.02: Exception for foreign vessels in transit
Last reviewed: October 14, 2026
This section exempts certain foreign vessels from the requirements of this part. A foreign vessel must meet both conditions: it is not destined for or departing from a port or place subject to U.S. jurisdiction, and it is in innocent passage through the U.S. territorial sea or in transit through an international strait. Section 164.46(c) still applies to them.
Applies toForeign vessels that are not destined for or departing from a port or place subject to U.S. jurisdiction and that are in innocent passage through the U.S. territorial sea or in transit through navigable waters of the United States forming part of an international strait.
What it says
Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that meet the conditions in this section.
33 CFR 164.02(a)“Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that:”
To be exempt, a foreign vessel must not be destined for, or departing from, a port or place subject to the jurisdiction of the United States.
33 CFR 164.02(a)(1)“Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and”
The foreign vessel must also be in either innocent passage through the territorial sea of the United States or transit through an international strait. This statement covers the first alternative: innocent passage through the territorial sea of the United States.
33 CFR 164.02(a)(2)(i)“Innocent passage through the territorial sea of the United States; or”
The second alternative is that the foreign vessel is in transit through navigable waters of the United States which form a part of an international strait.
33 CFR 164.02(a)(2)(ii)“Transit through navigable waters of the United States which form a part of an international strait.”
Common questions
Do the requirements of 33 CFR part 164 apply to foreign vessels in innocent passage?
Not if the vessel also is not destined for or departing from a port or place subject to U.S. jurisdiction. Both conditions must be met, and § 164.46(c) still applies.
“Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that:”
Does the foreign vessel exemption apply to a ship headed to a U.S. port?
No. The exemption covers only foreign vessels that are not destined for, or departing from, a port or place subject to U.S. jurisdiction.
“Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and”
Does the exemption cover transit through an international strait?
Yes, for transit through navigable waters of the United States that form part of an international strait, if the vessel is also not destined for or departing from a port or place subject to U.S. jurisdiction.
“Transit through navigable waters of the United States which form a part of an international strait.”
The text of 33 CFR 164.02
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Applicability exception for foreign vessels
(a) Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that:
(1) Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
(2) Are in:
(i) Innocent passage through the territorial sea of the United States; or
(ii) Transit through navigable waters of the United States which form a part of an international strait.
Sections it refers to
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.