Section 38

section 36 has been complied with;

section 55 concerning local craft has been complied with; and

all charges and penalties due by such vessel or by the owner or master thereof and all duties payable in respect of any goods shipped therein have been duly paid, or their payment secured by such guarantee or by deposit at such rate as the proper officer of customs directs; or the agent, if any, of the vessel shall have delivered to the proper officer of customs a declaration in writing to the effect that he shall be liable for all such charges and penalties, and shall have furnished security for the discharge of the same if so required.

Vessels exempted from requiring clearance.