The neutrality statutes prohibit U.S. ports from being used to outfit or dispatch vessels and aircraft for service against nations with which the United States is at peace. When a departing conveyance carries cargo or persons that raise that question, CBP may require a neutrality bond guaranteeing the conveyance will not be so employed.
The condition is codified at 19 CFR § 113.71 (bond condition to observe neutrality). It is rarely encountered in ordinary commercial practice but remains a recognized class on Form 301.
Who must post it
- Owners and operators of vessels or aircraft departing a U.S. port under circumstances that trigger the neutrality statutes.
What the bond guarantees
- That the vessel or aircraft will not be employed in service against a nation at peace with the United States.
- Payment of the penal sum to the United States if the condition is breached.
How CBP sizes it
- Single transaction only.
- The amount is set by CBP for the specific departure.
Practitioner notes
- Because these filings are unusual, allow time for coordination with the port director and, where appropriate, the State Department.
- Customs-Bonds.com writes this class when needed; most sureties do not.
Frequently asked questions
How often is a neutrality bond required?
Very rarely. It arises only in specific circumstances under the neutrality laws.
Is it available as a continuous bond?
No. Single transaction only.
Who sets the amount?
CBP, for the particular departure.
Primary sources
