33 CFR §164.02

1. (a)Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that:
   1. (1)Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
   2. (2)Are in:
      1. (i)Innocent passage through the territorial sea of the United States; or
      2. (ii)Transit through navigable waters of the United States which form a part of an international strait.