Legislación


US (United States) Code. Title 18. Chapter 27: Customs


-CITE-

18 USC CHAPTER 27 - CUSTOMS 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

.

-HEAD-

CHAPTER 27 - CUSTOMS

-MISC1-

Sec.

541. Entry of goods falsely classified.

542. Entry of goods by means of false statements.

543. Entry of goods for less than legal duty.

544. Relanding of goods.

545. Smuggling goods into the United States.

546. Smuggling goods into foreign countries.

547. Depositing goods in buildings on boundaries.

548. Removing or repacking goods in warehouses.

549. Removing goods from customs custody; breaking seals.

550. False claim for refund of duties.

551. Concealing or destroying invoices or other papers.

552. Officers aiding importation of obscene or treasonous books and

articles.

553. Importation or exportation of stolen motor vehicles,

off-highway mobile equipment, vessels, or aircraft.

AMENDMENTS

1984 - Pub. L. 98-547, title III, Sec. 301(b), Oct. 25, 1984, 98

Stat. 2771, added item 553.

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18 USC Sec. 541 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 541. Entry of goods falsely classified

-STATUTE-

Whoever knowingly effects any entry of goods, wares, or

merchandise, at less than the true weight or measure thereof, or

upon a false classification as to quality or value, or by the

payment of less than the amount of duty legally due, shall be fined

under this title or imprisoned not more than two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 715; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 126 (Mar. 4, 1909, ch.

321, Sec. 69, 35 Stat. 1101).

Reference to persons aiding, contained in words ''or aid in

effecting,'' was omitted as unnecessary as such persons are made

principals by section 2 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title.

-CITE-

18 USC Sec. 542 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 542. Entry of goods by means of false statements

-STATUTE-

Whoever enters or introduces, or attempts to enter or introduce,

into the commerce of the United States any imported merchandise by

means of any fraudulent or false invoice, declaration, affidavit,

letter, paper, or by means of any false statement, written or

verbal, or by means of any false or fraudulent practice or

appliance, or makes any false statement in any declaration without

reasonable cause to believe the truth of such statement, or

procures the making of any such false statement as to any matter

material thereto without reasonable cause to believe the truth of

such statement, whether or not the United States shall or may be

deprived of any lawful duties; or

Whoever is guilty of any willful act or omission whereby the

United States shall or may be deprived of any lawful duties

accruing upon merchandise embraced or referred to in such invoice,

declaration, affidavit, letter, paper, or statement, or affected by

such act or omission -

Shall be fined for each offense under this title or imprisoned

not more than two years, or both.

Nothing in this section shall be construed to relieve imported

merchandise from forfeiture under other provisions of law.

The term ''commerce of the United States'', as used in this

section, shall not include commerce with the Virgin Islands,

American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston

Island, or Guam.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 715; June 30, 1955, ch. 258, Sec.

2(c), 69 Stat. 242; Pub. L. 103-322, title XXXIII, Sec. 330004(18),

330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L.

104-294, title VI, Sec. 604(b)(23), Oct. 11, 1996, 110 Stat. 3508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1591 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 591, 46 Stat. 750;

Aug. 5, 1935, ch. 438, title III, Sec. 304(a), 49 Stat. 527).

The reference in the first paragraph to persons aiding, contained

in the phrase ''or aids,'' was omitted as unnecessary as such

persons are made principals by section 2 of this title.

Words ''upon conviction'' before ''be fined'' were omitted as

surplusage since punishment cannot be imposed until conviction is

secured.

Enumeration of persons at beginning of section and provision

preserving forfeitures where authorized by law were omitted as

surplusage.

The fourth paragraph was added to the revised section to make

clear the intent of Congress that forfeiture is an additional

consequence independent of the criminal punishment.

The final paragraph was added to conform with section 1709 of

title 19, U.S.C., 1940 ed.

Changes in phraseology were also made.

AMENDMENTS

1996 - Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18).

See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(1)(K), substituted ''fined

under this title'' for ''fined not more than $5,000'' in third par.

Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,

Sec. 604(b)(23), struck out ''Philippine Islands,'' before ''Virgin

Islands'' in last par.

1955 - Act June 30, 1955, inserted reference to Johnston Island

in last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act June 30, 1955, effective July 1, 1955, see

section 2(d) of act June 30, 1955, set out as a note under section

1401 of Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1956 of this

title; title 31 section 9703.

-CITE-

18 USC Sec. 543 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 543. Entry of goods for less than legal duty

-STATUTE-

Whoever, being an officer of the revenue, knowingly admits to

entry, any goods, wares, or merchandise, upon payment of less than

the amount of duty legally due, shall be fined under this title or

imprisoned not more than two years, or both, and removed from

office.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 716; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 125 (Mar. 4, 1909, ch.

321, Sec. 68, 35 Stat. 1101).

Reference to persons aiding, contained in words ''or aid in

admitting,'' was omitted as unnecessary as such persons are made

principals by section 2 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 544 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 544. Relanding of goods

-STATUTE-

If any merchandise entered or withdrawn for exportation without

payment of the duties thereon, or with intent to obtain a drawback

of the duties paid, or of any other allowances given by law on the

exportation thereof, is relanded at any place in the United States

without entry having been made, such merchandise shall be

considered as having been imported into the United States contrary

to law, and each person concerned shall be fined under this title

or imprisoned not more than two years, or both; and such

merchandise shall be forfeited.

The term ''any place in the United States'', as used in this

section, shall not include the Virgin Islands, American Samoa, Wake

Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 716; June 30, 1955, ch. 258, Sec.

2(c), 69 Stat. 242; Pub. L. 103-322, title XXXIII, Sec. 330004(18),

330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L.

104-294, title VI, Sec. 604(b)(23), Oct. 11, 1996, 110 Stat. 3508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1589 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 589, 46 Stat. 750).

The final paragraph was added to conform with section 1709 of

title 19, U.S.C., 1940 ed.

Minor changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18).

See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(1)(K), substituted ''fined

under this title'' for ''fined not more than $5,000'' in first par.

Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,

Sec. 604(b)(23), struck out ''Philippine Islands,'' before ''Virgin

Islands'' in last par.

1955 - Act June 30, 1955, inserted reference to Johnston Island

in last par.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act June 30, 1955, effective July 1, 1955, see

section 2(d) of act June 30, 1955, set out as a note under section

1401 of Title 19, Customs Duties.

-CITE-

18 USC Sec. 545 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 545. Smuggling goods into the United States

-STATUTE-

Whoever knowingly and willfully, with intent to defraud the

United States, smuggles, or clandestinely introduces or attempts to

smuggle or clandestinely introduce into the United States any

merchandise which should have been invoiced, or makes out or

passes, or attempts to pass, through the customhouse any false,

forged, or fraudulent invoice, or other document or paper; or

Whoever fraudulently or knowingly imports or brings into the

United States, any merchandise contrary to law, or receives,

conceals, buys, sells, or in any manner facilitates the

transportation, concealment, or sale of such merchandise after

importation, knowing the same to have been imported or brought into

the United States contrary to law -

Shall be fined under this title or imprisoned not more than five

years, or both.

Proof of defendant's possession of such goods, unless explained

to the satisfaction of the jury, shall be deemed evidence

sufficient to authorize conviction for violation of this section.

Merchandise introduced into the United States in violation of

this section, or the value thereof, to be recovered from any person

described in the first or second paragraph of this section, shall

be forfeited to the United States.

The term ''United States'', as used in this section, shall not

include the Virgin Islands, American Samoa, Wake Island, Midway

Islands, Kingman Reef, Johnston Island, or Guam.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 716; Aug. 24, 1954, ch. 890, Sec.

1, 68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, Sec. 507, 68

Stat. 1141; June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242; Pub.

L. 103-322, title XXXII, Sec. 320903(c), title XXXIII, Sec.

330004(18), 330016(1)(L), Sept. 13, 1994, 108 Stat. 2125, 2142,

2147; Pub. L. 104-294, title VI, Sec. 604(b)(23), Oct. 11, 1996,

110 Stat. 3508.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1593 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 593, 46 Stat. 751).

Reference in first paragraph to aiders, contained in words ''his,

her, or their aiders and abettors'' was omitted as unnecessary

since such persons are made principals by section 2 of this title.

For the same reason words ''or assists in so doing'' in second

paragraph were deleted.

Words ''shall be deemed guilty of a misdemeanor,'' in first

paragraph were omitted in view of definition of misdemeanor in

section 1 of this title.

Conviction provision in first paragraph reading ''and on

conviction thereof'' was deleted as surplusage since punishment

cannot be imposed until a conviction is secured.

Minimum punishment provision ''nor less than $50'' in second

paragraph was deleted.

Forfeiture provision was rephrased to make it clear that

forfeiture was not dependent upon conviction.

The final paragraph was added to conform with section 1709 of

title 19, U.S.C., 1940 ed.

Changes were made in phraseology.

AMENDMENTS

1996 - Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18).

See 1994 Amendment note below.

1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted ''fined

under this title'' for ''fined not more than $10,000'' in third

par.

Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,

Sec. 604(b)(23), struck out ''Philippine Islands,'' before ''Virgin

Islands'' in last par.

Pub. L. 103-322, Sec. 320903(c), inserted ''or attempts to

smuggle or clandestinely introduce'' after ''clandestinely

introduces'' in first par.

1955 - Act June 30, 1955, inserted reference to Johnston Island.

1954 - Act Sept. 1, 1954, permitted forfeiture of value of

merchandise imported in violation of section.

Act Aug. 24, 1954, increased fine from $5,000 to $10,000 and

imprisonment from two years to five years.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see

section 604(d) of Pub. L. 104-294, set out as a note under section

13 of this title.

EFFECTIVE DATE OF 1955 AMENDMENT

Amendment by act June 30, 1955, effective July 1, 1955, see

section 2(d) of act June 30, 1955, set out as a note under section

1401 of Title 19, Customs Duties.

EFFECTIVE DATE OF 1954 AMENDMENT

Section 2 of act Aug. 24, 1954, provided that: ''The amendments

made by the first section of this Act (amending this section) shall

apply only with respect to offenses committed on and after the date

of the enactment of this Act (Aug. 24, 1954).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982, 1956 of this

title; title 21 section 967; title 31 section 9703.

-CITE-

18 USC Sec. 546 01/06/03

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TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 546. Smuggling goods into foreign countries

-STATUTE-

Any person owning in whole or in part any vessel of the United

States who employs, or participates in, or allows the employment

of, such vessel for the purpose of smuggling, or attempting to

smuggle, or assisting in smuggling, any merchandise into the

territory of any foreign government in violation of the laws there

in force, if under the laws of such foreign government any penalty

or forfeiture is provided for violation of the laws of the United

States respecting the customs revenue, and any citizen of, or

person domiciled in, or any corporation incorporated in, the United

States, controlling or substantially participating in the control

of any such vessel, directly or indirectly, whether through

ownership of corporate shares or otherwise, and allowing the

employment of said vessel for any such purpose, and any person

found, or discovered to have been, on board of any such vessel so

employed and participating or assisting in any such purpose, shall

be fined under this title or imprisoned not more than two years, or

both.

It shall constitute an offense under this section to hire out or

charter a vessel if the lessor or charterer has knowledge or

reasonable grounds for belief that the lessee or person chartering

the vessel intends to employ such vessel for any of the purposes

described in this section and if such vessel is, during the time

such lease or charter is in effect, employed for any such purpose.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1702 of title 19, U.S.C., 1940 ed., Customs

Duties (Aug. 5, 1935, ch. 438, title I, Sec. 2, 49 Stat. 518).

Changes were made in phraseology.

-REFTEXT-

REFERENCES IN TEXT

The laws of the United States respecting the customs revenue,

referred to in text, are classified generally to Title 19, Customs

Duties.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in first par.

-CITE-

18 USC Sec. 547 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 547. Depositing goods in buildings on boundaries

-STATUTE-

Whoever receives or deposits any merchandise in any building upon

the boundary line between the United States and any foreign

country, or carries any merchandise through the same, in violation

of law, shall be fined under this title or imprisoned not more than

two years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1596 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 596, 46 Stat. 752).

Reference to persons aiding, contained in words ''or aids

therein,'' was omitted as such persons are made principals by

section 2 of this title.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 548 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 548. Removing or repacking goods in warehouses

-STATUTE-

Whoever fraudulently conceals, removes, or repacks merchandise in

any bonded warehouse or fraudulently alters, defaces or obliterates

any marks or numbers placed upon packages deposited in such

warehouse, shall be fined under this title or imprisoned not more

than two years, or both.

Merchandise so concealed, removed, or repacked, or packages upon

which any marks or numbers have been so altered, defaced, or

obliterated, shall be forfeited to the United States.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1597 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 597, 46 Stat. 752).

This section was rewritten to place the criminal provisions ahead

of the forfeiture provisions. This did not require any substantive

changes except omission of reference to persons aiding. Such

persons are made principals by section 2 of this title.

The punishment prescribed by section 545 of this title was

inserted to make this section complete without reference to another

section. In doing so it was necessary to rephrase the punishment

provision of section 545 of this title, as originally enacted,

without change of substance.

Forfeiture provision was rephrased to make it clear that

forfeiture was not dependent upon conviction.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 549 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 549. Removing goods from customs custody; breaking seals

-STATUTE-

Whoever, without authority, affixes or attaches a customs seal,

fastening, or mark, or any seal, fastening, or mark purporting to

be a customs seal, fastening, or mark to any vessel, vehicle,

warehouse, or package; or

Whoever, without authority, willfully removes, breaks, injures,

or defaces any customs seal or other fastening or mark placed upon

any vessel, vehicle, warehouse, or package containing merchandise

or baggage in bond or in customs custody; or

Whoever maliciously enters any bonded warehouse or any vessel or

vehicle laden with or containing bonded merchandise with intent

unlawfully to remove therefrom any merchandise or baggage therein,

or unlawfully removes any merchandise or baggage in such vessel,

vehicle, or bonded warehouse or otherwise in customs custody or

control; or

Whoever receives or transports any merchandise or baggage

unlawfully removed from any such vessel, vehicle, or warehouse,

knowing the same to have been unlawfully removed -

Shall be fined under this title or imprisoned not more than two

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 717; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1598 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 598, 46 Stat. 752;

June 25, 1938, ch. 679, Sec. 26, 52 Stat. 1089).

Reference to persons causing, procuring, aiding or assisting was

omitted as unnecessary in view of definition of ''principal'' in

section 2 of this title.

In view of definition of felony in section 1 of this title words

''guilty of a felony'' were omitted. (See reviser's note under

section 550 of this title.)

The punishment prescribed by section 545 of this title was

inserted to make this section complete without reference to another

section. In doing so it was necessary to rephrase the punishment

provision of section 545 of this title, as originally enacted,

without change of substance.

Forfeiture provision was omitted to conform with current

administrative practice.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1956 of this title.

-CITE-

18 USC Sec. 550 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 550. False claim for refund of duties

-STATUTE-

Whoever knowingly and willfully files any false or fraudulent

entry or claim for the payment of drawback, allowance, or refund of

duties upon the exportation of merchandise, or knowingly or

willfully makes or files any false affidavit, abstract, record,

certificate, or other document, with a view to securing the payment

to himself or others of any drawback, allowance, or refund of

duties, on the exportation of merchandise, greater than that

legally due thereon, shall be fined under this title or imprisoned

not more than two years, or both, and such merchandise or the value

thereof shall be forfeited.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 718; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1590 of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title IV, Sec. 590, 46 Stat. 750).

Reference to felony, contained in words ''such person shall be

guilty of a felony'' was omitted as unnecessary in view of

definition of felony in section 1 of this title. This, too, was

the policy adopted by the codifiers of the 1909 Criminal Code. (See

S. Rept. 10, pt. I, pp. 12, 13, and 14, 60th Cong., 1st sess.)

Words ''and upon conviction thereof'' before ''shall be

punished'' were also omitted as unnecessary, since punishment

cannot be imposed until a conviction is secured.

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

-CITE-

18 USC Sec. 551 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 551. Concealing or destroying invoices or other papers

-STATUTE-

Whoever willfully conceals or destroys any invoice, book, or

paper relating to any merchandise imported into the United States,

after an inspection thereof has been demanded by the collector of

any collection district; or

Whoever conceals or destroys at any time any such invoice, book,

or paper for the purpose of suppressing any evidence of fraud

therein contained -

Shall be fined under this title or imprisoned not more than two

years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 718; Pub. L. 103-322, title

XXXIII, Sec. 330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on title 18, U.S.C., 1940 ed., Sec. 120 (Mar. 4, 1909, ch.

321, Sec. 64, 35 Stat. 1100).

Minor changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000'' in last par.

-TRANS-

TRANSFER OF FUNCTIONS

All offices of collector of customs, comptroller of customs,

surveyor of customs, and appraiser of merchandise in Bureau of

Customs of Department of the Treasury to which appointments were

required to be made by President with advice and consent of Senate

ordered abolished, with such offices to be terminated not later

than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25,

1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title

5, Government Organization and Employees. All functions of offices

eliminated were already vested in Secretary of the Treasury by

Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64

Stat. 1280, set out in the Appendix to Title 5.

-CITE-

18 USC Sec. 552 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 552. Officers aiding importation of obscene or treasonous

books and articles

-STATUTE-

Whoever, being an officer, agent, or employee of the United

States, knowingly aids or abets any person engaged in any violation

of any of the provisions of law prohibiting importing, advertising,

dealing in, exhibiting, or sending or receiving by mail obscene or

indecent publications or representations, or books, pamphlets,

papers, writings, advertisements, circulars, prints, pictures, or

drawings containing any matter advocating or urging treason or

insurrection against the United States or forcible resistance to

any law of the United States, or containing any threat to take the

life of or inflict bodily harm upon any person in the United

States, or means for procuring abortion, or other articles of

indecent or immoral use or tendency, shall be fined under this

title or imprisoned not more than ten years, or both.

-SOURCE-

(June 25, 1948, ch. 645, 62 Stat. 718; Pub. L. 91-662, Sec. 2, Jan.

8, 1971, 84 Stat. 1973; Pub. L. 103-322, title XXXIII, Sec.

330016(1)(K), Sept. 13, 1994, 108 Stat. 2147.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on section 1305(b) of title 19, U.S.C., 1940 ed., Customs

Duties (June 17, 1930, ch. 497, title III, Sec. 305(b), 46 Stat.

688).

In view of definition of misdemeanor in section 1 of this title

words ''shall be deemed guilty of a misdemeanor, and'' were

omitted.

Words ''at hard labor'' after ''imprisonment'' were omitted. (See

reviser's note under section 1 of this title.)

Changes were made in phraseology.

AMENDMENTS

1994 - Pub. L. 103-322 substituted ''fined under this title'' for

''fined not more than $5,000''.

1971 - Pub. L. 91-662 struck out ''preventing conception or''

before ''procuring abortion''.

EFFECTIVE DATE OF 1971 AMENDMENT

Section 7 of Pub. L. 91-662 provided that: ''The amendments made

by this Act (other than by section 6) (amending this section,

sections 1461 and 1462 of this title, and section 1305 of Title 19,

Customs Duties) shall take effect on the day after the date of the

enactment of this Act (Jan. 8, 1971).''

-CITE-

18 USC Sec. 553 01/06/03

-EXPCITE-

TITLE 18 - CRIMES AND CRIMINAL PROCEDURE

PART I - CRIMES

CHAPTER 27 - CUSTOMS

-HEAD-

Sec. 553. Importation or exportation of stolen motor vehicles,

off-highway mobile equipment, vessels, or aircraft

-STATUTE-

(a) Whoever knowingly imports, exports, or attempts to import or

export -

(1) any motor vehicle, off-highway mobile equipment, vessel,

aircraft, or part of any motor vehicle, off-highway mobile

equipment, vessel, or aircraft, knowing the same to have been

stolen; or

(2) any motor vehicle or off-highway mobile equipment or part

of any motor vehicle or off-highway mobile equipment, knowing

that the identification number of such motor vehicle, equipment,

or part has been removed, obliterated, tampered with, or altered;

shall be fined under this title or imprisoned not more than 10

years, or both.

(b) Subsection (a)(2) shall not apply if the removal,

obliteration, tampering, or alteration -

(1) is caused by collision or fire; or

(2)(A) in the case of a motor vehicle, is not a violation of

section 511 of this title (relating to altering or removing motor

vehicle identification numbers); or

(B) in the case of off-highway mobile equipment, would not be a

violation of section 511 of this title if such equipment were a

motor vehicle.

(c) As used in this section, the term -

(1) ''motor vehicle'' has the meaning given that term in

section 32101 of title 49;

(2) ''off-highway mobile equipment'' means any self-propelled

agricultural equipment, self-propelled construction equipment,

and self-propelled special use equipment, used or designed for

running on land but not on rail or highway;

(3) ''vessel'' has the meaning given that term in section 401

of the Tariff Act of 1930 (19 U.S.C. 1401);

(4) ''aircraft'' has the meaning given that term in section

40102(a) of title 49; and

(5) ''identification number'' -

(A) in the case of a motor vehicle, has the meaning given

that term in section 511 of this title; and

(B) in the case of any other vehicle or equipment covered by

this section, means a number or symbol assigned to the vehicle

or equipment, or part thereof, by the manufacturer primarily

for the purpose of identifying such vehicle, equipment, or

part.

-SOURCE-

(Added Pub. L. 98-547, title III, Sec. 301(a), Oct. 25, 1984, 98

Stat. 2771; amended Pub. L. 100-690, title VII, Sec. 7021, Nov. 18,

1988, 102 Stat. 4396; Pub. L. 102-519, title I, Sec. 102, Oct. 25,

1992, 106 Stat. 3385; Pub. L. 103-272, Sec. 5(e)(5), July 5, 1994,

108 Stat. 1374.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-272, Sec. 5(e)(5)(A),

substituted ''section 32101 of title 49'' for ''section 2 of the

Motor Vehicle Information and Cost Savings Act''.

Subsec. (c)(4). Pub. L. 103-272, Sec. 5(e)(5)(B), substituted

''section 40102(a) of title 49'' for ''section 101 of the Federal

Aviation Act of 1958 (49 U.S.C. App. 1301)''.

1992 - Subsec. (a). Pub. L. 102-519 substituted ''fined under

this title or imprisoned not more than 10 years'' for ''fined not

more than $15,000 or imprisoned not more than five years'' in

concluding provisions.

1988 - Subsec. (b)(2). Pub. L. 100-690 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''is not

a violation of section 511 of this title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 981, 982 of this title.

-CITE-




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Idioma: inglés
País: Estados Unidos

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