-CITE-

19 USC CHAPTER 5 - SMUGGLING 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

.

-HEAD-

CHAPTER 5 - SMUGGLING

-MISC1-

Sec.

1701. Customs-enforcement area.

(a) Establishment; extent and duration; enforcement

of laws applicable to waters adjacent to

customs waters.

(b) Boarding vessels; arrest and seizure; compliance

with treaty provisions; authority of Secretary

of Commerce unaffected.

1702. Repealed.

1703. Seizure and forfeiture of vessels.

(a) Vessels subject to seizure and forfeiture.

(b) ''Vessels of the United States'' defined.

(c) Acts constituting prima facie evidence vessel

engaged in smuggling.

1704. Refusal or revocation of registry, enrollment, license or

number on evidence that vessel engaging in smuggling; appeal;

immunity from liability.

1705. Destruction of forfeited vessel or vehicle.

1706. Importation in vessels under thirty tons and aircraft;

licenses; labels as prima facie evidence of foreign origin of

merchandise.

1707, 1708. Repealed.

1709. Definitions

1710. Separability.

1711. Citation of chapter.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1581, 1587, 1644 of this

title.

-CITE-

19 USC Sec. 1701 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1701. Customs-enforcement area

-STATUTE-

(a) Establishment; extent and duration; enforcement of laws

applicable to waters adjacent to customs waters

Whenever the President finds and declares that at any place or

within any area on the high seas adjacent to but outside customs

waters any vessel or vessels hover or are being kept off the coast

of the United States and that, by virtue of the presence of any

such vessel or vessels at such place or within such area, the

unlawful introduction or removal into or from the United States of

any merchandise or person is being or may be occasioned, promoted,

or threatened, the place or area so found and declared shall

constitute a customs-enforcement area for the purposes of this Act.

Only such waters on the high seas shall be within a

customs-enforcement area as the President finds and declares are in

such proximity to such vessel or vessels that such unlawful

introduction or removal of merchandise or persons may be carried on

by or to or from such vessel or vessels. No customs-enforcement

area shall include any waters more than one hundred nautical miles

from the place or immediate area where the President declares such

vessel or vessels are hovering or are being kept and,

notwithstanding the foregoing provision, shall not include any

waters more than fifty nautical miles outwards from the outer limit

of customs waters. Whenever the President finds that, within any

customs-enforcement area, the circumstances no longer exist which

gave rise to the declaration of such area as a customs-enforcement

area, he shall so declare, and thereafter, and until a further

finding and declaration is made under this subsection with respect

to waters within such area, no waters within such area shall

constitute a part of such customs-enforcement area. The provisions

of law applying to the high seas adjacent to customs waters of the

United States shall be enforced in a customs-enforcement area upon

any vessel, merchandise, or person found therein.

(b) Boarding vessels; arrest and seizure; compliance with treaty

provisions; authority of Secretary of Commerce unaffected

At any place within a customs-enforcement area the several

officers of the customs may go on board of any vessel and examine

the vessel and any merchandise or person on board, and bring the

same into port, and, subject to regulations of the Secretary of the

Treasury, it shall be their duty to pursue and seize or arrest and

otherwise enforce upon such vessel, merchandise, or person, the

provisions of law which are made effective thereto in pursuance of

subsection (a) of this section in the same manner as such officers

are or may be authorized or required to do in like case at any

place in the United States by virtue of any law respecting the

revenue: Provided, That nothing contained in this section or in any

other provision of law respecting the revenue shall be construed to

authorize or to require any officer of the United States to enforce

any law thereof upon the high seas upon a foreign vessel in

contravention of any treaty with a foreign government enabling or

permitting the authorities of the United States to board, examine,

search, seize, or otherwise to enforce upon such vessel upon the

high seas the laws of the United States except as such authorities

are or may otherwise be enabled or permitted under special

arrangement with such foreign government: Provided further, That

none of the provisions of this Act shall be construed to relieve

the Secretary of Commerce of any authority, responsibility, or

jurisdiction now vested in or imposed on that officer.

-SOURCE-

(Aug. 5, 1935, ch. 438, title I, Sec. 1, 49 Stat. 517.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Aug. 5, 1935, which

enacted this chapter and sections 1432a and 1601a of this title and

amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585,

1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections

60, 106, and 288 of former Title 46, Shipping, and sections 91,

277, 319, 325 of Title 46, Appendix. For complete classification of

this Act to the Code, see Tables.

-TRANS-

DELEGATION OF FUNCTIONS

For delegation to Secretary of the Treasury of authority vested

in President by this section, see Ex. Ord. No. 10289, Sec. 1(b),

Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301

of Title 3, The President.

-CITE-

19 USC Sec. 1702 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1702. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862,

eff. Sept. 1, 1948

-MISC1-

Section, act Aug. 5, 1935, ch. 438, title I, Sec. 2, 49 Stat.

518, related to smuggling into territory of a foreign government.

See section 546 of Title 18, Crimes and Criminal Procedure.

-CITE-

19 USC Sec. 1703 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1703. Seizure and forfeiture of vessels

-STATUTE-

(a) Vessels subject to seizure and forfeiture

Whenever any vessel which shall have been built, purchased,

fitted out in whole or in part, or held, in the United States or

elsewhere, for the purpose of being employed to defraud the revenue

or to smuggle any merchandise into the United States, or to smuggle

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, or whenever any vessel which shall be found, or discovered

to have been employed, or attempted to be employed, within the

United States for any such purpose, or in anywise in assistance

thereof, or whenever any vessel of the United States which shall be

found, or discovered to have been, employed, or attempted to be

employed at any place, for any such purpose, or is anywise in

assistance thereof, if not subsequently forfeited to the United

States or to a foreign government, is found at any place at which

any such vessel may be examined by an officer of the customs in the

enforcement of any law respecting the revenue, the said vessel and

its cargo shall be seized and forfeited.

(b) ''Vessels of the United States'' defined

Every vessel which is documented, owned, or controlled in the

United States, and every vessel of foreign registry which is,

directly or indirectly, substantially owned or controlled by any

citizen of, or corporation incorporated, owned, or controlled in,

the United States, shall, for the purposes of this section, be

deemed a vessel of the United States.

(c) Acts constituting prima facie evidence vessel engaged in

smuggling

For the purposes of this section, the fact that a vessel has

become subject to pursuit as provided in section 1581 of this

title, or is a hovering vessel, or that a vessel fails, at any

place within the customs waters of the United States or within a

customs-enforcement area, to display lights as required by law,

shall be prima facie evidence that such vessel is being, or has

been, or is attempted to be employed to defraud the revenue of the

United States.

-SOURCE-

(Aug. 5, 1935, ch. 438, title I, Sec. 3, 49 Stat. 518.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1590 of this title.

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19 USC Sec. 1704 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1704. Refusal or revocation of registry, enrollment, license

or number on evidence that vessel engaging in smuggling;

appeal; immunity from liability

-STATUTE-

Subject to appeal to the Secretary of the Treasury and under such

regulations as he may prescribe, when the Secretary of

Transportation is shown upon evidence which he deems sufficient

that such vessel is being, or is intended to be, employed to

smuggle, transport, or otherwise assist in the unlawful

introduction or importation into the United States of any

merchandise or person, or to smuggle 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, or whenever, from the design

or fittings of any vessel or the nature of any repairs made

thereon, it is apparent to the Secretary of Transportation that

such vessel has been built or adapted for the purpose of smuggling

merchandise, the the (FOOTNOTE 1) Secretary of Transportation shall

revoke any endorsement on the vessel's certificate of documentation

or number (when the Secretary is the authority issuing the number

under chapter 123 of title 46) or refuse the same if application be

made therefor, as the case may be. The Secretary of Transportation

and all persons acting by or under his direction shall be

indemnified from any penalties or actions for damages for carrying

out the provisions of this section.

(FOOTNOTE 1) So in original.

-SOURCE-

(Aug. 5, 1935, ch. 438, title I, Sec. 4, 49 Stat. 519; 1946 Reorg.

Plan No. 3, Sec. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60

Stat. 1097; Pub. L. 103-182, title VI, Sec. 689(b), Dec. 8, 1993,

107 Stat. 2222.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-182, Sec. 689(b)(4), substituted ''The

Secretary of Transportation and all persons'' for ''Such collector

and all persons''.

Pub. L. 103-182, Sec. 689(b)(3), which directed the substitution

of ''the Secretary of Transportation shall revoke any endorsement

on the vessel's certificate of documentation or number (when the

Secretary is the authority issuing the number under chapter 123 of

title 46)'' for ''said collector shall revoke the registry,

enrollment, license, or number of such vessel'', was executed by

making the substitution in text which read ''said vessel'' rather

than ''such vessel'', to reflect the probable intent of Congress.

Pub. L. 103-182, Sec. 689(b)(1), (2), substituted ''when the

Secretary of Transportation'' for ''whenever the collector of

customs of the district in which any vessel is, or is sought to be,

registered, enrolled, licensed, or numbered,'' and ''is apparent to

the Secretary of Transportation'' for ''is apparent to such

collector''.

-TRANS-

TRANSFER OF FUNCTIONS

Coast Guard transferred to Department of Transportation and

functions, powers, and duties, relating to Coast Guard, of

Secretary of the Treasury and of other offices and officers of

Department of the Treasury transferred to Secretary of

Transportation by section 6(b)(1) of Pub. L. 89-670, Oct. 15, 1966,

80 Stat. 938. Section 6(b)(2), however, provided that

notwithstanding such transfer of functions, Coast Guard shall

operate as part of Navy in time of war or when President directs as

provided in section 3 of Title 14, Coast Guard. See section 108 of

Title 49, Transportation.

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 December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May

25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under

section 1 of this title.

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26, of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Under the Plan, collectors of customs and Commandant of Coast Guard

were officers of Department of the Treasury, but, in case of Coast

Guard, and Commandant thereof, the Plan provided that,

notwithstanding transfer of functions, Coast Guard should continue

to operate as a part of Navy, subject to orders of Secretary of the

Navy, in time of war or when President directed, as provided in

sections 1 and 3 of Title 14, Coast Guard.

''Secretary of the Treasury'' substituted in text for ''Secretary

of Commerce'' and functions under this section relating to the

numbering of vessels vested in Commandant of Coast Guard instead of

collectors of customs on authority of Reorg. Plan No. 3 of 1946,

set out in the Appendix to Title 5.

-CITE-

19 USC Sec. 1705 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1705. Destruction of forfeited vessel or vehicle

-STATUTE-

Any vessel or vehicle forfeited to the United States, whether

summarily or by a decree of any court, for violation of any law

respecting the revenue, may, in the discretion of the Secretary of

the Treasury, if he deems it necessary to protect the revenue of

the United States, be destroyed in lieu of the sale thereof under

existing law.

-SOURCE-

(Aug. 5, 1935, ch. 438, title I, Sec. 5, 49 Stat. 519.)

-CITE-

19 USC Sec. 1706 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1706. Importation in vessels under thirty tons and aircraft;

licenses; labels as prima facie evidence of foreign origin of

merchandise

-STATUTE-

Except into the districts adjoining to the Dominion of Canada, or

into the districts adjacent to Mexico, no merchandise of foreign

growth or manufacture subject to the payment of duties shall be

brought into the United States from any foreign port or place, or

from any hovering vessel, in any vessel of less than thirty net

tons burden without special license granted by the Secretary of the

Treasury under such conditions as he may prescribe, nor in any

other manner than by sea, except by aircraft duly licensed in

accordance with law, or landed or unladen at any other port than is

directed by law, under the penalty of seizure and forfeiture of all

such unlicensed vessels or aircraft and of the merchandise imported

therein, landed or unladen in any manner. Marks, labels, brands,

or stamps, indicative of foreign origin, upon or accompanying

merchandise or containers of merchandise found upon any such vessel

or aircraft, shall be prima facie evidence of the foreign origin of

such merchandise.

-SOURCE-

(Aug. 5, 1935, ch. 438, title I, Sec. 6, 49 Stat. 519.)

-CITE-

19 USC Sec. 1707 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1707. Repealed. Pub. L. 104-295, Sec. 3(a)(2), Oct. 11, 1996,

110 Stat. 3515

-MISC1-

Section, act Aug. 5, 1935, ch. 438, title I, Sec. 7, 49 Stat.

520, required certificate for importation of alcoholic liquors in

small vessels, provided for issuance of bond where liquor was

destined for foreign port, and authorized penalties for failure to

carry certificate unless lost, mislaid without fraud, defaced by

accident, or incorrect by reason of clerical error or other

mistake.

EFFECTIVE DATE OF REPEAL

Repeal of section applicable as of Dec. 8, 1993, see section 3(b)

of Pub. L. 104-295, set out as an Effective Date of 1996 Amendment

note under section 1321 of this title.

-CITE-

19 USC Sec. 1708 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1708. Repealed. Pub. L. 106-36, title I, Sec. 1001(b)(6), June

25, 1999, 113 Stat. 132

-MISC1-

Section, act Aug. 5, 1935, ch. 438, title I, Sec. 8, 49 Stat.

520, related to lading vessel in foreign port with liquor for

importation.

-CITE-

19 USC Sec. 1709 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1709. Definitions

-STATUTE-

When used in this Act:

(a) The term ''United States'', when used in a geographical

sense, includes all Territories and possessions of the United

States, except the Virgin Islands, the Canal Zone, American Samoa,

Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the

island of Guam.

(b) The term ''officer of the customs'' means any officer of the

Customs Service or any commissioned, warrant, or petty officer of

the Coast Guard, or agent or other person authorized by law or by

the Secretary of the Treasury, or appointed in writing by a

collector, to perform the duties of an officer of the Customs

Service.

(c) The term ''customs waters'' means, in the case of a foreign

vessel subject to a treaty or other arrangement between a foreign

government and the United States enabling or permitting the

authorities of the United States to board, examine, search, seize,

or otherwise to enforce upon such vessel upon the high seas the

laws of the United States, the waters within such distance of the

coast of the United States as the said authorities are or may be so

enabled or permitted by such treaty or arrangement and, in the case

of every other vessel, the waters within four leagues of the coast

of the United States.

(d) The term ''hovering vessel'' means any vessel which is found

or kept off the coast of the United States within or without the

customs waters, if, from the history, conduct, character, or

location of the vessel, it is reasonable to believe that such

vessel is being used or may be used to introduce or promote or

facilitate the introduction or attempted introduction of

merchandise into the United States in violation of the laws

respecting the revenue.

-SOURCE-

(Aug. 5, 1935, ch. 438, title IV, Sec. 401, 49 Stat. 529; June 25,

1938, ch. 679, Sec. 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946,

11 F.R. 7517, 60 Stat. 1352; June 30, 1955, ch. 258, Sec. 2(b), 69

Stat. 242.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Aug. 5, 1935, which

enacted this chapter and sections 1432a and 1601a of this title and

amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585,

1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections

60, 106, and 288 of former Title 46, Shipping, and sections 91,

277, 319, 325 of Title 46, Appendix. For complete classification of

this Act to the Code, see Tables.

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

Words ''the Philippine Islands'' in subsec. (a) were omitted on

authority of Proc. No. 2695, which is set out as a note under

section 1394 of Title 22, Foreign Relations and Intercourse, and in

which the President proclaimed the independence of the Philippines.

-MISC3-

AMENDMENTS

1955 - Subsec. (a). Act June 30, 1955, inserted ''Johnston

Island''.

1938 - Subsec. (a). Act June 25, 1938, inserted ''Wake Island,

Midway Islands, Kingman Reef'' before ''and the island of Guam.''

EFFECTIVE DATE OF 1955 AMENDMENT

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

set out under section 1401 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

Coast Guard transferred to Department of Transportation and

functions, powers, and duties, relating to Coast Guard, of

Secretary of the Treasury and of other offices and officers of

Department of the Treasury transferred to Secretary of

Transportation by section 6(b)(1) of Pub. L. 89-670, Oct. 15, 1966,

80 Stat. 938. Section 6(b)(2), however, provided that

notwithstanding such transfer of functions, Coast Guard shall

operate as part of Navy in time of war or when President directs as

provided in section 3 of Title 14, Coast Guard. See section 108 of

Title 49, Transportation.

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 December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May

25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under

section 1, of this title.

Functions of all officers of Department of the Treasury and

functions of all agencies and employees of such Department

transferred, with certain exceptions, to Secretary of the Treasury,

with power vested in him to authorize their performance or

performance of any of his functions, by any of those officers,

agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,

eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in

the Appendix to Title 5, Government Organization and Employees.

Under the Plan, collectors of customs and Commandant of Coast Guard

were officers of Department of the Treasury, but, in case of Coast

Guard and Commandant thereof, the Plan provided that,

notwithstanding transfer of functions, Coast Guard should continue

to operate as a part of Navy, subject to orders of Secretary of the

Navy, in time of war or when President directed, as provided in

sections 1 and 3 of Title 14, Coast Guard.

-CITE-

19 USC Sec. 1710 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1710. Separability

-STATUTE-

If any clause, sentence, paragraph, or part of this Act, or the

application thereof to any person, or circumstances, is held

invalid, the application thereof to other persons, or

circumstances, and the remainder of the Act, shall not be affected

thereby.

-SOURCE-

(Aug. 5, 1935, ch. 438, title IV, Sec. 402, 49 Stat. 529.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Aug. 5, 1935, which

enacted this chapter and sections 1432a and 1601a of this title and

amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585,

1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections

60, 106, and 288 of former Title 46, Shipping, and sections 91,

277, 319, 325 of Title 46, Appendix. For complete classification of

this Act to the Code, see Tables.

-CITE-

19 USC Sec. 1711 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 5 - SMUGGLING

-HEAD-

Sec. 1711. Citation of chapter

-STATUTE-

This Act may be cited as the ''Anti-Smuggling Act''.

-SOURCE-

(Aug. 5, 1935, ch. 438, title IV, Sec. 403, 49 Stat. 529.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, means act Aug. 5, 1935, which

enacted this chapter and sections 1432a and 1601a of this title and

amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585,

1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections

60, 106, and 288 of former Title 46, Shipping, and sections 91,

277, 319, 325 of Title 46, Appendix. For complete classification of

this Act to the Code, see Tables.

-CITE-