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United States
33 USC CHAPTER 5--SMUGGLING

From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1701]


TITLE 19--CUSTOMS DUTIES

CHAPTER 5--SMUGGLING

Sec. 1701. Customs-enforcement area


(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.

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

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.

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.


Sec. 1702. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.
862, eff. Sept. 1, 1948

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.

Sec. 1702. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat.
862, eff. Sept. 1, 1948

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.

Sec. 1704. Refusal or revocation of registry, enrollment,
license or number on evidence that vessel engaging in smuggling;
appeal; immunity from liability

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 \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.
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\1\ So in original.
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(Aug. 5, 1935, ch. 438, title I, Sec. 4, 49 Stat. 519; 1946 Reorg. Plan
No. 3, Secs. 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.)


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. 130-182, 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''.

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, Secs. 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.

Sec. 1705. Destruction of forfeited vessel or vehicle

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.

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

Sec. 1706. Importation in vessels under thirty tons and
aircraft; licenses; labels as prima facie evidence of foreign
origin of merchandise

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.

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


Sec. 1707. Repealed. Pub. L. 104-295, Sec. 3(a)(2), Oct. 11,
1996, 110 Stat. 3515

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.

Sec. 1707. Repealed. Pub. L. 104-295, Sec. 3(a)(2), Oct. 11,
1996, 110 Stat. 3515

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.

Sec. 1710. Separability

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.

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

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.

Sec. 1711. Citation of chapter

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

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

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.