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19 U.S.C. § 1587 — Examination of hovering vessels

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1587 — Examination of hovering vessels

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Source file: Laws/federal/codes/united-states-code/title-19/section-1587-examination-of-hovering-vessels--f108d8061e.md
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Source location: Title 19, Chapter 4, § 1587; chapter-004-tariff-act-of-1930.md

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**(a) Boarding and examination** Any hovering vessel, or any vessel which fails (except for unavoidable cause), at any place within the customs waters or within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.], to display lights as required by law, or which has become subject to pursuit as provided in [section 1581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1581&num=0&edition=prelim), or which, being a foreign vessel to which subsection (h) of [section 1581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1581&num=0&edition=prelim) applies, is permitted by special arrangement with a foreign government to be so examined without the customs waters of the United States, may at any time be boarded and examined by any officer of the customs, and the provisions of said section 1581 shall apply thereto, as well without as within his district, and in examining the same, any such officer may also examine the master upon oath respecting the cargo and voyage of the vessel, and may also bring the vessel into the most convenient port of the United States to examine the cargo, and if the master of said vessel refuses to comply with the lawful directions of such officer or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage, he shall be liable to a penalty of not more than $5,000 nor less than $500. If, upon the examination of any such vessel or its cargo by any officer of the customs, any dutiable merchandise destined to the United States is found, or discovered to have been, on board thereof, the vessel and its cargo shall be seized and forfeited. It shall be presumed that any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, so found, or discovered to have been, on board thereof, is destined to the United States. **(b) Unexplained lightness of vessel or discharge of cargo** If any vessel laden with cargo be found at any place in the United States or within the customs waters or within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.] and such vessel afterwards is found light or in ballast or having discharged its cargo or any part thereof, and the master is unable to give a due account of the port or place at which the cargo, or any part thereof, consisting of any merchandise the importation of which into the United States is prohibited or any spirits, wines, or other alcoholic liquors, was lawfully discharged, the vessel shall be seized and forfeited. **(c) Vessel bona fide bound from one foreign port to another foreign port** Nothing contained in this section shall be construed to render any vessel liable to forfeiture which is bona fide bound from one foreign port to another foreign port, and which is pursuing her course, wind and weather permitting.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1711 — Citation of chapter

This Act may be cited as the “Anti-Smuggling Act”.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 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 t

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1581 — Boarding vessels

**(a) Customs officers** Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs-enforcement area established under the Anti-Smuggling Act [[19 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1701&num=0&edition=prelim) et seq.], or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance. **(b) Officers of Department of the Treasury** Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws. **(c) Penalty for presenting forged, altered, or false documents** Any master of a vessel being examined as herein provided, who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and without revealing the fact shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500. **(d) Penalty for failure to stop at command** Any vessel or vehicle which, at any authorized place, is directed to come to a stop

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19 U.S.C. § 1587 — Examination of hovering vessels

Page 274 TITLE 19—CUSTOMS DUTIES § 1587 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, §§ 586, 587, 42 Stat. 980, 981. These sections were superseded by sec- tion 586 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions somewhat similar to those in this section, but applicable only to vessels ‘‘bound to the United States’’ were contained in R.S. § 2867, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. Provisions substantially the same in effect as those contained in the act of 1922, § 587, except that the pen- alty was treble the value of the merchandise, and the provision for forfeiture applied only to the vessel was contained in R.S. § 2868, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1993—Subsecs. (a) to (c). Pub. L. 103–182, § 620(1), in- serted ‘‘, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea,’’ after ‘‘from a foreign port or place’’. Subsec. (f). Pub. L. 103–182, § 620(2), substituted ‘‘the Customs Service at the district’’ for ‘‘the appropriate customs officer of the district’’ and ‘‘the appropriate customs officer within the district’’ and ‘‘the Customs Service is satisfied’’ for ‘‘the appropriate customs offi- cer is satisfied’’. 1986—Subsecs. (a) to (d). Pub. L. 99–570, § 3119(1), sub- stituted ‘‘$10,000’’ for ‘‘$1,000’’ wherever appearing. Subsec. (e). Pub. L. 99–570, § 3119(2)(A), substituted ‘‘customs waters’’ for ‘‘one league of the coast of the United States’’. Pub. L. 99–570, § 3119(2)(B), which directed that ‘‘15 years’’ be substituted for ‘‘2 years’’ w

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1701 — Customs-enforcement area

Page 433 TITLE 19—CUSTOMS DUTIES § 1701 1 So in original. Comma probably should not appear. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. § 1683g. Reports (a) Semiannual reports Not later than 180 days after the effective date of this subtitle, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report— (1) describing the reconciliations conducted under section 1683d of this title,1 and the verifications conducted under section 1683e of this title; (2) identifying the manner in which the United States importers subject to reconcili- ations conducted under section 1683d of this title and verifications conducted under section 1683e of this title were chosen; (3) identifying any penalties imposed under section 1683f of this title; (4) identifying any patterns of noncompli- ance with this subtitle; and (5) identifying any problems or obstacles en- countered in the implementation and enforce- ment of this subtitle. (b) Subsidies reports Not later than 180 days after June 18, 2008, and every 180 days thereafter, the Secretary of Com- merce shall provide to the appropriate congres- sional committees a report on any subsidies on softwood lumber or softwood lumber products, including stumpage subsidies, provided by coun- tries of export. (c) GAO reports The Comptroller General of the United States shall submit the following reports to the appro- priate congressional committees: (1) Not later than 18 months after June 18, 2008, a report on the effectiveness of the rec- onciliations conducted under section 1683d of this title,1 and verifications cond

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