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19 U.S.C. § 1595a — Aiding unlawful importation

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

19 U.S.C. § 1595a — Aiding unlawful importation

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Stable record: federal_law:legal_authorities:record_usc_91f18e0621324fa52e14692b
Source file: Laws/federal/codes/united-states-code/title-19/section-1595a-aiding-unlawful-importation--e9579e45bc.md
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Source location: Title 19, Chapter 4, § 1595a; chapter-004-tariff-act-of-1930.md

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**(a) Importation, removal, etc. contrary to laws of United States** Except as specified in subsection (b) or (c) of [section 1594 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1594&num=0&edition=prelim), every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment. **(b) Penalty for aiding unlawful importation** Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced. **(c) Merchandise introduced contrary to law** Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows: (1) The merchandise shall be seized and forfeited if it— (A) is stolen, smuggled, or clandestinely imported or introduced; (B) is a controlled substance, as defined in the Controlled Substances Act ([21 U.S.C. 801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section801&num=0&edition=prelim) et seq.), and is not imported in accordance with applicable law; (C) is a contraband article, as defined in [section 80302 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section80302&num=0&edition=prelim); or (D) is a plastic explosive, as defined in [section 841(q) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section841/q&num=0&edition=prelim), which does not contain a detection agent, as defined in section 841(p) of such title. (2) The merchandise may be seized and forfeited if— (A) its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute; (B) its importation or entry requires a license, permit or other authorization of an agency of the United States Government and the merchandise is not accompanied by such license, permit, or authorization; (C) it is merchandise or packaging in which copyright, trademark, or trade name protection violations are involved (including, but not limited to, violations of section 1124, 1125, or 1127 of title 15, [section 506 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section506&num=0&edition=prelim), or section 2318 or 2320 of title 18); (D) it is trade dress merchandise involved in the violation of a court order citing [section 1125 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1125&num=0&edition=prelim); (E) it is merchandise which is marked intentionally in violation of [section 1304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1304&num=0&edition=prelim); (F) it is merchandise for which the importer has received written notices that previous importations of identical merchandise from the same supplier were found to have been marked in violation of [section 1304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1304&num=0&edition=prelim); or (G) U.S. Customs and Border Protection determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of [section 1201 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section1201&num=0&edition=prelim). (3) If the importation or entry of the merchandise is subject to quantitative restrictions requiring a visa, permit, license, or other similar document, or stamp from the United States Government or from a foreign government or issuing authority pursuant to a bilateral or multilateral agreement, the merchandise shall be subject to detention in accordance with [section 1499 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1499&num=0&edition=prelim) unless the appropriate visa, license, permit, or similar document or stamp is presented to the Customs Service; but if the visa, permit, license, or similar document or stamp which is presented in connection with the importation or entry of the merchandise is counterfeit, the merchandise may be seized and forfeited. (4) If the merchandise is imported or introduced contrary to a provision of law which governs the classification or value of merchandise and there are no issues as to the admissibility of the merchandise into the United States, it shall not be seized except in accordance with [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim). (5) In any case where the seizure and forfeiture of merchandise are required or authorized by this section, the Secretary may— (A) remit the forfeiture under [section 1618 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1618&num=0&edition=prelim), or (B) permit the exportation of the merchandise, unless its release would adversely affect health, safety, or conservation or be in contravention of a bilateral or multilateral agreement or treaty. **(d) Merchandise exported contrary to law** Merchandise exported or sent from the United States or attempted to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the exporting or sending of such merchandise, the attempted exporting or sending of such merchandise, or the receipt, purchase, transportation, concealment, or sale of such merchandise prior to exportation shall be seized and forfeited to the United States.

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

19 U.S.C. § 1304 — Marking of imported articles and containers

**(a) Marking of articles** Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit in such manner as to indicate to an ultimate purchaser in the United States the English name of the country of origin of the article. The Secretary of the Treasury may by regulations— (1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of origin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; (2) Require the addition of any other words or symbols which may be appropriate to prevent deception or mistake as to the origin of the article or as to the origin of any other article with which such imported article is usually combined subsequent to importation but before delivery to an ultimate purchaser; and (3) Authorize the exception of any article from the requirements of marking if— (A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without injury; (C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its importation; (D) The marking of a container of such article will reasonably indicate the origin of such article; (E) Such article is a crude substance; (F) Such article is imported for use by the importer and not intended for sale in its imported or any o

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

21 U.S.C. § 801 — Congressional findings and declarations: controlled substances

The Congress makes the following findings and declarations: (1) Many of the drugs included within this subchapter have a useful and legitimate medical purpose and are necessary to maintain the health and general welfare of the American people. (2) The illegal importation, manufacture, distribution, and possession and improper use of controlled substances have a substantial and detrimental effect on the health and general welfare of the American people. (3) A major portion of the traffic in controlled substances flows through interstate and foreign commerce. Incidents of the traffic which are not an integral part of the interstate or foreign flow, such as manufacture, local distribution, and possession, nonetheless have a substantial and direct effect upon interstate commerce because— (A) after manufacture, many controlled substances are transported in interstate commerce, (B) controlled substances distributed locally usually have been transported in interstate commerce immediately before their distribution, and (C) controlled substances possessed commonly flow through interstate commerce immediately prior to such possession. (4) Local distribution and possession of controlled substances contribute to swelling the interstate traffic in such substances. (5) Controlled substances manufactured and distributed intrastate cannot be differentiated from controlled substances manufactured and distributed interstate. Thus, it is not feasible to distinguish, in terms of controls, between controlled substances manufactured and distributed interstate and controlled substances manufactured and distributed intrastate. (6) Federal control of the intrastate incidents of the traffic in controlled substances is essential to the effective control of the interstate incidents

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

19 U.S.C. § 1592 — Penalties for fraud, gross negligence, and negligence

**(a) Prohibition** (1) **General rule** — Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence— (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of— (i) any document or electronically transmitted data or information, written or oral statement, or act which is material and false, or (ii) any omission which is material, or (B) may aid or abet any other person to violate subparagraph (A). (2) **Exception** — Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct. **(b) Procedures** (1) **Pre-penalty notice** (A) *In general* — If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall— (i) describe the merchandise; (ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction; (iii) specify all laws and regulations allegedly violated; (iv) disclose all the material facts which establish the alleged violation; (v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence; (vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into

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

17 U.S.C. § 506 — Criminal offenses

**(a) Criminal Infringement.—** (1) **In general.—** — Any person who willfully infringes a copyright shall be punished as provided under [section 2319 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2319&num=0&edition=prelim), if the infringement was committed— (A) for purposes of commercial advantage or private financial gain; (B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or (C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution. (2) **Evidence.—** — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright. (3) **Definition.—** — In this subsection, the term “work being prepared for commercial distribution” means— (A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution— (i) the copyright owner has a reasonable expectation of commercial distribution; and (ii) the copies or phonorecords of the work have not been commercially distributed; or (B) a motion picture, if, at the time of unauthorized distribution, the motion picture— (i) has been made available for viewing in a motion picture exhibition facility; and (ii) has not been made available in copies for sale to the general public in the United States in a f

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

19 U.S.C. § 1594 — Seizure of conveyances

**(a) In general** Whenever— (1) any vessel, vehicle, or aircraft; or (2) the owner or operator, or the master, pilot, conductor, driver, or other person in charge of a vessel, vehicle, or aircraft; is subject to a penalty for violation of the customs laws, the conveyance involved shall be held for the payment of such penalty and may be seized and forfeited and sold in accordance with the customs laws. The proceeds of sale, if any, in excess of the assessed penalty and expenses of seizing, maintaining, and selling the property shall be held for the account of any interested party. **(b) Exceptions** (1) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to seizure and forfeiture under the customs laws for violations relating to merchandise contained— (A) on the person; (B) in baggage belonging to and accompanying a passenger being lawfully transported on such conveyance; or (C) in the cargo of the conveyance if the cargo is listed on the manifest and marks, numbers, weights and quantities of the outer packages or containers agree with the manifest; unless the owner or operator, or the master, pilot, conductor, driver or other person in charge participated in, or had knowledge of, the violation, or was grossly negligent in preventing or discovering the violation. (2) Except as provided in paragraph (1) or subsection (c), no vessel, vehicle, or aircraft is subject to forfeiture to the extent of an interest of an owner for a drug-related offense established by that owner to have been committed or omitted without the knowledge, consent, or willful blindness of the owner. **(c) Prohibited merchandise on conveyance** If any merchandise the importation of which is prohibited is found to be, or to

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

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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

19 U.S.C. § 1499 — Examination of merchandise

**(a) Entry examination** (1) **In general** — Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States. (2) **Examination** — The Customs Service— (A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise; (B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose; (C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and (D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service. (3) **Unspecified articles** — If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry— (A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or (B) without fraudulent intent, the value of the article shall be added to the entry and the

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15 U.S.C. § 1125 — False designations of origin, false descriptions, and dilution forbidden

**(a) Civil action** (1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— (A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or (B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. (2) As used in this subsection, the term “any person” includes any State, instrumentality of a State or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this chapter in the same manner and to the same extent as any nongovernmental entity. (3) In a civil action for trade dress infringement under this chapter for trade dress not registered on the principal register, the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional. **(b) Importation** Any goods marked or labeled in contravention of the provisions of this section shall not be imported into the United States or admitted to entry at any customhouse of the United States. The owner, impo

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19 U.S.C. § 1618 — Remission or mitigation of penalties

Whenever any person interested in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter, or who has incurred, or is alleged to have incurred, any fine or penalty thereunder, files with the Secretary of the Treasury if under the customs laws, and with the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if under the navigation laws, before the sale of such vessel, vehicle, aircraft, merchandise, or baggage a petition for the remission or mitigation of such fine, penalty, or forfeiture, the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection, if he finds that such fine, penalty, or forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine, penalty, or forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just, or order discontinuance of any prosecution relating thereto. In order to enable him to ascertain the facts, the Secretary of the Treasury may issue a commission to any customs officer to take testimony upon such petition: Provided, That nothing in this section shall be construed to deprive any person of an award of compensation made before the filing of such petition.

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17 U.S.C. § 1201 — Circumvention of copyright protection systems

**(a) Violations Regarding Circumvention of Technological Measures.—** (1) (A) No person shall circumvent a technological measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. (B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title, as determined under subparagraph (C). (C) During the 2-year period described in subparagraph (A), and during each succeeding 3-year period, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall make the determination in a rulemaking proceeding for purposes of subparagraph (B) of whether persons who are users of a copyrighted work are, or are likely to be in the succeeding 3-year period, adversely affected by the prohibition under subparagraph (A) in their ability to make noninfringing uses under this title of a particular class of copyrighted works. In conducting such rulemaking, the Librarian shall examine— (i) the availability for use of copyrighted works; (ii) the availability for use of works for nonprofit archival, preservation, and educational purposes; (iii) the impact that the prohibition on the circumve

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