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19 U.S.C. § 1436a — Report on violations of arrival, reporting, entry, and clearance requirements and falsity or lack of manifest
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection (b) with respect to each violation of [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1436&num=0&edition=prelim), as amended by section 8007, and [section 1584 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1584&num=0&edition=prelim) that occurred during the previous year.
**(b) Information described** The information described in this subsection is the following:
(1) The name and address of the violator.
(2) The specific violation that was committed.
(3) The location or port of entry through which the items were transported.
(4) An inventory of the items seized, including a description of the items and the quantity seized.
(5) The location from which the items originated.
(6) The entity responsible for the apprehension or seizure, organized by location or port of entry.
(7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry.
(8) The amount of penalties that U.S. Customs and Border Protection could have levied, organized by name of the violator and location or port of entry.
(9) The rationale for negotiating lower penalties, organized by name of the violator and location or port of entry.
**(c) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means, the Committee on Ov
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Source file: Laws/federal/codes/united-states-code/title-19/section-1436a-report-on-violations-of-arrival-reporting-entry-and-clearance-requiremen--64a66ca9cc.md
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Source location: Title 19, Chapter 4, § 1436a; chapter-004-tariff-act-of-1930.md
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**(a) In general** The Commissioner of U.S. Customs and Border Protection shall submit to the appropriate congressional committees an annual report that contains the information described in subsection (b) with respect to each violation of [section 1436 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1436&num=0&edition=prelim), as amended by section 8007, and [section 1584 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1584&num=0&edition=prelim) that occurred during the previous year.
**(b) Information described** The information described in this subsection is the following:
(1) The name and address of the violator.
(2) The specific violation that was committed.
(3) The location or port of entry through which the items were transported.
(4) An inventory of the items seized, including a description of the items and the quantity seized.
(5) The location from which the items originated.
(6) The entity responsible for the apprehension or seizure, organized by location or port of entry.
(7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry.
(8) The amount of penalties that U.S. Customs and Border Protection could have levied, organized by name of the violator and location or port of entry.
(9) The rationale for negotiating lower penalties, organized by name of the violator and location or port of entry.
**(c) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means, the Committee on Oversight and Government Reform, and the Committee on Homeland Security of the House of Representatives.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule**
(1) Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer (whether of the Customs Service or the Coast Guard) demanding the same shall be liable to a penalty of $1,000, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be liable to a penalty equal to the lesser of $10,000 or the domestic value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be subject to a penalty of $1,000: Provided, That if the Customs Service shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred. For purposes of this subsection, the term “clerical error” means a nonnegl
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1584
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** It is unlawful—
(1) to fail to comply with section 1431, 1433, or 1434 of this title or [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim);
(2) to present or transmit, electronically or otherwise, any forged, altered, or false document, paper, information, data or manifest to the Customs Service under section 1431, 1433(d), or 1434 of this title or [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim) without revealing the facts;
(3) to fail to make entry or to obtain clearance as required by section 1434 or 1644 of this title, [section 60105 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section60105&num=0&edition=prelim), or section 1644a(b)(1) or (c)(1) of this title; or
(4) to fail to comply with, or violate, any regulation prescribed under any section referred to in any of paragraphs (1) through (3).
**(b) Civil penalty** Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection (a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture.
**(c) Criminal penalty** In addition to being liable for a civil penalty under subsection (b), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection (a) is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other t
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1436
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Federal law — U.S. Code and appendices · legal_authorities
Page 162
TITLE 19—CUSTOMS DUTIES
§ 1436a
(B) Written notification
U.S. Customs and Border Protection shall
issue a written notification to the Postal
Service with respect to each exercise of the
authority of subparagraph (A) to reduce or
dismiss a civil penalty imposed pursuant to
paragraph (1).
(3) Ongoing lack of compliance
If U.S. Customs and Border Protection deter-
mines that the United States Postal Service—
(A) has repeatedly committed violations of
section 1415(a)(3)(K)(vii)(I) of this title,
(B) has failed to cooperate with U.S. Cus-
toms and Border Protection with respect to
violations of section 1415(a)(3)(K)(vii)(I) of
this title, and
(C) has an increasing error rate in compli-
ance with section 1415(a)(3)(K) of this title,
civil penalties may be imposed against the
United States Postal Service until corrective
action, satisfactory to U.S. Customs and Bor-
der Protection, is taken.
(June 17, 1930, ch. 497, title IV, § 436, 46 Stat. 711;
Aug. 5, 1935, ch. 438, title II, § 202, 49 Stat. 521;
Pub. L. 99–570, title III, § 3113(a), Oct. 27, 1986, 100
Stat. 3207–81; Pub. L. 103–182, title VI, § 611, Dec.
8, 1993, 107 Stat. 2170; Pub. L. 104–295, § 21(e)(3),
Oct. 11, 1996, 110 Stat. 3530; Pub. L. 115–271, title
VIII, § 8007, Oct. 24, 2018, 132 Stat. 4080.)
Editorial Notes
CODIFICATION
In subsec. (a)(1) to (3), ‘‘section 60105 of title 46’’ sub-
stituted for ‘‘section 4197 of the Revised Statutes of the
United States (46 U.S.C. App. 91)’’ on authority of Pub.
L. 109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act
enacted section 60105 of Title 46, Shipping.
In subsec. (a)(3), ‘‘section 1644a(b)(1) or (c)(1) of this
title’’ substituted for ‘‘section 1109 of the Federal Avia-
tion Act of 1958 (49 U.S.C. App. 1509)’’ on authority of
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