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19 U.S.C. § 1590 — Aviation smuggling

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

19 U.S.C. § 1590 — Aviation smuggling

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Stable record: federal_law:legal_authorities:record_usc_bd241ce823ef8138efbac2c1
Source file: Laws/federal/codes/united-states-code/title-19/section-1590-aviation-smuggling--fe45e84a2c.md
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Source location: Title 19, Chapter 4, § 1590; chapter-004-tariff-act-of-1930.md

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**(a) In general** It is unlawful for the pilot of any aircraft to transport, or for any individual on board any aircraft to possess, merchandise knowing, or intending, that the merchandise will be introduced into the United States contrary to law. **(b) Sea transfers** It is unlawful for any person to transfer merchandise between an aircraft and a vessel on the high seas or in the customs waters of the United States if such person has not been authorized by the Secretary to make such transfer and— (1) either— (A) the aircraft is owned by a citizen of the United States or is registered in the United States, or (B) the vessel is a vessel of the United States (within the meaning of [section 1703(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1703/b&num=0&edition=prelim)), or (2) regardless of the nationality of the vessel or aircraft, such transfer is made under circumstances indicating the intent to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully. **(c) Civil penalties** Any person who violates any provision of this section is liable for a civil penalty equal to twice the value of the merchandise involved in the violation, but not less than $10,000. The value of any controlled substance included in the merchandise shall be determined in accordance with [section 1497(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1497/b&num=0&edition=prelim). **(d) Criminal penalties** In addition to being liable for a civil penalty under subsection (c), any person who intentionally commits, or attempts or conspires to commit, a violation of any provision of this section is, upon conviction— (1) liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both, if none of the merchandise involved was a controlled substance; or (2) liable for a fine of not more than $250,000 or imprisonment for not more than 20 years, or both, if any of the merchandise involved was a controlled substance. **(e) Seizure and forfeiture** (1) Except as provided in paragraph (2), a vessel or aircraft used in connection with, or in aiding or facilitating, any violation of this section, whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with the customs laws. (2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. **(f) “Merchandise” defined** As used in this section, the term “merchandise” means only merchandise the importation of which into the United States is prohibited or restricted. **(g) Definition of aircraft** In this section, the term “aircraft”— (1) has the meaning given that term in [section 40102 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102&num=0&edition=prelim); and (2) includes a vehicle described in section 103.1 of title 14, Code of Federal Regulations. **(h) Intent of transfer of merchandise** For purposes of imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of merchandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully, and for purposes of subsection (e) or [section 1595a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1595a&num=0&edition=prelim), shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: (1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. (2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law. (3) The failure to identify correctly— (A) the vessel by name or country of registration, or (B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. (4) The external display of false registration numbers, false country of registration, or, in the case of a vessel, false vessel name. (5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted. (6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or licenses required under Single Convention on Narcotic Drugs or other international treaty. (7) The presence of any compartment or equipment which is built or fitted out for smuggling. (8) The failure of a vessel to stop when hailed by a customs officer or other government authority.

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

49 U.S.C. § 40102 — Definitions

**(a) General Definitions.—** In this part— (1) “aeronautics” means the science and art of flight. (2) “air carrier” means a citizen of the United States undertaking by any means, directly or indirectly, to provide air transportation. (3) “air commerce” means foreign air commerce, interstate air commerce, the transportation of mail by aircraft, the operation of aircraft within the limits of a Federal airway, or the operation of aircraft that directly affects, or may endanger safety in, foreign or interstate air commerce. (4) “air navigation facility” means a facility used, available for use, or designed for use, in aid of air navigation, including— (A) a landing area; (B) runway lighting and airport surface visual and other navigation aids; (C) apparatus, equipment, software, or service for distributing aeronautical and meteorological information to air traffic control facilities or aircraft; (D) communication, navigation, or surveillance equipment for air-to-ground or air-to-air applications; (E) any structure, equipment, or mechanism for guiding or controlling flight in the air or the landing and takeoff of aircraft; and (F) buildings, equipment, and systems dedicated to the national airspace system. (5) “air transportation” means foreign air transportation, interstate air transportation, or the transportation of mail by aircraft. (6) “aircraft” means any contrivance invented, used, or designed to navigate, or fly in, the air. (7) “aircraft engine” means an engine used, or intended to be used, to propel an aircraft, including a part, appurtenance, and accessory of the engine, except a propeller. (8) “airman” means an individual— (A) in command, or as pilot, mechanic, or member of the crew, who navigates aircraft when under way; (B) exce

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

18 U.S.C. § 550 — False claim for refund of duties

Whoever knowingly and willfully files any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise, or knowingly or willfully makes or files any false affidavit, abstract, record, certificate, or other document, with a view to securing the payment to himself or others of any drawback, allowance, or refund of duties, on the exportation of merchandise, greater than that legally due thereon, shall be fined under this title or imprisoned not more than two years, or both, and such merchandise or the value thereof shall be forfeited.

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

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

**(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

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1595a

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

43 U.S.C. § 1331 — Definitions

In this subchapter: **(a) Outer Continental Shelf.—** The term “outer Continental Shelf” means— (1) all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim), and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control or within the exclusive economic zone of the United States and adjacent to any territory of the United States; and (2) does not include any area conveyed by Congress to a territorial government for administration; **(b) Secretary.—** The term “Secretary” means the Secretary of the Interior, except that with respect to functions under this subchapter transferred to, or vested in, the Secretary of Energy or the Federal Energy Regulatory Commission by or pursuant to the Department of Energy Organization Act ([42 U.S.C. 7101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section7101&num=0&edition=prelim) et seq.), the term “Secretary” means the Secretary of Energy, or the Federal Energy Regulatory Commission, as the case may be. **(c) Lease.—** The term “lease” means any form of authorization which is issued under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1337&num=0&edition=prelim) or maintained under [section 1335 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1335&num=0&edition=prelim) and which authorizes exploration for, and development and production of, minerals. **(d) Person.—** The term “person” includes, in addition to a natural person, an association, a State, a political subdivision o

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1331

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

18 U.S.C. § 1956 — Laundering of monetary instruments

**(a)** (1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity— (A) (i) with the intent to promote the carrying on of specified unlawful activity; or (ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or (B) knowing that the transaction is designed in whole or in part— (i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or (ii) to avoid a transaction reporting requirement under State or Federal law, shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement. (2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States— (A) with the intent to promote the carrying on of specified unlawful activity; or (B) knowing that the monetary instrument or funds involved in the transportation,

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

19 U.S.C. § 1654 — Short title

This chapter may be cited as the “Tariff Act of 1930.”

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

19 U.S.C. § 1590 — Aviation smuggling

Page 275 TITLE 19—CUSTOMS DUTIES § 1590 Stat. 981. That section was superseded by section 588 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions substantially the same as those in this section, except that they applied only to ports on the northern, northeastern and northwestern frontiers, were contained in R.S. § 3110, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1937—Act Aug. 5, 1935, amended section generally. § 1588. Transportation between American ports via foreign ports If any merchandise is laden at any port or place in the United States upon any vessel be- longing wholly or in part to a subject of a for- eign country, and is taken thence to a foreign port or place to be reladen and reshipped to any other port in the United States, either by the same or by another vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port or place of the United States to another port or place of the United States in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such last-named port or place, be seized and for- feited to the United States, and the vessel shall pay a tonnage duty of 50 cents per net ton. (June 17, 1930, ch. 497, title IV, § 588, 46 Stat. 749.) § 1589. Repealed. Pub. L. 100–690, title VII, § 7367(c)(5), Nov. 18, 1988, 102 Stat. 4480 Section, act June 17, 1930, ch. 497, title IV, § 589, as added Oct. 12, 1984, Pub. L. 98–473, title II, § 320, 98 Stat. 2056, set forth arrest authority of customs officers. Editorial Notes CODIFICATION Another section 589 of act June 17, 1930, was added by Pub. L. 98–573, t

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1590

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