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19 U.S.C. § 495 to 505 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930

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

19 U.S.C. § 495 to 505 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930

### Statutory Notes Sections, act Sept. 21, 1922, ch. 356, title IV, §§ 592, 593(a), (b), 594–601, 42 Stat. 982 to 984, related to seizure and forfeiture of vessels, vehicles and merchandise. Provisions of Tariff Act of 1930 corresponding to section 495, see [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim); section 496, see section 1593(a) [repealed] of this title; section 498, see [section 1594 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1594&num=0&edition=prelim); section 499, see [section 1595 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1595&num=0&edition=prelim); section 503, see [section 1599 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1599&num=0&edition=prelim).

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Source file: Laws/federal/codes/united-states-code/title-19/section-495-to-505-19-u-s-c-495-to-505-repealed-june-17-1930-ch-497-title-iv-651-a-1-46-sta--a949a347e7.md
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Source location: Title 19, Chapter 3, § 495 to 505; chapter-003-the-tariff-and-related-provisions.md

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

19 U.S.C. § 1595 — Searches and seizures

**(a) Warrant** (1) If any officer or person authorized to make searches and seizures has probable cause to believe that— (A) any merchandise upon which the duties have not been paid, or which has been otherwise brought into the United States unlawfully; (B) any property which is subject to forfeiture under any provision of law enforced or administered by the United States Customs Service; or (C) any document, container, wrapping, or other article which is evidence of a violation of [section 1592 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1592&num=0&edition=prelim) involving fraud or of any other law enforced or administered by the United States Customs Service, is in any dwelling house, store, or other building or place, he may make application, under oath, to any justice of the peace, to any municipal, county, State, or Federal judge, or to any Federal magistrate judge, and shall thereupon be entitled to a warrant to enter such dwelling house in the daytime only, or such store or other place at night or by day, and to search for and seize such merchandise or other article described in the warrant. (2) If any house, store, or other building or place, in which any merchandise or other article subject to forfeiture is found, is upon or within 10 feet of the boundary line between the United States and a foreign country, such portion thereof that is within the United States may be taken down or removed. **(b) Entry upon property of others** Any person authorized by this chapter to make searches and seizures, or any person assisting him or acting under his directions, may, if deemed necessary by him or them, enter into or upon or pass through the lands, inclosures, and buildings, other than the dwelling house, of

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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

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

19 U.S.C. § 1599 — Officers not to be interested in vessels or cargo

No person employed under the authority of the United States, in the collection of duties on imports or tonnage, shall own, either in whole or in part, any vessel (other than a yacht or other pleasure boat), or act as agent, attorney, or consignee for the owner or owners of any vessel, or of any cargo or lading on board the same; nor shall any such person import, or be concerned directly or indirectly in the importation of, any merchandise for sale into the United States. Every person who violates this section shall be liable to a penalty of $500.

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