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19 U.S.C. § 1436 — Penalties for violations of arrival, reporting, entry, and clearance requirements
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
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Stable record: federal_law:legal_authorities:record_usc_e65e0918c8d48211434eaa8c
Source file: Laws/federal/codes/united-states-code/title-19/section-1436-penalties-for-violations-of-arrival-reporting-entry-and-clearance-requir--cad432d3a4.md
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Passage SHA-256: 855fd1c93a6470517f98382028ef32a6511b2b8a1067621ec7d27e3b9def89af
Source location: Title 19, Chapter 4, § 1436; chapter-004-tariff-act-of-1930.md
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**(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 than sea stores or the equivalent for conveyances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both.
**(d) Additional civil penalty** If any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a conveyance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in [section 1584 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1584&num=0&edition=prelim), the master, individual in charge of a vehicle, or pilot shall be liable to the penalties prescribed in that section.
**(e) Civil penalties for postal shipments**
(1) **Civil penalty** — A civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of [section 1415(a)(3)(K)(vii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K/vii/I&num=0&edition=prelim).
(2) **Modification of civil penalty**
(A) *In general* — U.S. Customs and Border Protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph (1) if U.S. Customs and Border Protection determines that the United States Postal Service—
(i) has a low error rate in compliance with [section 1415(a)(3)(K) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K&num=0&edition=prelim);
(ii) is cooperating with U.S. Customs and Border Protection with respect to the violation of [section 1415(a)(3)(K)(vii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K/vii/I&num=0&edition=prelim); or
(iii) has taken remedial action to prevent future violations of [section 1415(a)(3)(K)(vii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K/vii/I&num=0&edition=prelim).
(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 determines that the United States Postal Service—
(A) has repeatedly committed violations of [section 1415(a)(3)(K)(vii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K/vii/I&num=0&edition=prelim),
(B) has failed to cooperate with U.S. Customs and Border Protection with respect to violations of [section 1415(a)(3)(K)(vii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K/vii/I&num=0&edition=prelim), and
(C) has an increasing error rate in compliance with [section 1415(a)(3)(K) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1415/a/3/K&num=0&edition=prelim),
civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Border Protection, is taken.
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Federal law — U.S. Code and appendices · legal_authorities
(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
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Except as hereinafter provided the reorganization of the customs service made by the President and communicated to Congress under date of March 3, 1913, shall, until otherwise provided by Congress, constitute the permanent organization of the customs service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels of the United States.—** Except as otherwise provided by law, a vessel of the United States shall obtain clearance from the Secretary of Homeland Security before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States if the vessel has on board foreign merchandise for which entry has not been made; or
(3) outside the territorial sea to visit a hovering vessel or to receive merchandise while outside the territorial sea.
**(b) Other Vessels.—** Except as otherwise provided by law, a vessel that is not a vessel of the United States shall obtain clearance from the Secretary before proceeding from a port or place in the United States—
(1) for a foreign port or place;
(2) for another port or place in the United States; or
(3) outside the territorial sea to visit a hovering vessel or to receive or deliver merchandise while outside the territorial sea.
**(c) Regulations.—** The Secretary may by regulation—
(1) prescribe the manner in which clearance under this section is to be obtained, including the documents, data, or information which shall be submitted or transmitted, pursuant to an authorized data interchange system, to obtain the clearance;
(2) permit clearance to be obtained before all requirements for clearance are complied with, but only if the owner or operator of the vessel files a bond in an amount set by the Secretary conditioned on the compliance by the owner or operator with all specified requirements for clearance within a time period (not exceeding 4 business days) established by the Secretary; and
(3) permit clearance to be obtained at a place other than a designated port of entry, under conditions the Secretary may prescribe.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Schedule of fees** In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of customs services in connection with the following:
(1) For the arrival of a commercial vessel of 100 net tons or more, $397.
(2) For the arrival of a commercial truck, $5.
(3) For the arrival of each railroad car carrying passengers or commercial freight, $7.50.
(4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25.
(5)
(A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5.
(B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75.
(6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under subsection (b)(9)(D)), $5.
(7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year.
(8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100.
(9)
(A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.21 11 See Rates for Merchandise Processing Fees notes below. percent ad valorem, unless adjusted under subparagraph (B).
(B)
(i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.21 1 percent nor less than 0.15 percent) an
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 58c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessel arrival**
(1) Immediately upon the arrival at any port or place within the United States or the Virgin Islands of—
(A) any vessel from a foreign port or place;
(B) any foreign vessel from a domestic port;
(C) any vessel of the United States carrying foreign merchandise for which entry has not been made; or
(D) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea;
the master of the vessel shall report the arrival at the nearest customs facility or such other place as the Secretary may prescribe by regulations.
(2) The Secretary may by regulation—
(A) prescribe the manner in which arrivals are to be reported under paragraph (1); and
(B) extend the time in which reports of arrival must be made, but not later than 24 hours after arrival.
**(b) Vehicle arrival**
(1) Vehicles may arrive in the United States only at border crossing points designated by the Secretary.
(2) Except as otherwise authorized by the Secretary, immediately upon the arrival of any vehicle in the United States at a border crossing point, the person in charge of the vehicle shall—
(A) report the arrival; and
(B) present the vehicle, and all persons and merchandise (including baggage) on board, for inspection;
to the customs officer at the customs facility designated for that crossing point.
**(c) Aircraft arrival** The pilot of any aircraft arriving in the United States or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the Secretary may by regulation prescribe.
**(d) Presentation of documentation** The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1433
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary, acting through the Under Secretary for Science and Technology, shall designate the laboratory described in subsection (b) as an additional laboratory pursuant to the authority under [section 188(c)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section188/c/2&num=0&edition=prelim). Such laboratory shall be used to test and evaluate emerging technologies and conduct research and development to assist emergency response providers in preparing for, and protecting against, threats of terrorism.
**(b) Laboratory described** The laboratory described in this subsection is the laboratory—
(1) known, as of December 27, 2021, as the National Urban Security Technology Laboratory; and
(2) transferred to the Department pursuant to [section 183(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section183/1/E&num=0&edition=prelim).
**(c) Laboratory activities** The National Urban Security Technology Laboratory shall—
(1) conduct tests, evaluations, and assessments of current and emerging technologies, including, as appropriate, the cybersecurity of such technologies that can connect to the internet, for emergency response providers;
(2) act as a technical advisor to emergency response providers; and
(3) carry out other such activities as the Secretary determines appropriate.
**(d) Rule of construction** Nothing in this section may be construed as affecting in any manner the authorities or responsibilities of the Countering Weapons of Mass Destruction Office of the Department.
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1436a
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Federal law — U.S. Code and appendices · legal_authorities
Page 161
TITLE 19—CUSTOMS DUTIES
§ 1436
1970—Pub. L. 91–271 substituted reference to appro-
priate customs officer for reference to collector.
1935—Act Aug. 5, 1935, inserted ‘‘or document in lieu
thereof’’ after ‘‘indicated in the register’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–476, except as otherwise
provided, applicable with respect to goods entered, or
withdrawn from warehouse, for consumption, on or
after the 15th day after Nov. 9, 2000, see section 1471 of
Pub. L. 106–476, set out as a note under section 58c of
this title.
EFFECTIVE DATE OF 1970 AMENDMENT
For effective date of amendment by Pub. L. 91–271,
see section 203 of Pub. L. 91–271, set out as a note under
section 1500 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and li-
abilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Sec-
retary of Homeland Security, and for treatment of re-
lated references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of Novem-
ber 25, 2002, as modified, set out as a note under section
542 of Title 6. For establishment of U.S. Customs and
Border Protection in the Department of Homeland Se-
curity, treated as if included in Pub. L. 107–296 as of
Nov. 25, 2002, see section 211 of Title 6, as amended gen-
erally by Pub. L. 114–125, and section 802(b) of Pub. L.
114–125, set out as a note under section 211 of Title 6.
§ 1435. Repealed. Pub. L. 103–182, title VI,
§ 690(b)(2), Dec. 8, 1993, 107 Stat. 2223
Section, act June 17, 1930, ch. 497, title IV, § 435, 46
Stat. 7
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1436
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