19 U.S.C. § 1582 — Search of persons and baggage; regula-

Page 268 TITLE 19—CUSTOMS DUTIES § 1582 and arrest any person engaged in the breach or violation of the navigation laws. (c) Penalty for presenting forged, altered, or false documents Any master of a vessel being examined as herein provided, who presents any forged, al- tered, or false document or paper to the exam- ining officer, knowing the same to be forged, al- tered, or false and without revealing the fact shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500. (d) Penalty for failure to stop at command Any vessel or vehicle which, at any authorized place, is directed to come to a stop by any offi- cer of the customs, or is directed to come to a stop by signal made by any vessel employed in the service of the customs and displaying proper insignia, shall come to a stop, and upon failure to comply a vessel or vehicle so directed to come to a stop shall become subject to pursuit and the master, owner, operator, or person in charge thereof shall be liable to a penalty of not more than $5,000 nor less than $1,000. (e) Seizure of vessel or merchandise If upon the examination of any vessel or vehi- cle it shall appear that a breach of the laws of the United States is being or has been com- mitted so as to render such vessel or vehicle, or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel or vehicle, liable to forfeiture or to secure any fine or penalty, the same shall be seized and any person who has engaged in such breach shall be arrested. (f) Duty of customs officers to seize vessel It shall be the duty of the several officers of the customs to seize and secure any vessel, vehi- cle, or merchandise which shall become liable to seizure, and to arrest any person who shall be- come liable to arrest, by virtue of any law re- specting the revenue, as well without as within their respective districts, and to use all nec- essary force to seize or arrest the same. (g) Vessels deemed employed within United States Any vessel, within or without the customs wa- ters, from which any merchandise is being, or has been, unlawfully introduced into the United States by means of any boat belonging to, or owned, controlled, or managed in common with, said vessel, shall be deemed to be employed within the United States and, as such, subject to the provisions of this section. (h) Application of section to treaties of United States The provisions of this section shall not be con- strued to authorize or require any officer of the United States to enforce any law of the United States upon the high seas upon a foreign vessel in contravention of any treaty with a foreign government enabling or permitting the authori- ties of the United States to board, examine, search, seize, or otherwise to enforce upon said vessel upon the high seas the laws of the United States except as such authorities are or may otherwise be enabled or permitted under special arrangement with such foreign government. (June 17, 1930, ch. 497, title IV, § 581, 46 Stat. 747; Aug. 5, 1935, ch. 438, title II, § 203, 49 Stat. 521; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 1, 1954, ch. 1213, title V, § 504, 68 Stat. 1141.) Editorial Notes REFERENCES IN TEXT The Anti-Smuggling Act, referred to in subsec. (a), is act Aug. 5, 1935, ch. 438, 49 Stat. 517, which is classified principally to chapter 5 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see sec- tion 1711 of this title and Tables. For definition of officer of the customs used in text, see section 1401 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 581, 42 Stat. 979. That section was superseded by section 581 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Prior provisions dealing with the subject matter of this section were contained in R.S. § 3059, conferring powers similar in most respects to those conferred by this section, so far as it relates to vessels, on any offi- cer of the customs, including inspectors and occasional inspectors, or of a revenue cutter, or authorized agent of the Treasury Department, or other persons specially appointed in writing; section 3060, requiring appoint- ments under the preceding section to be filed in the custom house; section 3067, authorizing collectors, etc., and officers of revenue cutters to go on board vessels in port or within four leagues of the coast, for the purpose of demanding manifests, and examining and searching vessels; and section 3069, relative to noting and sealing, if necessary, packages found separate from the residue of the cargo. All of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1954—Subsec. (d). Act Sept. 1, 1954, provided a penalty against the owner, operator or person in charge, as well as the master, of a vessel failing to come to a required stop and struck out provisions relating to the duty of the customs officers to pursue such vessels. 1935—Act Aug. 5, 1935, amended section generally among which changes it subdivided the section into subsecs. (a) to (h), inclusive. Executive Documents TRANSFER OF FUNCTIONS Word ‘‘Treasury’’ was substituted for ‘‘Commerce’’ in subsec. (b) upon authority of Reorg. Plan No. 3 of 1946. See note set out under section 1613 of this title. § 1582. Search of persons and baggage; regula- tions The Secretary of the Treasury may prescribe regulations for the search of persons and bag- gage and he is authorized to employ female in- spectors for the examination and search of per- sons of their own sex; and all persons coming into the United States from foreign countries shall be liable to detention and search by au- thorized officers or agents of the Government under such regulations. (June 17, 1930, ch. 497, title IV, § 582, 46 Stat. 748.) Page 269 TITLE 19—CUSTOMS DUTIES § 1583 1 See References in Text note below. Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in R.S. § 3064, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 582, 42 Stat. 979, and was re- pealed by section 642 thereof. Section 582 of the 1922 act was superseded by section 582 of act June 17, 1930, com- prising this section, and repealed by section 651(a)(1) of the 1930 act. § 1583. Examination of outbound mail (a) Examination (1) In general For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search war- rant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service. (2) Provisions of law described The provisions of law described in this para- graph are the following: (A) Section 5316 of title 31 (relating to re- ports on exporting and importing monetary instruments). (B) Sections 1461, 1463, 1465, and 1466, and chapter 110 of title 18 (relating to obscenity and child pornography). (C) Section 953 of title 21 (relating to ex- portation of controlled substances). (D) The Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).1 (E) Section 2778 of title 22. (F) The International Emergency Eco- nomic Powers Act (50 U.S.C. 1701 et seq.). (b) Search of mail not sealed against inspection and other mail Mail not sealed against inspection under the postal laws and regulations of the United States, mail which bears a Customs declaration, and mail with respect to which the sender or ad- dressee has consented in writing to search, may be searched by a Customs officer. (c) Search of mail sealed against inspection weighing in excess of 16 ounces (1) In general Mail weighing in excess of 16 ounces sealed against inspection under the postal laws and regulations of the United States may be searched by a Customs officer, subject to para- graph (2), if there is reasonable cause to sus- pect that such mail contains one or more of the following: (A) Monetary instruments, as defined in section 1956 of title 18. (B) A weapon of mass destruction, as de- fined in section 2332a(b) 1 of title 18. (C) A drug or other substance listed in schedule I, II, III, or IV in section 812 of title 21. (D) National defense and related informa- tion transmitted in violation of any of sec- tions 793 through 798 of title 18. (E) Merchandise mailed in violation of sec- tion 1715 or 1716 of title 18. (F) Merchandise mailed in violation of any provision of chapter 71 (relating to obscen- ity) or chapter 110 (relating to sexual exploi- tation and other abuse of children) of title 18. (G) Merchandise mailed in violation of the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.).1 (H) Merchandise mailed in violation of sec- tion 2778 of title 22. (I) Merchandise mailed in violation of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). (J) Merchandise mailed in violation of the Trading with the Enemy Act (50 U.S.C. App. 1 et seq.).1 (K) Merchandise subject to any other law enforced by the Customs Service. (2) Limitation No person acting under the authority of paragraph (1) shall read, or authorize any other person to read, any correspondence con- tained in mail sealed against inspection unless prior to so reading— (A) a search warrant has been issued pur- suant to rule 41 of the Federal Rules of Criminal Procedure; or (B) the sender or addressee has given writ- ten authorization for such reading. (d) Search of mail sealed against inspection weighing 16 ounces or less Notwithstanding any other provision of this section, subsection (a)(1) shall not apply to mail weighing 16 ounces or less sealed against inspec- tion under the postal laws and regulations of the United States. (June 17, 1930, ch. 497, title IV, § 583, as added Pub. L. 107–210, div. A, title III, § 344(a), Aug. 6, 2002, 116 Stat. 986; amended Pub. L. 108–429, title II, § 2004(a)(12), Dec. 3, 2004, 118 Stat. 2590.) Editorial Notes REFERENCES IN TEXT The Export Administration Act of 1979, referred to in subsecs. (a)(2)(D) and (c)(1)(G), is Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 503, which was classified principally to section 2401 et seq. of the former Appendix to Title 50, War and National Defense, prior to editorial reclassi- fication and renumbering as chapter 56 (§ 4601 et seq.) of Title 50, and was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232, except for sections 11A, 11B, and 11C thereof (50 U.S.C. 4611, 4612, 4613). The International Emergency Economic Powers Act, referred to in subsecs. (a)(2)(F) and (c)(1)(I), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. Section 2332a(b) of title 18, referred to in subsec. (c)(1)(B), does not define the term ‘‘weapon of mass de- struction’’. However, that term is defined elsewhere in that section. The Trading with the Enemy Act, referred to in sub- sec. (c)(1)(J), is act Oct. 6, 1917, ch. 106, 40 Stat. 411,