19 U.S.C. § 1586 — Unlawful unlading or transshipment

Page 273 TITLE 19—CUSTOMS DUTIES § 1586 common carrier in meeting the standards under sec- tions 1584(a)(2) and 1594(c) of this title for the exercise of the highest degree of care and diligence to know whether controlled substances imported into the United States are on board the common carrier and, within 6 months after Nov. 18, 1988, to issue controlled substances regulations for a 2-year demonstration pro- gram to establish procedures for air carrier develop- ment and Customs Service approval of foreign and do- mestic security and inspection practices by permitting air carriers to request the Secretary of the Treasury to permit air carriers, the Customs Service, or an ap- proved agent of the Customs Service to inspect at United States airports of entry, and aircraft arriving from foreign locations. § 1585. Repealed. Pub. L. 103–182, title VI, § 690(b)(10), Dec. 8, 1993, 107 Stat. 2223 Section, acts June 17, 1930, ch. 497, title IV, § 585, 46 Stat. 749; Aug. 5, 1935, ch. 438, title III, § 303, 49 Stat. 527; Oct. 27, 1986, Pub. L. 99–570, title III, § 3113(b), 100 Stat. 3207–82, set forth penalties assessed when vessel or vehi- cle from foreign port or place departed or unloaded merchandise before making report or entry. § 1586. Unlawful unlading or transshipment (a) Penalty for unlading prior to grant of permis- sion The master of any vessel from a foreign port or place, or of a hovering vessel which has re- ceived or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) to be unladen from such vessel at any time after its arrival within the customs waters and before such vessel has come to the proper place for the discharge of such merchandise, and before he has received a per- mit to unlade, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and such vessel and its cargo and the merchandise so unladen shall be seized and forfeited. (b) Penalty for transshipment to any vessel for purpose of unlawful entry The master of any vessel from a foreign port or place, or of a hovering vessel which has re- ceived or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen from his vessel at any place upon the high seas adjacent to the cus- toms waters of the United States to be trans- shipped to or placed in or received on any vessel of any description, with knowledge, or under cir- cumstances indicating the purpose to render it possible, that such merchandise, or any part thereof, may be introduced, or attempted to be introduced, into the United States in violation of law, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and the vessel from which the merchan- dise is so unladen, and its cargo and such mer- chandise, shall be seized and forfeited. (c) Penalty for unlawful transshipment to any vessel of United States The master of any vessel from a foreign port or place, or of a hovering vessel which has re- ceived or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) destined to the United States, the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen, without permit to unlade, at any place upon the high seas adjacent to the customs wa- ters of the United States, to be transshipped to or placed in or received on any vessel of the United States or any other vessel which is owned by any person a citizen of, or domiciled in, the United States, or any corporation incor- porated in the United States, shall be liable to a penalty equal to twice the value of the mer- chandise but not less than $10,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited. (d) Liability of master of receiving vessel in un- lawful transshipment If any merchandise (including sea stores) un- laden in violation of the provisions of this sec- tion is transshipped to or placed in or received on any other vessel, the master of the vessel on which such merchandise is placed, and any per- son aiding or assisting therein, shall be liable to a penalty equal to twice the value of the mer- chandise, but not less than $10,000, and such ves- sel, and its cargo and such merchandise, shall be seized and forfeited. (e) Imprisonment of persons aiding in unlawful unlading or transshipment Whoever, at any place, if a citizen of the United States, or at any place in the United States or within customs waters, if a foreign na- tional, shall engage or aid or assist in any un- lading or transshipment of any merchandise in consequence of which any vessel becomes sub- ject to forfeiture under the provisions of this section shall, in addition to any other penalties provided by law, be liable to imprisonment for not more than 15 years. (f) Unlading or transshipment because of acci- dent, stress of weather, etc. Whenever any part of the cargo or stores of a vessel has been unladen or transshipped because of accident, stress of weather, or other neces- sity, the master of such vessel and the master of any vessel to which such cargo or stores has been transshipped shall, as soon as possible thereafter, notify the Customs Service at the district within which such unlading or trans- shipment has occurred, or the Customs Service at the district at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transshipment was made nec- essary by accident, stress of weather, or other unavoidable cause, and if the Customs Service is satisfied that the unlading or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incurred. (June 17, 1930, ch. 497, title IV, § 586, 46 Stat. 749; Aug. 5, 1935, ch. 438, title II, § 205, 49 Stat. 524; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 99–570, title III, § 3119, Oct. 27, 1986, 100 Stat. 3207–84; Pub. L. 103–182, title VI, § 620, Dec. 8, 1993, 107 Stat. 2180.) Page 274 TITLE 19—CUSTOMS DUTIES § 1587 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, §§ 586, 587, 42 Stat. 980, 981. These sections were superseded by sec- tion 586 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions somewhat similar to those in this section, but applicable only to vessels ‘‘bound to the United States’’ were contained in R.S. § 2867, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. Provisions substantially the same in effect as those contained in the act of 1922, § 587, except that the pen- alty was treble the value of the merchandise, and the provision for forfeiture applied only to the vessel was contained in R.S. § 2868, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1993—Subsecs. (a) to (c). Pub. L. 103–182, § 620(1), in- serted ‘‘, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea,’’ after ‘‘from a foreign port or place’’. Subsec. (f). Pub. L. 103–182, § 620(2), substituted ‘‘the Customs Service at the district’’ for ‘‘the appropriate customs officer of the district’’ and ‘‘the appropriate customs officer within the district’’ and ‘‘the Customs Service is satisfied’’ for ‘‘the appropriate customs offi- cer is satisfied’’. 1986—Subsecs. (a) to (d). Pub. L. 99–570, § 3119(1), sub- stituted ‘‘$10,000’’ for ‘‘$1,000’’ wherever appearing. Subsec. (e). Pub. L. 99–570, § 3119(2)(A), substituted ‘‘customs waters’’ for ‘‘one league of the coast of the United States’’. Pub. L. 99–570, § 3119(2)(B), which directed that ‘‘15 years’’ be substituted for ‘‘2 years’’ was executed by making the substitution for ‘‘two years’’ as the prob- able intent of Congress. 1970—Subsec. (f). Pub. L. 91–271 substituted references to appropriate customs officer for references to col- lector wherever appearing. 1935—Act Aug. 5, 1935, redesignated existing provi- sions as subsecs. (a) and (f) and added subsecs. (b) to (e). Statutory Notes and Related Subsidiaries 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. § 1587. Examination of hovering vessels (a) Boarding and examination Any hovering vessel, or any vessel which fails (except for unavoidable cause), at any place within the customs waters or within a customs- enforcement area established under the Anti- Smuggling Act [19 U.S.C. 1701 et seq.], to display lights as required by law, or which has become subject to pursuit as provided in section 1581 of this title, or which, being a foreign vessel to which subsection (h) of section 1581 of this title applies, is permitted by special arrangement with a foreign government to be so examined without the customs waters of the United States, may at any time be boarded and exam- ined by any officer of the customs, and the pro- visions of said section 1581 shall apply thereto, as well without as within his district, and in ex- amining the same, any such officer may also ex- amine the master upon oath respecting the cargo and voyage of the vessel, and may also bring the vessel into the most convenient port of the United States to examine the cargo, and if the master of said vessel refuses to comply with the lawful directions of such officer or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage, he shall be liable to a penalty of not more than $5,000 nor less than $500. If, upon the examina- tion of any such vessel or its cargo by any offi- cer of the customs, any dutiable merchandise destined to the United States is found, or dis- covered to have been, on board thereof, the ves- sel and its cargo shall be seized and forfeited. It shall be presumed that any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or which con- sists of any spirits, wines, or other alcoholic liq- uors, so found, or discovered to have been, on board thereof, is destined to the United States. (b) Unexplained lightness of vessel or discharge of cargo If any vessel laden with cargo be found at any place in the United States or within the customs waters or within a customs-enforcement area es- tablished under the Anti-Smuggling Act [19 U.S.C. 1701 et seq.] and such vessel afterwards is found light or in ballast or having discharged its cargo or any part thereof, and the master is un- able to give a due account of the port or place at which the cargo, or any part thereof, con- sisting of any merchandise the importation of which into the United States is prohibited or any spirits, wines, or other alcoholic liquors, was lawfully discharged, the vessel shall be seized and forfeited. (c) Vessel bona fide bound from one foreign port to another foreign port Nothing contained in this section shall be con- strued to render any vessel liable to forfeiture which is bona fide bound from one foreign port to another foreign port, and which is pursuing her course, wind and weather permitting. (June 17, 1930, ch. 497, title IV, § 587, 46 Stat. 749; Aug. 5, 1935, ch. 438, title II, § 206, 49 Stat. 525.) Editorial Notes REFERENCES IN TEXT The Anti-Smuggling Act, referred to in subsecs. (a) and (b), 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 section 1711 of this title and Tables. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 588, 42