18 U.S.C. § 967 — Departure of vessel forbidden in aid of

Page 276 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 966 Editorial Notes AMENDMENTS 2006—Subsec. (a). Pub. L. 109–304 substituted ‘‘section 60105 of title 46’’ for ‘‘section 4197 of the Revised Stat- utes of the United States (46 U.S.C. App. 91)’’. 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1993—Subsec. (a). Pub. L. 103–182 substituted ‘‘section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) and section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91),’’ for ‘‘sections 91, 92, and 94 of Title 46’’, ‘‘deliver to the Customs Service’’ for ‘‘deliver to the collector of customs for the district wherein such ves- sel is then located’’, and ‘‘the Customs Service like’’ for ‘‘the collector like’’. Statutory Notes and Related Subsidiaries 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. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950. eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 966. Departure of vessel forbidden for false statements (a) Whenever it appears that the vessel is not entitled to clearance or whenever there is rea- sonable cause to believe that the additional statements under oath required in section 965 of this title are false, the collector of customs for the district in which the vessel is located may, subject to review by the head of the department or agency charged with the administration of laws relating to clearance of vessels, refuse clearance to any vessel, domestic or foreign, and by formal notice served upon the owners, mas- ter, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, forbid the departure of the ves- sel from the port or from the United States. It shall thereupon be unlawful for the vessel to de- part. (b) Whoever, in violation of this section, takes or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be fined under this title or impris- oned not more than ten years, or both. In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be for- feited to the United States. (June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 35, 36 (June 15, 1917, ch. 30, title V, §§ 5, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72, § 5, 54 Stat. 79). Section consolidates said sections of title 18, U.S.C., 1940 ed. Mandatory punishment provision was rephrased in the alternative. The phrase ‘‘by the head of the department or agency charged with the administration of laws relating to clearance of vessels,’’ was substituted for ‘‘by the Sec- retary of Commerce’’ in view of Executive Order No. 9083 (F.R. 1609) transferring functions to the Commis- sioner of Customs. The conspiracy provision of said section 36 was omit- ted as covered by section 371 of this title. See reviser’s note under that section. Minor changes of phraseology were made. Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Executive Documents TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of cus- toms, surveyor of customs, and appraiser of merchan- dise in Bureau of Customs of Department of the Treas- ury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than Dec. 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appen- dix to Title 5, Government Organization and Employ- ees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. § 967. Departure of vessel forbidden in aid of neutrality (a) During a war in which the United States is a neutral nation, the President, or any person authorized by him, may withhold clearance from or to any vessel, domestic or foreign, or, by service of formal notice upon the owner, master, or person in command or in charge of any do- mestic vessel not required to secure clearances, may forbid its departure from port or from the United States, whenever there is reasonable cause to believe that such vessel is about to carry fuel, arms, ammunition, men, supplies, dispatches, or information to any warship, ten- der, or supply ship of a foreign belligerent na- tion in violation of the laws, treaties, or obliga- tions of the United States under the law of na- tions. It shall thereupon be unlawful for such vessel to depart. (b) Whoever, in violation of this section, takes or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be fined under this title or impris- Page 277 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 981 oned not more than ten years, or both. In addi- tion, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States. (June 25, 1948, ch. 645, 62 Stat. 748; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 31, 36 (June 15, 1917, ch. 30, title V, §§ 1, 6, 40 Stat. 221, 222; Mar. 28, 1940, ch. 72, § 5, 54 Stat. 79). Section consolidates said sections of title 18, U.S.C., 1940 ed., with minor changes in translations and phrase- ology. Mandatory punishment provision was rephrased in the alternative. The conspiracy provision of said section 36 was omit- ted as covered by section 371 of this title. See reviser’s note under that section. Changes in phraseology were also made. Editorial Notes AMENDMENTS 1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of Homeland Security of authority vested in President by this section, see sec- tion 1(m) of Ex. Ord. No. 10637, Sept. 16, 1955, 20 F.R. 7025, as amended, set out as a note under section 301 of Title 3, The President. [§ 968. Repealed. Aug. 26, 1954, ch. 937, title V, § 542(a)(14), 68 Stat. 861] Section, act June 25, 1948, ch. 645, 62 Stat. 748, related to exportation of war materials to certain countries. See section 1934 of Title 22, Foreign Relations and Intercourse. [§ 969. Repealed. Pub. L. 101–647, title XII, § 1207(a), Nov. 29, 1990, 104 Stat. 4832] Section, act June 25, 1948, ch. 645, 62 Stat. 748, related to penalties for exporting arms, liquor, and narcotics to Pacific Islands. § 970. Protection of property occupied by foreign governments (a) Whoever willfully injures, damages, or de- stroys, or attempts to injure, damage, or de- stroy, any property, real or personal, located within the United States and belonging to or utilized or occupied by any foreign government or international organization, by a foreign offi- cial or official guest, shall be fined under this title, or imprisoned not more than five years, or both. (b) Whoever, willfully with intent to intimi- date, coerce, threaten, or harass— (1) forcibly thrusts any part of himself or any object within or upon that portion of any building or premises located within the United States, which portion is used or occupied for official business or for diplomatic, consular, or residential purposes by— (A) a foreign government, including such use as a mission to an international organi- zation; (B) an international organization; (C) a foreign official; or (D) an official guest; or (2) refuses to depart from such portion of such building or premises after a request— (A) by an employee of a foreign govern- ment or of an international organization, if such employee is authorized to make such request by the senior official of the unit of such government or organization which oc- cupies such portion of such building or premises; (B) by a foreign official or any member of the foreign official’s staff who is authorized by the foreign official to make such request; (C) by an official guest or any member of the official guest’s staff who is authorized by the official guest to make such request; or (D) by any person present having law en- forcement powers; shall be fined under this title or imprisoned not more than six months, or both. (c) For the purpose of this section ‘‘foreign government’’, ‘‘foreign official’’, ‘‘international organization’’, and ‘‘official guest’’ shall have the same meanings as those provided in section 1116(b) of this title. (Added Pub. L. 92–539, title IV, § 401, Oct. 24, 1972, 86 Stat. 1073; amended Pub. L. 94–467, § 7, Oct. 8, 1976, 90 Stat. 2000; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 104–294, title VI, § 601(a)(2), Oct. 11, 1996, 110 Stat. 3498.) Editorial Notes AMENDMENTS 1996—Subsec. (b). Pub. L. 104–294 substituted ‘‘fined under this title’’ for ‘‘fined not more than $500’’ in con- cluding provisions. 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $10,000’’. 1976—Subsecs. (b), (c). Pub. L. 94–467 added subsec. (b), redesignated former subsec. (b) as (c), and struck out reference to section 1116(c) of this title. CHAPTER 46—FORFEITURE Sec. 981. Civil forfeiture. 982. Criminal forfeiture. 983. General rules for civil forfeiture proceedings. 984. Civil forfeiture of fungible property. 985. Civil forfeiture of real property. 986. Subpoenas for bank records. 987. Anti-terrorist forfeiture protection. Editorial Notes AMENDMENTS 2006—Pub. L. 109–177, title IV, § 406(b)(1)(A), Mar. 9, 2006, 120 Stat. 244, added item 987. 2000—Pub. L. 106–185, §§ 2(b), 7(b), Apr. 25, 2000, 114 Stat. 210, 215, added items 983 and 985. 1992—Pub. L. 102–550, title XV, §§ 1522(b), 1523(b), Oct. 28, 1992, 106 Stat. 4063, 4064, added items 984 and 986. 1988—Pub. L. 100–690, title VII, § 7069, Nov. 18, 1988, 102 Stat. 4405, substituted ‘‘forfeiture’’ for ‘‘Forfeiture’’ in items 981 and 982. § 981. Civil forfeiture (a)(1) The following property is subject to for- feiture to the United States: