19 U.S.C. § 1581 — Boarding vessels

Page 267 TITLE 19—CUSTOMS DUTIES § 1581 Provisions somewhat similar to those in this section were contained in R.S. § 2981, as amended by act June 10, 1880, ch. 190, § 10, 21 Stat. 175, and act May 21, 1896, ch. 217, 29 Stat. 129, which also required notice to be given the party claiming the lien before delivery of the goods, and provided that possession by officers of the customs should not affect the discharge of the lien. That section was repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1984—Pub. L. 98–573 inserted provision making this section applicable to licensed customs brokers who oth- erwise possess a lien for the purposes stated above upon the merchandise under the statutes or common law, or by order of any court of competent jurisdiction, of any State. 1970—Pub. L. 91–271 substituted reference to customs officer for reference to collector of customs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective on close of 180th day following Oct. 30, 1984, see section 214(d) of Pub. L. 98–573, set out as a note under section 1304 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. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 1565. Cartage The cartage of merchandise entered for ware- house shall be done by— (1) cartmen appointed and licensed by the Customs Service; or (2) carriers designated under section 1551 of this title to carry bonded merchandise; who shall give bond, in a penal sum to be fixed by the Customs Service, for the protection of the Government against any loss of, or damage to, the merchandise while being so carted. The cartage of merchandise designated for examina- tion at the appraiser’s stores and of merchandise taken into custody by the customs officer as un- claimed shall be performed by such persons as may be designated, under contract or otherwise, by the Secretary of the Treasury, and under such regulations for the protection of the own- ers thereof and of the revenue as the Secretary of the Treasury shall prescribe. (June 17, 1930, ch. 497, title IV, § 565, 46 Stat. 747; Pub. L. 91–271, title III, § 301(x), June 2, 1970, 84 Stat. 290; Pub. L. 103–182, title VI, § 666, Dec. 8, 1993, 107 Stat. 2215.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 565, 42 Stat. 979. That section was superseded by section 565 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Act June 22, 1874, ch. 391, § 25, 18 Stat. 191, required cartage of merchandise in the custody of the govern- ment to be let to the lowest responsible bidder, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 643, 42 Stat. 989. AMENDMENTS 1993—Pub. L. 103–182 amended first sentence gen- erally. Prior to amendment, first sentence read as fol- lows: ‘‘The cartage of merchandise entered for ware- house shall be done by cartmen to be appointed and li- censed by the appropriate customs officer and who shall give a bond in a penal sum to be fixed by such cus- toms officer, for the protection of the Government against any loss of, or damage to, such merchandise while being so carted.’’ 1970—Pub. L. 91–271 substituted references to appro- priate customs officer of customs officer for references to collector of customs or collector wherever appear- ing. 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. PART V—ENFORCEMENT PROVISIONS § 1581. Boarding vessels (a) Customs officers Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs- enforcement area established under the Anti- Smuggling Act [19 U.S.C. 1701 et seq.], or at any other authorized place, without as well as with- in his district, and examine the manifest and other documents and papers and examine, in- spect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail and stop such vessel or vehicle, and use all necessary force to compel compliance. (b) Officers of Department of the Treasury Officers of the Department of the Treasury and other persons authorized by such depart- ment may go on board of any vessel at any place in the United States or within the customs wa- ters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue 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.)