19 U.S.C. § 1704 — Refusal or revocation of registry, enroll-

Page 434 TITLE 19—CUSTOMS DUTIES § 1702 1 So in original. bring the same into port, and, subject to regula- tions of the Secretary of the Treasury, it shall be their duty to pursue and seize or arrest and otherwise enforce upon such vessel, merchan- dise, or person, the provisions of law which are made effective thereto in pursuance of sub- section (a) in the same manner as such officers are or may be authorized or required to do in like case at any place in the United States by virtue of any law respecting the revenue: Pro- vided, That nothing contained in this section or in any other provision of law respecting the rev- enue shall be construed to authorize or to re- quire any officer of the United States to enforce any law thereof upon the high seas upon a for- eign vessel in contravention of any treaty with a foreign government enabling or permitting the authorities of the United States to board, exam- ine, search, seize, or otherwise to enforce upon such 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 govern- ment: Provided further, That none of the provi- sions of this Act shall be construed to relieve the Secretary of Commerce of any authority, re- sponsibility, or jurisdiction now vested in or im- posed on that officer. (Aug. 5, 1935, ch. 438, title I, § 1, 49 Stat. 517.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables. Executive Documents DELEGATION OF FUNCTIONS For delegation to Secretary of the Treasury of au- thority vested in President by this section, see Ex. Ord. No. 10289, § 1(b), Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President. § 1702. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, act Aug. 5, 1935, ch. 438, title I, § 2, 49 Stat. 518, related to smuggling into territory of a foreign government. See section 546 of Title 18, Crimes and Criminal Procedure. § 1703. Seizure and forfeiture of vessels (a) Vessels subject to seizure and forfeiture Whenever any vessel which shall have been built, purchased, fitted out in whole or in part, or held, in the United States or elsewhere, for the purpose of being employed to defraud the revenue or to smuggle any merchandise into the United States, or to smuggle any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs rev- enue, or whenever any vessel which shall be found, or discovered to have been employed, or attempted to be employed, within the United States for any such purpose, or in anywise in as- sistance thereof, or whenever any vessel of the United States which shall be found, or discov- ered to have been, employed, or attempted to be employed at any place, for any such purpose, or is anywise in assistance thereof, if not subse- quently forfeited to the United States or to a foreign government, is found at any place at which any such vessel may be examined by an officer of the customs in the enforcement of any law respecting the revenue, the said vessel and its cargo shall be seized and forfeited. (b) ‘‘Vessels of the United States’’ defined Every vessel which is documented, owned, or controlled in the United States, and every vessel of foreign registry which is, directly or indi- rectly, substantially owned or controlled by any citizen of, or corporation incorporated, owned, or controlled in, the United States, shall, for the purposes of this section, be deemed a vessel of the United States. (c) Acts constituting prima facie evidence vessel engaged in smuggling For the purposes of this section, the fact that a vessel has become subject to pursuit as pro- vided in section 1581 of this title, or is a hov- ering vessel, or that a vessel fails, at any place within the customs waters of the United States or within a customs-enforcement area, to dis- play lights as required by law, shall be prima facie evidence that such vessel is being, or has been, or is attempted to be employed to defraud the revenue of the United States. (Aug. 5, 1935, ch. 438, title I, § 3, 49 Stat. 518.) § 1704. Refusal or revocation of registry, enroll- ment, license or number on evidence that vessel engaging in smuggling; appeal; immu- nity from liability Subject to appeal to the Secretary of the Treasury and under such regulations as he may prescribe, when the Secretary of Transportation is shown upon evidence which he deems suffi- cient that such vessel is being, or is intended to be, employed to smuggle, transport, or other- wise assist in the unlawful introduction or im- portation into the United States of any mer- chandise or person, or to smuggle any merchan- dise into the territory of any foreign govern- ment in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the cus- toms revenue, or whenever, from the design or fittings of any vessel or the nature of any re- pairs made thereon, it is apparent to the Sec- retary of Transportation that such vessel has been built or adapted for the purpose of smug- gling merchandise, the the 1 Secretary of Trans- portation shall revoke any endorsement on the vessel’s certificate of documentation or number (when the Secretary is the authority issuing the number under chapter 123 of title 46) or refuse the same if application be made therefor, as the case may be. The Secretary of Transportation Page 435 TITLE 19—CUSTOMS DUTIES § 1706a and all persons acting by or under his direction shall be indemnified from any penalties or ac- tions for damages for carrying out the provi- sions of this section. (Aug. 5, 1935, ch. 438, title I, § 4, 49 Stat. 519; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 103–182, title VI, § 689(b), Dec. 8, 1993, 107 Stat. 2222.) Editorial Notes AMENDMENTS 1993—Pub. L. 103–182, § 689(b)(4), substituted ‘‘The Sec- retary of Transportation and all persons’’ for ‘‘Such collector and all persons’’. Pub. L. 103–182, § 689(b)(3), which directed the substi- tution of ‘‘the Secretary of Transportation shall revoke any endorsement on the vessel’s certificate of docu- mentation or number (when the Secretary is the au- thority issuing the number under chapter 123 of title 46)’’ for ‘‘said collector shall revoke the registry, en- rollment, license, or number of such vessel’’, was exe- cuted by making the substitution in text which read ‘‘said vessel’’ rather than ‘‘such vessel’’, to reflect the probable intent of Congress. Pub. L. 103–182, § 689(b)(1), (2), substituted ‘‘when the Secretary of Transportation’’ for ‘‘whenever the col- lector of customs of the district in which any vessel is, or is sought to be, registered, enrolled, licensed, or numbered,’’ and ‘‘is apparent to the Secretary of Trans- portation’’ for ‘‘is apparent to such collector’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS Coast Guard transferred to Department of Transpor- tation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by section 6(b)(1) of Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 938. Sec- tion 6(b)(2), however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See section 108 of Title 49, Transpor- tation. 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 December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treas- ury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26, of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Under the Plan, collectors of customs and Commandant of Coast Guard were officers of Depart- ment of the Treasury, but, in case of Coast Guard, and Commandant thereof, the Plan provided that, notwith- standing transfer of functions, Coast Guard should con- tinue to operate as a part of Navy, subject to orders of Secretary of the Navy, in time of war or when Presi- dent directed, as provided in former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard. ‘‘Secretary of the Treasury’’ substituted in text for ‘‘Secretary of Commerce’’ and functions under this sec- tion relating to the numbering of vessels vested in Commandant of Coast Guard instead of collectors of customs on authority of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5. § 1705. Destruction of forfeited vessel or vehicle Any vessel or vehicle forfeited to the United States, whether summarily or by a decree of any court, for violation of any law respecting the revenue, may, in the discretion of the Secretary of the Treasury, if he deems it necessary to pro- tect the revenue of the United States, be de- stroyed in lieu of the sale thereof under existing law. (Aug. 5, 1935, ch. 438, title I, § 5, 49 Stat. 519.) § 1706. Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise Except into the districts adjoining to the Do- minion of Canada, or into the districts adjacent to Mexico, no merchandise of foreign growth or manufacture subject to the payment of duties shall be brought into the United States from any foreign port or place, or from any hovering vessel, in any vessel of less than thirty net tons burden without special license granted by the Secretary of the Treasury under such conditions as he may prescribe, nor in any other manner than by sea, except by aircraft duly licensed in accordance with law, or landed or unladen at any other port than is directed by law, under the penalty of seizure and forfeiture of all such unli- censed vessels or aircraft and of the merchan- dise imported therein, landed or unladen in any manner. Marks, labels, brands, or stamps, indic- ative of foreign origin, upon or accompanying merchandise or containers of merchandise found upon any such vessel or aircraft, shall be prima facie evidence of the foreign origin of such mer- chandise. (Aug. 5, 1935, ch. 438, title I, § 6, 49 Stat. 519.) § 1706a. Civil penalties for trading without re- quired certificate of documentation Whenever a vessel, entitled to be documented and not so documented, is employed in a trade for which certificates of documentation are issued under the vessel documentation laws, other than a trade covered by a registry, the vessel is liable to a civil penalty of $500 for each port at which it arrives without the proper cer- tificate of documentation, and if it has on board any merchandise of foreign growth or manufac- ture (sea stores excepted), or any taxable domes- tic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, the vessel, together with its equipment and cargo, is liable to seizure and for- feiture. Marks, labels, brands, or stamps, indic- ative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evi- dence of the foreign origin of such merchandise. (June 19, 1886, ch. 421, § 7, 24 Stat. 81; Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529; Pub. L. 96–594, title I, § 126(e), Dec. 24, 1980, 94 Stat. 3459.)