18 U.S.C. § 965 — Verified statements as prerequisite to ves-

Page 275 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 965 Section consolidates said sections of title 18, U.S.C., 1940 ed. Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction’’ etc., in view of the defini- tion of United States in section 5 of this title. 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(l) 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. § 964. Delivering armed vessel to belligerent na- tion (a) During a war in which the United States is a neutral nation, it shall be unlawful to send out of the United States any vessel built, armed, or equipped as a vessel of war, or converted from a private vessel into a vessel of war, with any in- tent or under any agreement or contract that such vessel will be delivered to a belligerent na- tion, or to an agent, officer, or citizen of such nation, or with reasonable cause to believe that the said vessel will be employed in the service of any such belligerent nation after its departure from the jurisdiction of the United States. (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., §§ 33, 36 (June 15, 1917, ch. 30, title V, §§ 3, 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. Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction’’ etc., in view of the defini- tion of United States in section 5 of this title. 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. 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’’. § 965. Verified statements as prerequisite to ves- sel’s departure (a) During a war in which the United States is a neutral nation, every master or person having charge or command of any vessel, domestic or foreign, whether requiring clearance or not, be- fore departure of such vessel from port shall, in addition to the facts required by section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) and section 60105 of title 46, to be set out in the masters’ and shippers’ manifests before clearance will be issued to vessels bound to foreign ports, deliver to the Customs Service a statement, duly verified by oath, that the cargo or any part of the cargo is or is not to be delivered to other vessels in port or to be transshipped on the high seas, and, if it is to be so delivered or trans- shipped, stating the kind and quantities and the value of the total quantity of each kind of arti- cle so to be delivered or transshipped, and the name of the person, corporation, vessel, or gov- ernment to whom the delivery or transshipment is to be made; and the owners, shippers, or con- signors of the cargo of such vessel shall in the same manner and under the same conditions de- liver to the Customs Service like statements under oath as to the cargo or the parts thereof laden or shipped by them, respectively. (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. The Secretary of the Treasury is authorized to promulgate regulations upon compliance with which vessels engaged in the coastwise trade or fisheries or used solely for pleasure may be re- lieved from complying with this section. (June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103–182, title VI, § 687, Dec. 8, 1993, 107 Stat. 2221; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–304, § 17(d)(5), Oct. 6, 2006, 120 Stat. 1707.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., §§ 34, 36 (June 15, 1917, ch. 30, title V, §§ 4, 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. Words ‘‘within the United States’’ were substituted for ‘‘within the jurisdiction’’ etc., in view of the defini- tion of United States in section 5 of this title. Mandatory punishment provision was rephrased in the alternative. Words in subsection (a), referring to title 46, sections 91, 92, and 94, ‘‘each of which sections is hereby de- clared to be and is continued in full force and effect,’’ were omitted as surplusage. 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. The final paragraph of the revised section was added on advice of the Treasury Department, to conform with administrative practice and because of the unnecessary burden upon domestic commerce had the provisions of this section been enforced against coastwise, fishing, and pleasure vessels. Minor changes of phraseology were made. 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-