19 U.S.C. § 1628 — Exchange of information

Page 312 TITLE 19—CUSTOMS DUTIES § 1628 1 So in original. Probably should be ‘‘(3)’’. lading if the vehicle is to be transported by ves- sel or aircraft, or before export if the vehicle is to be transported by rail, highway, or under its own power. Failure to comply with the regula- tions of the Secretary shall subject such person to a civil penalty of not more than $500 for each violation. (c) Definitions For purposes of this section— (1) the term ‘‘self-propelled vehicle’’ includes any automobile, truck, tractor, bus, motor- cycle, motor home, self-propelled agricultural machinery, self-propelled construction equip- ment, self-propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not on rail; (2) the term ‘‘aircraft’’ has the meaning given it in section 40102(a)(6) of title 49; (3) the term ‘‘used’’ refers to any self-pro- pelled vehicle the equitable or legal title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate pur- chaser; and (4) the term ‘‘ultimate purchaser’’ means the first person, other than a dealer purchasing in his capacity as a dealer, who in good faith pur- chases a self-propelled vehicle for purposes other than resale. (d) Cooperation of law enforcement and govern- mental authorities Customs officers may cooperate and exchange information concerning motor vehicles, off- highway mobile equipment, vessels, or aircraft, either before exportation or after exportation or importation, with such Federal, State, local, and foreign law enforcement or governmental authorities, and with such organizations en- gaged in theft prevention activities, as may be designated by the Secretary. (June 17, 1930, ch. 497, title IV, § 627, as added Pub. L. 98–573, title II, § 205, Oct. 30, 1984, 98 Stat. 2974.) Editorial Notes CODIFICATION In subsec. (c)(2), ‘‘section 40102(a)(6) of title 49’’ sub- stituted for ‘‘section 101(5) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(5))’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first sec- tion of which enacted subtitles II, III, and V to X of Title 49, Transportation. Another section 627 of act June 17, 1930, as added by Pub. L. 98–547, title III, § 302, Oct. 25, 1984, 98 Stat. 2771, was classified to section 1627 of this title and subse- quently repealed. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98–573, set out as an Effec- tive Date of 1984 Amendment note under section 1304 of this title. § 1628. Exchange of information (a) In general The Secretary may by regulation authorize customs officers to exchange information or documents with foreign customs and law en- forcement agencies if the Secretary reasonably believes the exchange of information is nec- essary to— (1) insure compliance with any law or regu- lation enforced or administered by the Cus- toms Service; (2) administer or enforce multilateral or bi- lateral agreements to which the United States is a party; (3) assist in investigative, judicial and quasi- judicial proceedings in the United States; and (4) an action comparable to any of those de- scribed in paragraphs (1) through (4) 1 under- taken by a foreign customs or law enforce- ment agency, or in relation to a proceeding in a foreign country. (b) Nondisclosure and uses of information pro- vided (1) Information may be provided to foreign customs and law enforcement agencies under subsection (a) only if the Secretary obtains as- surances from such agencies that such informa- tion will be held in confidence and used only for the law enforcement purposes for which such in- formation is provided to such agencies by the Secretary. (2) No information may be provided under sub- section (a) to any foreign customs or law en- forcement agency that has violated any assur- ances described in paragraph (1). (c) Government agency of USMCA country (1) In general The Secretary may authorize U.S. Customs and Border Protection to exchange informa- tion with any government agency of a USMCA country, if the Secretary— (A) reasonably believes the exchange of in- formation is necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; and (B) obtains assurances from such agency that the information will be held in con- fidence and used only for governmental pur- poses. (2) Definitions In this subsection, the terms ‘‘USMCA’’ and ‘‘USMCA country’’ have the meanings given those terms in section 4502 of this title. (June 17, 1930, ch. 497, title IV, § 628, as added Pub. L. 99–570, title III, § 3127, Oct. 27, 1986, 100 Stat. 3207–89; amended Pub. L. 103–182, title II, § 209, Dec. 8, 1993, 107 Stat. 2098; Pub. L. 116–113, title II, § 209(c), Jan. 29, 2020, 134 Stat. 52.) Editorial Notes AMENDMENTS 2020—Subsec. (c). Pub. L. 116–113 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: ‘‘The Secretary may authorize the Cus- toms Service to exchange information with any govern- ment agency of a NAFTA country, as defined in section 3301(4) of this title, if the Secretary— ‘‘(1) reasonably believes the exchange of informa- tion is necessary to implement chapter 3, 4, or 5 of the North American Free Trade Agreement, and ‘‘(2) obtains assurances from such country that the information will be held in confidence and used only for governmental purposes.’’ Page 313 TITLE 19—CUSTOMS DUTIES § 1629 1993—Subsec. (c). Pub. L. 103–182 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT; RETENTION OF AUTHORITY TO EXCHANGE INFORMATION Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after that date, see section 209(d) of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1304 of this title. Pub. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat. 53, provided that: ‘‘Notwithstanding the amendment made by subsection (c) [amending this section], the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 [19 U.S.C. 1628(c)] (as in effect on the day before the date on which the USMCA enters into force [July 1, 2020]) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3301] (as in effect on the day before the date on which the USMCA enters into force)).’’ [For definition of ‘‘USMCA’’ as used in section 209(e) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 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. § 1628a. Exchange of information related to trade enforcement (a) In general Subject to subsections (c) and (d), if the Com- missioner of U.S. Customs and Border Protec- tion suspects that merchandise is being im- ported into the United States in violation of sec- tion 1526 of this title or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the ex- amination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the mer- chandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing— (1) shall provide to the person information that appears on the merchandise and its pack- aging and labels, including unredacted images of the merchandise and its packaging and la- bels; and (2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise. (b) Person described A person described in this subsection is— (1) in the case of merchandise suspected of being imported in violation of section 1526 of this title, the owner of the trademark sus- pected of being copied or simulated by the merchandise; (2) in the case of merchandise suspected of being imported in violation of section 602 of title 17, the owner of the copyright suspected of being infringed by the merchandise; (3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being im- ported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and (4) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being im- ported in violation of section 1201(b)(1) of that title, the owner of the copyright. (c) Limitation Subsection (a) applies only with respect to merchandise suspected of infringing a trade- mark or copyright that is recorded with U.S. Customs and Border Protection. (d) Exception The Commissioner may not provide under sub- section (a) information, photographs, or samples to a person described in subsection (b) if pro- viding such information, photographs, or sam- ples would compromise an ongoing law enforce- ment investigation or national security. (June 17, 1930, ch. 497, title IV, § 628A, as added Pub. L. 114–125, title III, § 302(a), Feb. 24, 2016, 130 Stat. 149.) § 1629. Inspections and preclearance in foreign countries (a) In general When authorized by treaty or executive agree- ment, the Secretary may station customs offi- cers in foreign countries for the purpose of ex- amining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States. (b) Functions and duties Customs officers stationed in a foreign coun- try under subsection (a) may exercise such func- tions and perform such duties (including inspec- tions, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. (c) Compliance The Secretary may by regulation require com- pliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the impor- tation or exportation of merchandise, filing of false statements, and the unlawful removal of