18 U.S.C. § 966 — Departure of vessel forbidden for false

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-