19 U.S.C. § 1643 — Application of customs reorganization act

Page 322 TITLE 19—CUSTOMS DUTIES § 1642 § 1642. Omitted Editorial Notes CODIFICATION In compliance with a request from the President on July 2, 1932, the survey authorized by this section, act June 17, 1930, ch. 497, title IV, § 642, 46 Stat. 760, was made and submitted to the President on February 28, 1933. See Tariff Commission Reports, No. 70, Second Se- ries. § 1643. Application of customs reorganization act The rights, privileges, powers, and duties vest- ed in or imposed upon the Secretary of the Treasury by this chapter shall be subject to the provisions of subdivision (a) of section 2073 of this title. (June 17, 1930, ch. 497, title IV, § 643, 46 Stat. 761.) Editorial Notes REFERENCES IN TEXT Subdivision (a) of section 2073 of this title, referred to in text, was repealed by act Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229. § 1644. Application of the Federal Aviation Act and section 1518(d) of title 33 (a) The authority vested by section 1644a(b)(1) of this title in the Secretary of the Treasury, by regulation to provide for the application to civil air navigation of the laws and regulations relat- ing to the administration of customs, and of the laws and regulations relating to the entry and clearance of vessels, shall extend to the applica- tion in like manner of any of the provisions of this chapter, or of the Anti-Smuggling Act of 1935 [19 U.S.C. 1701 et seq.], or of any regulations promulgated hereunder. (b) For purposes of section 1518(d) of title 33, the term ‘‘customs laws administered by the Secretary of the Treasury’’ shall mean this chapter and any other provisions of law classi- fied to this title. (June 17, 1930, ch. 497, title IV, § 644, 46 Stat. 761; Pub. L. 96–467, § 21(2), (3), Oct. 17, 1980, 94 Stat. 2228; Pub. L. 98–473, title II, § 322, Oct. 12, 1984, 98 Stat. 2056.) Editorial Notes REFERENCES IN TEXT The Anti-Smuggling Act of 1935, referred to in subsec. (a), probably means the Anti-Smuggling Act which is act Aug. 5, 1935, ch. 438, 49 Stat. 517, as amended, which is classified principally to chapter 5 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see section 1711 of this title and Tables. CODIFICATION In subsec. (a), ‘‘section 1644a(b)(1) of this title’’ sub- stituted for ‘‘section 1109 of the Federal Aviation Act of 1958 (49 U.S.C. 1509)’’ on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–473 substituted reference to section 1509 of title 49, Appendix, for reference to section 177 of former title 49, struck out reference to the Commissioner of Customs, and inserted reference to the Anti-Smuggling Act of 1935. Subsec. (b). Pub. L. 98–473 reenacted subsec. (b) with- out change. 1980—Pub. L. 96–467 designated existing provisions as subsec. (a) and added subsec. (b). § 1644a. Ports of entry (a) Definitions The definitions in section 40102(a) of title 49 apply to this section. (b) Secretary of the Treasury (1) The Secretary of the Treasury may— (A) designate ports of entry in the United States for civil aircraft arriving in the United States from a place outside the United States and property transported on that aircraft; (B) detail to ports of entry officers and em- ployees of the United States Customs Service the Secretary considers necessary; (C) give an officer or employee of the United States Government stationed at a port of entry (with the consent of the head of the de- partment, agency, or instrumentality of the Government with jurisdiction over the officer or employee) duties and powers of officers or employees of the Customs Service; (D) by regulation, apply to civil air naviga- tion the laws and regulations on carrying out the customs laws, to the extent and under con- ditions the Secretary considers necessary; and (E) by regulation, apply to civil aircraft the laws and regulations on entry and clearance of vessels, to the extent and under conditions the Secretary considers necessary. (2) A person violating a customs regulation prescribed under paragraph (1)(A)–(D) of this subsection or a public health or customs law or regulation made applicable to aircraft by a regu- lation under paragraph (1)(A)–(D) is liable to the Government for a civil penalty of $5,000 for each violation. An aircraft involved in the violation may be seized and forfeited under the customs laws. The Secretary of the Treasury may remit or mitigate a penalty and forfeiture under this paragraph. (3) A person violating a regulation made appli- cable under paragraph (1)(E) of this subsection or an immigration regulation prescribed under paragraph (1)(E) is liable to the Government for a civil penalty of $5,000 for each violation. The Secretary of the Treasury or the Attorney Gen- eral may remit or mitigate a penalty under this paragraph. (4) In addition to any other penalty, when a controlled substance described in section 1584 of this title is found on, or to have been unloaded from, an aircraft to which this subsection ap- plies, the owner of, or individual commanding, the aircraft is liable to the Government for the penalties provided in section 1584 of this title for each violation unless the owner or individual, by a preponderance of the evidence, demonstrates that the owner or individual did not know, and by exercising the highest degree of care and dili- gence, could not have known, that a controlled substance was on the aircraft. (5) If a violation under this subsection is by the owner or operator of, or individual com- manding, the aircraft, the aircraft is subject to a lien for the penalty.