19 U.S.C. § 1703 — Seizure and forfeiture of vessels

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 Repealed.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