19 U.S.C. § 1590 — Aviation smuggling

Page 275 TITLE 19—CUSTOMS DUTIES § 1590 Stat. 981. That section was superseded by section 588 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions substantially the same as those in this section, except that they applied only to ports on the northern, northeastern and northwestern frontiers, were contained in R.S. § 3110, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. AMENDMENTS 1937—Act Aug. 5, 1935, amended section generally. § 1588. Transportation between American ports via foreign ports If any merchandise is laden at any port or place in the United States upon any vessel be- longing wholly or in part to a subject of a for- eign country, and is taken thence to a foreign port or place to be reladen and reshipped to any other port in the United States, either by the same or by another vessel, foreign or American, with intent to evade the provisions relating to the transportation of merchandise from one port or place of the United States to another port or place of the United States in a vessel belonging wholly or in part to a subject of any foreign power, the merchandise shall, on its arrival at such last-named port or place, be seized and for- feited to the United States, and the vessel shall pay a tonnage duty of 50 cents per net ton. (June 17, 1930, ch. 497, title IV, § 588, 46 Stat. 749.) § 1589. Repealed. Pub. L. 100–690, title VII, § 7367(c)(5), Nov. 18, 1988, 102 Stat. 4480 Section, act June 17, 1930, ch. 497, title IV, § 589, as added Oct. 12, 1984, Pub. L. 98–473, title II, § 320, 98 Stat. 2056, set forth arrest authority of customs officers. Editorial Notes CODIFICATION Another section 589 of act June 17, 1930, was added by Pub. L. 98–573, title II, § 213(a)(17), Oct. 30, 1984, 98 Stat. 2988, and is classified to section 1589a of this title. A prior section 589 of act June 17, 1930, ch. 497, title IV, 46 Stat. 750, related to unlawful relanding and was classified to this section, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See sec- tion 544 of Title 18, Crimes and Criminal Procedure. § 1589a. Enforcement authority of customs offi- cers Subject to the direction of the Secretary of the Treasury, an officer of the customs may— (1) carry a firearm; (2) execute and serve any order, warrant, subpena, summons, or other process issued under the authority of the United States; (3) make an arrest without a warrant for any offense against the United States committed in the officer’s presence or for a felony, cog- nizable under the laws of the United States committed outside the officer’s presence if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing a felony; and (4) perform any other law enforcement duty that the Secretary of the Treasury may des- ignate. (June 17, 1930, ch. 497, title IV, § 589, as added Pub. L. 98–573, title II, § 213(a)(17), Oct. 30, 1984, 98 Stat. 2988.) Editorial Notes CODIFICATION Another section 589 of act June 17, 1930, as added by Pub. L. 98–473, title II, § 320, Oct. 12, 1984, 98 Stat. 2056, was classified to section 1589 of this title, prior to re- peal by Pub. L. 100–690. PRIOR PROVISIONS A prior section 589 of act June 17, 1930, ch. 497, title IV, 46 Stat. 750, related to unlawful relanding and was classified to this section, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See sec- tion 544 of Title 18, Crimes and Criminal Procedure. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1304 of this title. § 1590. Aviation smuggling (a) In general It is unlawful for the pilot of any aircraft to transport, or for any individual on board any aircraft to possess, merchandise knowing, or in- tending, that the merchandise will be intro- duced into the United States contrary to law. (b) Sea transfers It is unlawful for any person to transfer mer- chandise between an aircraft and a vessel on the high seas or in the customs waters of the United States if such person has not been authorized by the Secretary to make such transfer and— (1) either— (A) the aircraft is owned by a citizen of the United States or is registered in the United States, or (B) the vessel is a vessel of the United States (within the meaning of section 1703(b) of this title), or (2) regardless of the nationality of the vessel or aircraft, such transfer is made under cir- cumstances indicating the intent to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully. (c) Civil penalties Any person who violates any provision of this section is liable for a civil penalty equal to twice the value of the merchandise involved in the violation, but not less than $10,000. The value of any controlled substance included in the merchandise shall be determined in accord- ance with section 1497(b) of this title. (d) Criminal penalties In addition to being liable for a civil penalty under subsection (c), any person who inten- tionally commits, or attempts or conspires to commit, a violation of any provision of this sec- tion is, upon conviction— (1) liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both, if none of the merchandise involved was a controlled substance; or (2) liable for a fine of not more than $250,000 or imprisonment for not more than 20 years, or both, if any of the merchandise involved was a controlled substance. Page 276 TITLE 19—CUSTOMS DUTIES § 1591 (e) Seizure and forfeiture (1) Except as provided in paragraph (2), a ves- sel or aircraft used in connection with, or in aid- ing or facilitating, any violation of this section, whether or not any person is charged in connec- tion with such violation, may be seized and for- feited in accordance with the customs laws. (2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. (f) ‘‘Merchandise’’ defined As used in this section, the term ‘‘merchan- dise’’ means only merchandise the importation of which into the United States is prohibited or restricted. (g) Definition of aircraft In this section, the term ‘‘aircraft’’— (1) has the meaning given that term in sec- tion 40102 of title 49; and (2) includes a vehicle described in section 103.1 of title 14, Code of Federal Regulations. (h) Intent of transfer of merchandise For purposes of imposing civil penalties under this section, any of the following acts, when per- formed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of mer- chandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be in- troduced into the United States unlawfully, and for purposes of subsection (e) or section 1595a of this title, shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: (1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. (2) The presence on an aircraft of an auxil- iary fuel tank which is not installed in accord- ance with applicable law. (3) The failure to identify correctly— (A) the vessel by name or country of reg- istration, or (B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. (4) The external display of false registration numbers, false country of registration, or, in the case of a vessel, false vessel name. (5) The presence on board of unmanifested merchandise, the importation of which is pro- hibited or restricted. (6) The presence on board of controlled sub- stances which are not manifested or which are not accompanied by the permits or licenses re- quired under Single Convention on Narcotic Drugs or other international treaty. (7) The presence of any compartment or equipment which is built or fitted out for smuggling. (8) The failure of a vessel to stop when hailed by a customs officer or other govern- ment authority. (June 17, 1930, ch. 497, title IV, § 590, as added Pub. L. 99–570, title III, § 3120, Oct. 27, 1986, 100 Stat. 3207–84; amended Pub. L. 112–93, § 2(a), (b), Feb. 10, 2012, 126 Stat. 8.) Editorial Notes PRIOR PROVISIONS A prior section 1590, act June 17, 1930, ch. 497, title IV, § 590, 46 Stat. 750, related to false drawback claims, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 550 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2012—Subsec. (d). Pub. L. 112–93, § 2(b), inserted ‘‘, or attempts or conspires to commit,’’ after ‘‘commits’’ in introductory provisions. Subsecs. (g), (h). Pub. L. 112–93, § 2(a), added subsec. (g) and redesignated former subsec. (g) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–93, § 2(c), Feb. 10, 2012, 126 Stat. 8, provided that: ‘‘The amendments made by this section [amend- ing this section] apply with respect to violations of any provision of section 590 of the Tariff Act of 1930 [19 U.S.C. 1590] on or after the 30th day after the date of the enactment of this Act [Feb. 10, 2012].’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 1591. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, acts June 17, 1930, ch. 497, title IV, § 591, 46 Stat. 750; Aug. 5, 1935, ch. 438, title III, § 304(a), 49 Stat. 527, related to fraud and personal penalties. See section 542 of Title 18, Crimes and Criminal Procedure. § 1592. Penalties for fraud, gross negligence, and negligence (a) Prohibition (1) General rule Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence— (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of— (i) any document or electronically trans- mitted data or information, written or oral statement, or act which is material and false, or (ii) any omission which is material, or (B) may aid or abet any other person to violate subparagraph (A). (2) Exception Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic sys- tem of an initial clerical error does not con- stitute a pattern of negligent conduct. (b) Procedures (1) Pre-penalty notice (A) In general If the Customs Service has reasonable cause to believe that there has been a viola-