19 U.S.C. § 1701 — Customs-enforcement area

Page 433 TITLE 19—CUSTOMS DUTIES § 1701 1 So in original. Comma probably should not appear. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. § 1683g. Reports (a) Semiannual reports Not later than 180 days after the effective date of this subtitle, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report— (1) describing the reconciliations conducted under section 1683d of this title,1 and the verifications conducted under section 1683e of this title; (2) identifying the manner in which the United States importers subject to reconcili- ations conducted under section 1683d of this title and verifications conducted under section 1683e of this title were chosen; (3) identifying any penalties imposed under section 1683f of this title; (4) identifying any patterns of noncompli- ance with this subtitle; and (5) identifying any problems or obstacles en- countered in the implementation and enforce- ment of this subtitle. (b) Subsidies reports Not later than 180 days after June 18, 2008, and every 180 days thereafter, the Secretary of Com- merce shall provide to the appropriate congres- sional committees a report on any subsidies on softwood lumber or softwood lumber products, including stumpage subsidies, provided by coun- tries of export. (c) GAO reports The Comptroller General of the United States shall submit the following reports to the appro- priate congressional committees: (1) Not later than 18 months after June 18, 2008, a report on the effectiveness of the rec- onciliations conducted under section 1683d of this title,1 and verifications conducted under section 1683e of this title. (2) Not later than 12 months after June 18, 2008, a report on whether countries that export softwood lumber or softwood lumber products to the United States are complying with any international agreements entered into by those countries and the United States. (June 17, 1930, ch. 497, title VIII, § 809, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.) Editorial Notes REFERENCES IN TEXT For the effective date of this subtitle, referred to in subsec. (a), see section 3301(b) of Pub. L. 110–246, set out as an Effective Date note under section 1683 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. CHAPTER 5—SMUGGLING Sec. 1701. Customs-enforcement area. 1702. Repealed. 1703. Seizure and forfeiture of vessels. 1704. Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability. 1705. Destruction of forfeited vessel or vehicle. 1706. Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evi- dence of foreign origin of merchandise. 1706a. Civil penalties for trading without required certificate of documentation. 1707, 1708. Repealed. 1709. Definitions 1710. Separability. 1711. Citation of chapter. § 1701. Customs-enforcement area (a) Establishment; extent and duration; enforce- ment of laws applicable to waters adjacent to customs waters Whenever the President finds and declares that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that, by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful in- troduction or removal into or from the United States of any merchandise or person is being or may be occasioned, promoted, or threatened, the place or area so found and declared shall con- stitute a customs-enforcement area for the pur- poses of this Act. Only such waters on the high seas shall be within a customs-enforcement area as the President finds and declares are in such proximity to such vessel or vessels that such un- lawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels. No customs-enforcement area shall include any waters more than one hundred nautical miles from the place or imme- diate area where the President declares such vessel or vessels are hovering or are being kept and, notwithstanding the foregoing provision, shall not include any waters more than fifty nautical miles outwards from the outer limit of customs waters. Whenever the President finds that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such area as a customs-en- forcement area, he shall so declare, and there- after, and until a further finding and declaration is made under this subsection with respect to waters within such area, no waters within such area shall constitute a part of such customs-en- forcement area. The provisions of law applying to the high seas adjacent to customs waters of the United States shall be enforced in a cus- toms-enforcement area upon any vessel, mer- chandise, or person found therein. (b) Boarding vessels; arrest and seizure; compli- ance with treaty provisions; authority of Sec- retary of Commerce unaffected At any place within a customs-enforcement area the several officers of the customs may go on board of any vessel and examine the vessel and any merchandise or person on board, and 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