19 U.S.C. § 1629 — Inspections and preclearance in foreign

Page 313 TITLE 19—CUSTOMS DUTIES § 1629 1993—Subsec. (c). Pub. L. 103–182 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT; RETENTION OF AUTHORITY TO EXCHANGE INFORMATION Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applica- ble with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after that date, see section 209(d) of Pub. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1304 of this title. Pub. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat. 53, provided that: ‘‘Notwithstanding the amendment made by subsection (c) [amending this section], the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 [19 U.S.C. 1628(c)] (as in effect on the day before the date on which the USMCA enters into force [July 1, 2020]) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3301] (as in effect on the day before the date on which the USMCA enters into force)).’’ [For definition of ‘‘USMCA’’ as used in section 209(e) of Pub. L. 116–113, set out above, see section 4502 of this title.] EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title. 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. § 1628a. Exchange of information related to trade enforcement (a) In general Subject to subsections (c) and (d), if the Com- missioner of U.S. Customs and Border Protec- tion suspects that merchandise is being im- ported into the United States in violation of sec- tion 1526 of this title or section 602, 1201(a)(2), or 1201(b)(1) of title 17 and determines that the ex- amination or testing of the merchandise by a person described in subsection (b) would assist the Commissioner in determining if the mer- chandise is being imported in violation of that section, the Commissioner, to permit the person to conduct the examination and testing— (1) shall provide to the person information that appears on the merchandise and its pack- aging and labels, including unredacted images of the merchandise and its packaging and la- bels; and (2) may, subject to any applicable bonding requirements, provide to the person unredacted samples of the merchandise. (b) Person described A person described in this subsection is— (1) in the case of merchandise suspected of being imported in violation of section 1526 of this title, the owner of the trademark sus- pected of being copied or simulated by the merchandise; (2) in the case of merchandise suspected of being imported in violation of section 602 of title 17, the owner of the copyright suspected of being infringed by the merchandise; (3) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to a work protected under that title, and being im- ported in violation of section 1201(a)(2) of that title, the owner of a copyright in the work; and (4) in the case of merchandise suspected of being primarily designed or produced for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of an owner of a copyright in a work or a portion of a work, and being im- ported in violation of section 1201(b)(1) of that title, the owner of the copyright. (c) Limitation Subsection (a) applies only with respect to merchandise suspected of infringing a trade- mark or copyright that is recorded with U.S. Customs and Border Protection. (d) Exception The Commissioner may not provide under sub- section (a) information, photographs, or samples to a person described in subsection (b) if pro- viding such information, photographs, or sam- ples would compromise an ongoing law enforce- ment investigation or national security. (June 17, 1930, ch. 497, title IV, § 628A, as added Pub. L. 114–125, title III, § 302(a), Feb. 24, 2016, 130 Stat. 149.) § 1629. Inspections and preclearance in foreign countries (a) In general When authorized by treaty or executive agree- ment, the Secretary may station customs offi- cers in foreign countries for the purpose of ex- amining persons and merchandise prior to their arrival in, or subsequent to their exit from, the United States. (b) Functions and duties Customs officers stationed in a foreign coun- try under subsection (a) may exercise such func- tions and perform such duties (including inspec- tions, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. (c) Compliance The Secretary may by regulation require com- pliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the impor- tation or exportation of merchandise, filing of false statements, and the unlawful removal of Page 314 TITLE 19—CUSTOMS DUTIES § 1629 merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry or exit within the customs terri- tory of the United States. (d) Seizures When authorized by treaty, agreement or for- eign law, merchandise which is subject to sei- zure or forfeiture under United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law. (e) Stationing of foreign customs and agriculture inspection officers in the United States The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection of- ficials of that country (if similar privileges are extended by that country to United States offi- cials) for the purpose of ensuring that persons and merchandise going directly to that country from the United States, or that have gone di- rectly from that country to the United States, comply with the customs and other laws of that country governing the importation or expor- tation of merchandise. Any foreign customs or agriculture inspection official stationed in the United States under this subsection may exer- cise such functions, perform such duties, and enjoy such privileges and immunities as United States officials may be authorized to perform or are afforded in that foreign country by treaty, agreement, or law. (f) Application of certain laws When customs officials of a foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country— (1) sections 111 and 1114 of title 18 shall apply as if the officials were designated in those sec- tions; and (2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully fal- sifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to con- tain any false, fictitious or fraudulent state- ment or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both. (g) Privileges and immunities Any person designated to perform the duties of an officer of the Customs Service pursuant to section 1401(i) of this title shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any ac- tions taken by the designated person in the per- formance of such duties. (h) Customs procedures and commitments (1) In general The Secretary of Homeland Security, the United States Trade Representative, and other appropriate Federal officials shall work through appropriate international organiza- tions including the World Customs Organiza- tion (WCO), the World Trade Organization (WTO), the International Maritime Organiza- tion, and the Asia-Pacific Economic Coopera- tion, to align, to the extent practicable, cus- toms procedures, standards, requirements, and commitments in order to facilitate the effi- cient flow of international trade. (2) United States Trade Representative (A) In general The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph (B) that make progress in achieving— (i) harmonization of import and export data collected by WTO members for cus- toms purposes, to the extent practicable; (ii) enhanced procedural fairness and transparency with respect to the regula- tion of imports and exports by WTO mem- bers; (iii) transparent standards for the effi- cient release of cargo by WTO members, to the extent practicable; and (iv) the protection of confidential com- mercial data. (B) Articles described The articles of the GATT 1994 described in this subparagraph are the following: (i) Article V (relating to transit). (ii) Article VIII (relating to fees and for- malities associated with importation and exportation). (iii) Article X (relating to publication and administration of trade regulations). (C) GATT 1994 The term ‘‘GATT 1994’’ means the General Agreement on Tariff and Trade annexed to the WTO Agreement. (3) Customs The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the effi- cient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to— (A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes; (B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members; (C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members; (D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive ex- aminations that will facilitate the efficient flow of international trade; and (E) ensure the protection of confidential commercial data. (4) Definition In this subsection, the term ‘‘Commis- sioner’’ means the Commissioner responsible Page 315 TITLE 19—CUSTOMS DUTIES § 1629 for the United States Customs and Border Pro- tection in the Department of Homeland Secu- rity. (June 17, 1930, ch. 497, title IV, § 629, as added Pub. L. 99–570, title III, § 3128, Oct. 27, 1986, 100 Stat. 3207–89; amended Pub. L. 108–7, div. J, title I, § 127(c), Feb. 20, 2003, 117 Stat. 441; Pub. L. 108–429, title I, § 1561(b), (c), Dec. 3, 2004, 118 Stat. 2581, 2582; Pub. L. 109–280, title XIV, § 1635(f)(1), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 109–347, title IV, § 404, Oct. 13, 2006, 120 Stat. 1928.) Editorial Notes AMENDMENTS 2006—Subsec. (e). Pub. L. 109–280 substituted ‘‘ensur- ing’’ for ‘‘insuring’’. Subsec. (h). Pub. L. 109–347 added subsec. (h). 2004—Pub. L. 108–429, § 1561(c), repealed Pub. L. 108–7, § 127(c). See 2003 Amendment notes below. Subsec. (a). Pub. L. 108–429, § 1561(b)(1), inserted ‘‘, or subsequent to their exit from,’’ after ‘‘prior to their ar- rival in’’. Subsec. (c). Pub. L. 108–429, § 1561(b)(2), inserted ‘‘or exportation’’ after ‘‘relating to the importation’’ and ‘‘or exit’’ after ‘‘port of entry’’. Subsec. (e). Pub. L. 108–429, § 1561(b)(3), amended head- ing and text of subsec. (e) generally. Prior to amend- ment, text read as follows: ‘‘The Secretary of State, in coordination with the Secretary, may enter into agree- ments with any foreign country authorizing the sta- tioning in the United States of customs and officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this sub- section may exercise such functions, and perform such duties, as United States officials may be authorized to perform in that foreign country under reciprocal agree- ment.’’ Subsec. (g). Pub. L. 108–429, § 1561(b)(4), added subsec. (g). 2003—Subsec. (a). Pub. L. 108–7, § 127(c)(1), which di- rected insertion of ‘‘, or subsequent to their exit from,’’ after ‘‘prior to their arrival in’’ in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c). Subsec. (c). Pub. L. 108–7, § 127(c)(2), which directed insertion of ‘‘or exportation’’ after ‘‘relating to the im- portation’’ and ‘‘or exit’’ after ‘‘port of entry’’ in sec- tion 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c). Subsec. (e). Pub. L. 108–7, § 127(c)(3), which directed substitution of ‘‘such functions,’’ for ‘‘such functions and’’ and ‘‘by treaty, agreement or law’’ for ‘‘under re- ciprocal agreement’’, and insertion of ‘‘and agriculture inspection’’ after ‘‘States of customs’’ and ‘‘foreign cus- toms’’, ‘‘and the Secretary of Agriculture’’ after ‘‘in co- ordination with the Secretary’’, ‘‘or that have gone di- rectly from that country to the United States’’ after ‘‘to that country from the United States’’, ‘‘or expor- tation’’ after ‘‘governing the importation’’, ‘‘, and enjoy such privileges and immunities’’ after ‘‘such du- ties’’, and ‘‘or are afforded’’ after ‘‘authorized to per- form’’, in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c). Subsec. (g). Pub. L. 108–7, § 127(c)(4), which directed addition of subsec. (g) to section 1629 of title 19, was re- pealed by Pub. L. 108–429, § 1561(c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–280 applicable with re- spect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title. AUTHORITY FOR THE ESTABLISHMENT OF INTEGRATED BORDER INSPECTION AREAS AT THE UNITED STATES- CANADA BORDER Pub. L. 108–429, title I, § 1560, Dec. 3, 2004, 118 Stat. 2580, as amended by Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that: ‘‘(a) FINDINGS.—Congress makes the following find- ings: ‘‘(1) The increased security and safety concerns that developed in the aftermath of the terrorist at- tacks in the United States on September 11, 2001, need to be addressed. ‘‘(2) One concern that has come to light is the vul- nerability of the international bridges and tunnels along the United States borders. ‘‘(3) It is necessary to ensure that potentially dan- gerous vehicles are inspected prior to crossing these bridges and tunnels; however, currently these vehi- cles are not inspected until after they have crossed into the United States. ‘‘(4) Establishing Integrated Border Inspection Areas (IBIAs) would address these concerns by in- specting vehicles before they gained access to the in- frastructure of international bridges and tunnels joining the United States and Canada. ‘‘(b) CREATION OF INTEGRATED BORDER INSPECTION AREAS.— ‘‘(1) IN GENERAL.—The Commissioner of U.S. Cus- toms and Border Protection, in consultation with the Canadian Customs and Revenue Agency (CCRA), shall seek to establish Integrated Border Inspection Areas (IBIAs), such as areas on either side of the United States-Canada border, in which United States Cus- toms officers can inspect vehicles entering the United States from Canada before they enter the United States, or Canadian Customs officers can inspect ve- hicles entering Canada from the United States before they enter Canada. Such inspections may include, where appropriate, employment of reverse inspection techniques. ‘‘(2) ADDITIONAL REQUIREMENT.—The Commissioner of U.S. Customs and Border Protection, in consulta- tion with the Administrator of the General Services Administration when appropriate, shall seek to carry out paragraph (1) in a manner that minimizes adverse impacts on the surrounding community. ‘‘(3) ELEMENTS OF THE PROGRAM.—Using the author- ity granted by this section and under section 629 of the Tariff Act of 1930 [19 U.S.C. 1629], the Commis- sioner of U.S. Customs and Border Protection, in con- sultation with the Canadian Customs and Revenue Agency, shall seek to— ‘‘(A) locate Integrated Border Inspection Areas in areas with bridges or tunnels with high traffic vol- ume, significant commercial activity, and that have experienced backups and delays since Sep- tember 11, 2001; ‘‘(B) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border are vested with the maximum authority to carry out their duties and enforce United States law; ‘‘(C) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border shall possess the same immunity that they would possess if they were stationed in the United States; and ‘‘(D) encourage appropriate officials of the United States to enter into an agreement with Canada per- mitting Canadian Customs officers stationed in any such IBIA on the United States side of the border to enjoy such immunities as permitted in Canada.’’ CREATION OF INTEGRATED BORDER INSPECTION AREAS Pub. L. 108–7, div. J, title I, § 127(a), Feb. 20, 2003, 117 Stat. 440, which related to the creation of integrated Page 316 TITLE 19—CUSTOMS DUTIES § 1630 border inspection areas on either side of the United States–Canada border, was repealed by Pub. L. 108–429, title I, § 1561(c), Dec. 3, 2004, 118 Stat. 2582. § 1630. Authority to settle claims (a) In general With respect to a claim that cannot be settled under chapter 171 of title 28, the Secretary may settle, for not more than $50,000 in any one case, a claim for damage to, or loss of, privately owned property caused by an investigative or law enforcement officer (as defined in section 2680(h) of title 28) who is employed by the Cus- toms Service and acting within the scope of his or her employment. (b) Limitations The Secretary may not pay a claim under sub- section (a) that— (1) concerns commercial property; (2) is presented to the Secretary more than 1 year after it occurs; or (3) is presented by an officer or employee of the United States Government and arose with- in the scope of employment. (c) Final settlement A claim may be paid under this section only if the claimant accepts the amount of settlement in complete satisfaction of the claim. (June 17, 1930, ch. 497, title IV, § 630, as added Pub. L. 103–182, title VI, § 670, Dec. 8, 1993, 107 Stat. 2216.) 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. § 1631. Use of private collection agencies (a) In general Notwithstanding any other provision of law, the Secretary, under such terms and conditions as the Secretary considers appropriate, shall enter into contracts and incur obligations with one or more persons for collection services to re- cover indebtedness arising under the customs laws and owed the United States Government, but only after the Customs Service has ex- hausted all administrative efforts, including all claims against applicable surety bonds, to col- lect the indebtedness. (b) Contract requirements Any contract entered into under subsection (a) shall provide that— (1) the Secretary retains the authority to re- solve a dispute, compromise a claim, end col- lection action, and refer a matter to the At- torney General to bring a civil action; and (2) the person is subject to— (A) section 552a of title 5 to the extent pro- vided in subsection (m) of such section; and (B) laws and regulations of the United States Government and State governments related to debt collection practices. (c) Payment of costs The debtor shall be assessed and pay any and all costs associated with collection efforts pur- suant to this section. Notwithstanding section 3302(b) of title 31, any sum so collected shall be used to pay the costs of debt collection services. (June 17, 1930, ch. 497, title IV, § 631, as added Pub. L. 103–182, title VI, § 671, Dec. 8, 1993, 107 Stat. 2217; amended Pub. L. 104–295, § 3(a)(9), Oct. 11, 1996, 110 Stat. 3516; Pub. L. 106–36, title I, § 1001(b)(5)(A), June 25, 1999, 113 Stat. 132.) Editorial Notes AMENDMENTS 1999—Subsec. (c). Pub. L. 106–36 amended directory language of Pub. L. 104–295. See 1996 Amendment note below. 1996—Subsec. (c). Pub. L. 104–295, as amended by Pub. L. 106–36, added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title. 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, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Pro- tection in the Department of Homeland Security, treat- ed as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally 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. PART VI—MISCELLANEOUS PROVISIONS § 1641. Customs brokers (a) Definitions As used in this section: (1) The term ‘‘customs broker’’ means any person granted a customs broker’s license by the Secretary under subsection (b). (2) The term ‘‘customs business’’ means those activities involving transactions with U.S. Customs and Border Protection con- cerning the entry and admissibility of mer- chandise, its classification and valuation, the payment of duties, taxes, or other charges as- sessed or collected by U.S. Customs and Bor- der Protection upon merchandise by reason of its importation, or the refund, rebate, or draw- back thereof. It also includes the preparation of documents or forms in any format and the