19 U.S.C. § 1438 — Unlawful return of foreign vessel’s papers

Page 163 TITLE 19—CUSTOMS DUTIES § 1441 (5) The location from which the items origi- nated. (6) The entity responsible for the apprehen- sion or seizure, organized by location or port of entry. (7) The amount of penalties assessed by U.S. Customs and Border Protection, organized by name of the violator and location or port of entry. (8) The amount of penalties that U.S. Cus- toms and Border Protection could have levied, organized by name of the violator and location or port of entry. (9) The rationale for negotiating lower pen- alties, organized by name of the violator and location or port of entry. (c) Appropriate congressional committees de- fined In this section, the term ‘‘appropriate congres- sional committees’’ means— (1) the Committee on Finance and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate; and (2) the Committee on Ways and Means, the Committee on Oversight and Government Re- form, and the Committee on Homeland Secu- rity of the House of Representatives. (Pub. L. 115–271, title VIII, § 8008, Oct. 24, 2018, 132 Stat. 4081.) Editorial Notes REFERENCES IN TEXT Section 1436 of this title, as amended by section 8007, referred to in subsec. (a), is section 1436 of this title as amended by section 8007 of Pub. L. 115–271. CODIFICATION Section was enacted as part of the Synthetics Traf- ficking and Overdose Prevention Act of 2018, also known as the STOP Act of 2018, and also as part of the Substance Use–Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Com- munities Act, also known as the SUPPORT for Pa- tients and Communities Act, and not as part of the Tariff Act of 1930 which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. § 1437. Repealed. Pub. L. 103–182, title VI, § 690(b)(3), Dec. 8, 1993, 107 Stat. 2223 Section, act June 17, 1930, ch. 497, title IV, § 437, 46 Stat. 711, provided for return of register or document to master or owner of vessel upon clearance. § 1438. Unlawful return of foreign vessel’s papers It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has en- tered. Any consul offending against the provi- sions of this section shall be liable to a fine of not more than $5,000. (June 17, 1930, ch. 497, title IV, § 438, 46 Stat. 712; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 103–182, title VI, § 654, Dec. 8, 1993, 107 Stat. 2210.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title IV, § 438, 42 Stat. 952. That section was superseded by section 438 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. AMENDMENTS 1993—Pub. L. 103–182 substituted ‘‘section 1434’’ for ‘‘section 1435’’, inserted ‘‘, or regulations issued there- under,’’ before ‘‘until such master’’, and substituted ‘‘the Customs Service in the port in which such vessel has entered’’ for ‘‘the appropriate customs officer of the port where such vessel has been entered’’. 1970—Pub. L. 91–271 substituted reference to appro- priate customs officers for reference to collector. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 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. §§ 1439, 1440. Repealed. Pub. L. 103–182, title VI, § 690(b)(4), (5), Dec. 8, 1993, 107 Stat. 2223 Section 1439, acts June 17, 1930, ch. 497, title IV, § 439, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(b), 67 Stat. 507, re- quired master of a vessel from a foreign port or place, immediately upon arrival, to mail or deliver to des- ignated employee a copy of manifest and any correc- tions thereto. Section 1440, acts June 17, 1930, ch. 497, title IV, § 440, 46 Stat. 712; Aug. 8, 1953, ch. 397, § 2(c), 67 Stat. 508, re- quired master of a vessel to make post entry of any baggage or merchandise not included on manifest and to mail or deliver such entry to designated employee. § 1441. Exceptions to vessel entry and clearance requirements The following vessels shall not be required to make entry under section 1434 of this title or to obtain clearance under section 60105 of title 46: (1) Vessels of war and public vessels em- ployed for the conveyance of letters and dis-