18 U.S.C. § 542 — Entry of goods by means of false statements
submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 225 words · no verdicts yet
A person who uses false documents, statements, or practices to bring imported merchandise into United States commerce, or deliberately avoids lawful duties, may be fined, imprisoned for up to two years, or both. The merchandise may still be forfeited, and the section excludes listed territories from “commerce of the United States.”
A person commits the offense if the person enters or introduces, or tries to enter or introduce, imported merchandise into United States commerce by using a fraudulent or false invoice, declaration, affidavit, letter, paper, written or spoken statement, practice, or device. The offense also includes making a false statement in a declaration without reasonable cause to believe it is true, or causing such a material false statement to be made without reasonable cause to believe it is true. This applies whether or not the United States is or may be deprived of lawful duties.
A person also commits the offense by a willful act or omission that does or may deprive the United States of lawful duties due on merchandise covered or referred to in such a document or statement, or affected by that act or omission.
For each offense, the person may be fined under this title, imprisoned for up to 2 years, or both. This section does not prevent the imported merchandise from being forfeited under another law.
For this section, “commerce of the United States” does not include commerce with the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam. This section does not define those terms.
Whoever enters or introduces, or attempts to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, declaration, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance, or makes any false statement in any declaration without reasonable cause to believe the truth of such statement, or procures the making of any such false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, whether or not the United States shall or may be deprived of any lawful duties; or
Whoever is guilty of any willful act or omission whereby the United States shall or may be deprived of any lawful duties accruing upon merchandise embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement, or affected by such act or omission—
Shall be fined for each offense under this title or imprisoned not more than two years, or both.
Nothing in this section shall be construed to relieve imported merchandise from forfeiture under other provisions of law.
The term “commerce of the United States”, as used in this section, shall not include commerce with the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.
Source credit: (June 25, 1948, ch. 645, 62 Stat. 715; June 30, 1955, ch. 258, § 2(c), 69 Stat. 242; Pub. L. 103–322, title XXXIII, §§ 330004(18), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L. 104–294, title VI, § 604(b)(23), Oct. 11, 1996, 110 Stat. 3508.)
- 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 715
- 1955Amended · Act of June 30, 1955, ch. 258 · 69 Stat. 242
- 1994Amended · Pub. L. 103-322 · 108 Stat. 2142, 2147
- 1996Amended · Pub. L. 104-294 · 110 Stat. 3508
A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.
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