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18 U.S.C. § 965Verified statements as prerequisite to vessel’s departure

submitted 78 years ago by ch. 645 to r/title-18-CRIMES-AND-CRIMINAL-PROCEDURE · 323 words · no verdicts yet

in plain englishAI-generated · not legal advice

(a) During a war in which the United States is neutral, before any domestic or foreign vessel leaves port, its master or person in command must give the Customs Service an oath-verified statement, whether or not clearance is required. In addition to the facts required by the cited tariff and title 46 provisions, the statement must say whether any cargo will be delivered to another vessel in port or transferred at sea. If so, it must state each article’s kind, quantity, and total value, and the name of the person, corporation, vessel, or government receiving it.

(a) During a war in which the United States is neutral, before any domestic or foreign vessel leaves port, its master or person in command must give the Customs Service an oath-verified statement, whether or not clearance is required. In addition to the facts required by the cited tariff and title 46 provisions, the statement must say whether any cargo will be delivered to another vessel in port or transferred at sea. If so, it must state each article’s kind, quantity, and total value, and the name of the person, corporation, vessel, or government receiving it. The owners, shippers, or consignors must give equivalent sworn statements about their cargo. (b) A person who violates this section by taking, trying to take, or authorizing the taking of such a vessel out of port or the United States may be fined under title 18, imprisoned for up to 10 years, or both. The vessel, its tackle, apparel, furniture, equipment, and cargo are forfeited to the United States. The Secretary of the Treasury may issue regulations that excuse coastwise-trade or fishing vessels, and vessels used only for pleasure, from this section when they comply with the regulations.
the actual law source: uscode.house.gov ↗public domain
(a)

During a war in which the United States is a neutral nation, every master or person having charge or command of any vessel, domestic or foreign, whether requiring clearance or not, before departure of such vessel from port shall, in addition to the facts required by section 431 of the Tariff Act of 1930 (19 U.S.C. 1431) and section 60105 of title 46, to be set out in the masters’ and shippers’ manifests before clearance will be issued to vessels bound to foreign ports, deliver to the Customs Service a statement, duly verified by oath, that the cargo or any part of the cargo is or is not to be delivered to other vessels in port or to be transshipped on the high seas, and, if it is to be so delivered or transshipped, stating the kind and quantities and the value of the total quantity of each kind of article so to be delivered or transshipped, and the name of the person, corporation, vessel, or government to whom the delivery or transshipment is to be made; and the owners, shippers, or consignors of the cargo of such vessel shall in the same manner and under the same conditions deliver to the Customs Service like statements under oath as to the cargo or the parts thereof laden or shipped by them, respectively.

(b)

Whoever, in violation of this section, takes or attempts to take, or authorizes the taking of any such vessel, out of port or from the United States, shall be fined under this title or imprisoned not more than ten years, or both.

In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States.

The Secretary of the Treasury is authorized to promulgate regulations upon compliance with which vessels engaged in the coastwise trade or fisheries or used solely for pleasure may be relieved from complying with this section.

Source credit: (June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103–182, title VI, § 687, Dec. 8, 1993, 107 Stat. 2221; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147; Pub. L. 109–304, § 17(d)(5), Oct. 6, 2006, 120 Stat. 1707.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 645 · 62 Stat. 747
  • 1993Amended · Pub. L. 103-182 · 107 Stat. 2221
  • 1994Amended · Pub. L. 103-322 · 108 Stat. 2147
  • 2006Amended · Pub. L. 109-304 · 120 Stat. 1707

A history note hasn’t been published yet. The record shows enactment by ch. 645 on 1948-06-25.

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