19 U.S.C. § 1586 — Unlawful unlading or transshipment
submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 797 words · no verdicts yet
This section imposes penalties and forfeiture for specified unlawful unloading or transfer of merchandise by covered vessels and their masters. It also provides a separate imprisonment rule for people who help and an exception when an accident, bad weather, or another necessity made the unloading or transfer necessary.
(a) The master of a vessel from a foreign port or place, or of a hovering vessel that has received or delivered merchandise while outside the territorial sea, is liable for a penalty if the master allows any merchandise, including sea stores, to be unloaded from the vessel after it arrives within the customs waters but before it reaches the proper place for unloading and before the master receives a permit to unload. The penalty is twice the merchandise’s value, but at least $10,000. The vessel, its cargo, and the unloaded merchandise must be seized and forfeited.
(b) The master of a vessel from a foreign port or place, or of a hovering vessel that has received or delivered merchandise while outside the territorial sea, is liable for the same penalty if the master allows merchandise, including sea stores, to be unloaded from the vessel at any place on the high seas next to United States customs waters. This applies when the merchandise’s importation into the United States is prohibited, or when it consists of spirits, wines, or other alcoholic liquors, and the master knows or circumstances show that the purpose is to make it possible for the merchandise, or part of it, to be brought or attempted to be brought into the United States unlawfully. The vessel from which the merchandise was unloaded, its cargo, and the merchandise must be seized and forfeited.
(c) The master of a vessel from a foreign port or place, or of a hovering vessel that has received or delivered merchandise while outside the territorial sea, is liable for the same penalty if the master allows merchandise, including sea stores, to be unloaded without a permit at any place on the high seas next to United States customs waters. The merchandise must be destined for the United States and its importation into the United States must be prohibited, or it must consist of spirits, wines, or other alcoholic liquors. It must be unloaded to be transferred to, put in, or received on a United States vessel; a vessel owned by a person who is a United States citizen or domiciled in the United States; or a corporation incorporated in the United States. The vessel from which the merchandise was unloaded, its cargo, and the merchandise must be seized and forfeited.
(d) If merchandise, including sea stores, unloaded in violation of this section is transferred to, put in, or received on another vessel, the master of the vessel on which it is placed, and anyone who aids or assists in that transfer, are liable for a penalty equal to twice the merchandise’s value, but at least $10,000. The vessel on which the merchandise is placed, its cargo, and the merchandise must be seized and forfeited. For purposes of this subsection, the covered vessel-master scope is the scope stated for the masters in subsections (a) through (c): a vessel from a foreign port or place, or a hovering vessel that received or delivered merchandise while outside the territorial sea.
(e) A United States citizen who, anywhere, engages in or aids or assists in unloading or transferring merchandise is liable to imprisonment for up to 15 years if the unloading or transfer causes a vessel to become subject to forfeiture under this section. A foreign national is subject to the same rule only when the person acts in the United States or within customs waters. This imprisonment is in addition to any other penalties provided by law.
(f) If any part of a vessel’s cargo or stores is unloaded or transferred because of an accident, stress of weather, or another necessity, the master of that vessel and the master of any vessel to which the cargo or stores was transferred must notify the Customs Service as soon as possible. They must notify the district where the unloading or transfer happened, or the district where the vessel first arrives afterward. They must provide proof that the unloading or transfer was necessary because of an accident, stress of weather, or another unavoidable cause. If the Customs Service is satisfied that the unloading or transfer was in fact caused by an accident, stress of weather, or another necessity, the penalties in this section are not incurred. This section does not define the terms "customs waters," "territorial sea," "foreign port or place," or "hovering vessel."
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) to be unladen from such vessel at any time after its arrival within the customs waters and before such vessel has come to the proper place for the discharge of such merchandise, and before he has received a permit to unlade, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and such vessel and its cargo and the merchandise so unladen shall be seized and forfeited.
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen from his vessel at any place upon the high seas adjacent to the customs waters of the United States to be transshipped to or placed in or received on any vessel of any description, with knowledge, or under circumstances indicating the purpose to render it possible, that such merchandise, or any part thereof, may be introduced, or attempted to be introduced, into the United States in violation of law, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) destined to the United States, the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen, without permit to unlade, at any place upon the high seas adjacent to the customs waters of the United States, to be transshipped to or placed in or received on any vessel of the United States or any other vessel which is owned by any person a citizen of, or domiciled in, the United States, or any corporation incorporated in the United States, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.
If any merchandise (including sea stores) unladen in violation of the provisions of this section is transshipped to or placed in or received on any other vessel, the master of the vessel on which such merchandise is placed, and any person aiding or assisting therein, shall be liable to a penalty equal to twice the value of the merchandise, but not less than $10,000, and such vessel, and its cargo and such merchandise, shall be seized and forfeited.
Whoever, at any place, if a citizen of the United States, or at any place in the United States or within customs waters, if a foreign national, shall engage or aid or assist in any unlading or transshipment of any merchandise in consequence of which any vessel becomes subject to forfeiture under the provisions of this section shall, in addition to any other penalties provided by law, be liable to imprisonment for not more than 15 years.
Whenever any part of the cargo or stores of a vessel has been unladen or transshipped because of accident, stress of weather, or other necessity, the master of such vessel and the master of any vessel to which such cargo or stores has been transshipped shall, as soon as possible thereafter, notify the Customs Service at the district within which such unlading or transshipment has occurred, or the Customs Service at the district at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transshipment was made necessary by accident, stress of weather, or other unavoidable cause, and if the Customs Service is satisfied that the unlading or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incurred.
Source credit: (June 17, 1930, ch. 497, title IV, § 586, 46 Stat. 749; Aug. 5, 1935, ch. 438, title II, § 205, 49 Stat. 524; Pub. L. 91–271, title III, § 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 99–570, title III, § 3119, Oct. 27, 1986, 100 Stat. 3207–84; Pub. L. 103–182, title VI, § 620, Dec. 8, 1993, 107 Stat. 2180.)
- 1930Enacted · Act of June 17, 1930, ch. 497 · 46 Stat. 749
- 1935Amended · Act of Aug. 5, 1935, ch. 438 · 49 Stat. 524
- 1970Amended · Pub. L. 91-271 · 84 Stat. 287
- 1986Amended · Pub. L. 99-570 · 100 Stat. 3207
- 1993Amended · Pub. L. 103-182 · 107 Stat. 2180
A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case