19 U.S.C. § 1590 — Aviation smuggling

(a) It is unlawful for an aircraft’s pilot to transport merchandise, or for anyone on an aircraft to possess merchandise, while knowing or intending that the merchandise will be brought into the United States contrary to law.

(b) A person may not transfer merchandise between an aircraft and a vessel on the high seas or in United States customs waters without authorization from the Secretary if either (1) the aircraft is owned by a United States citizen or registered in the United States, or the vessel is a United States vessel as defined in section 1703(b), or (2) regardless of the vessel’s or aircraft’s nationality, the circumstances show an intent to make it possible for the merchandise, or part of it, to be brought into the United States unlawfully.

(c) A person who violates this section is liable for a civil penalty equal to twice the value of the merchandise involved, but at least $10,000. The value of any controlled substance in the merchandise is determined under section 1497(b).

(d) In addition to the civil penalty under subsection (c), a person who intentionally commits, attempts, or conspires to commit a violation is, upon conviction, liable to a fine of up to $10,000, imprisonment for up to five years, or both, if none of the merchandise was a controlled substance. If any of the merchandise was a controlled substance, the person is liable to a fine of up to $250,000, imprisonment for up to 20 years, or both.

(e) (1) Except as paragraph (2) provides, a vessel or aircraft used in connection with, or to aid or facilitate, a violation of this section may be seized and forfeited under the customs laws, whether or not anyone is charged in connection with the violation. (2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier.

(f) In this section, “merchandise” means only merchandise whose importation into the United States is prohibited or restricted.

(g) In this section, “aircraft” has the meaning given in section 40102 of title 49 and includes a vehicle described in section 103.1 of title 14, Code of Federal Regulations. This section does not otherwise define the quoted term “aircraft.”

(h) For imposing civil penalties under this section, each of the following acts, when performed within 250 miles of the United States territorial sea, is prima facie evidence that the transportation or possession of merchandise was unlawful and is presumed to be circumstances showing that the purpose of the transfer was to make it possible for the merchandise, or part of it, to be brought into the United States unlawfully: (1) operating an aircraft or vessel without lights when applicable law requires lights; (2) having an auxiliary fuel tank on an aircraft that was not installed as applicable law requires; (3) failing to identify correctly, when a customs officer or other government authority asks, the vessel by name or country of registration, or the aircraft by registration number and country of registration; (4) externally displaying false registration numbers, a false country of registration, or, for a vessel, a false vessel name; (5) having on board unmanifested merchandise whose importation is prohibited or restricted; (6) having on board controlled substances that are not manifested or are not accompanied by permits or licenses required under the Single Convention on Narcotic Drugs or another international treaty; (7) having a compartment or equipment built or fitted out for smuggling; or (8) a vessel failing to stop when hailed by a customs officer or other government authority. For purposes of subsection (e) or section 1595a, each listed act is also prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section. This section does not define the terms “customs waters,” “territorial sea,” “controlled substance,” or “common carrier.”