19 U.S.C. § 1703 — Seizure and forfeiture of vessels
submitted 91 years ago by ch. 438 to r/title-19-CUSTOMS-DUTIES · 376 words · no verdicts yet
This section requires seizure and forfeiture of vessels and cargo involved in specified customs fraud or smuggling. It defines “vessel of the United States” and lists facts that are prima facie evidence of attempted or completed customs fraud.
(a) A vessel built, bought, fitted out, or held in the United States or elsewhere to defraud customs revenue or smuggle goods into the United States, or to smuggle goods into a foreign country in violation of that country’s law when it provides a penalty or forfeiture for violating United States customs laws, is subject to seizure and forfeiture if found where customs officers may examine it. The same applies to a vessel found or discovered to have been used, attempted to be used, or used to assist such conduct in the United States, and to a United States vessel found or discovered to have been used, attempted to be used, or used to assist it anywhere, unless it was later forfeited to the United States or a foreign government. The vessel and its cargo must be seized and forfeited.
(b) “Vessel of the United States” includes every vessel documented, owned, or controlled in the United States and every foreign-registered vessel substantially owned or controlled, directly or indirectly, by a United States citizen or by a corporation incorporated, owned, or controlled in the United States.
(c) For this section, a vessel’s being subject to pursuit under section 1581, being a hovering vessel, or failing to display legally required lights in United States customs waters or a customs-enforcement area is prima facie evidence that the vessel is being, was, or was attempted to be used to defraud United States customs revenue.
Whenever any vessel which shall have been built, purchased, fitted out in whole or in part, or held, in the United States or elsewhere, for the purpose of being employed to defraud the revenue or to smuggle any merchandise into the United States, or to smuggle any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, or whenever any vessel which shall be found, or discovered to have been employed, or attempted to be employed, within the United States for any such purpose, or in anywise in assistance thereof, or whenever any vessel of the United States which shall be found, or discovered to have been, employed, or attempted to be employed at any place, for any such purpose, or is anywise in assistance thereof, if not subsequently forfeited to the United States or to a foreign government, is found at any place at which any such vessel may be examined by an officer of the customs in the enforcement of any law respecting the revenue, the said vessel and its cargo shall be seized and forfeited.
Every vessel which is documented, owned, or controlled in the United States, and every vessel of foreign registry which is, directly or indirectly, substantially owned or controlled by any citizen of, or corporation incorporated, owned, or controlled in, the United States, shall, for the purposes of this section, be deemed a vessel of the United States.
For the purposes of this section, the fact that a vessel has become subject to pursuit as provided in section 1581 of this title, or is a hovering vessel, or that a vessel fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display lights as required by law, shall be prima facie evidence that such vessel is being, or has been, or is attempted to be employed to defraud the revenue of the United States.
Source credit: (Aug. 5, 1935, ch. 438, title I, § 3, 49 Stat. 518.)
- 1935Enacted · Act of Aug. 5, 1935, ch. 438 · 49 Stat. 518
A history note hasn’t been published yet. The record shows enactment by ch. 438 on 1935-08-05.
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