19 U.S.C. § 1709 — Definitions
submitted 91 years ago by ch. 438 to r/title-19-CUSTOMS-DUTIES · 290 words · no verdicts yet
This section defines “United States,” “officer of the customs,” “customs waters,” and “hovering vessel” for the Act. The definitions include specific geographic exceptions and special rules for foreign vessels.
When used in this Act: (a) “United States,” geographically, includes all United States territories and possessions except the Virgin Islands, Canal Zone, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and Guam. (b) “Officer of the customs” means a Customs Service officer; a commissioned, warrant, or petty officer of the Coast Guard; or an agent or other person authorized by law or by the Treasury Secretary, or appointed in writing by a collector, to perform Customs Service officer duties. (c) “Customs waters” means, for a foreign vessel covered by a treaty or other United States arrangement allowing United States authorities to board, examine, search, seize, or otherwise enforce United States laws on the high seas, the waters within the distance from the United States coast allowed by that arrangement. For every other vessel, it means waters within four leagues of the United States coast. (d) “Hovering vessel” means a vessel found or kept off the United States coast, inside or outside customs waters, when its history, conduct, character, or location reasonably suggests that it is being or may be used to bring, promote, or help bring merchandise into the United States in violation of revenue laws.
When used in this Act:
The term “United States”, when used in a geographical sense, includes all Territories and possessions of the United States, except the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, and the island of Guam.
The term “officer of the customs” means any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.
The term “customs waters” means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.
The term “hovering vessel” means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue.
Source credit: (Aug. 5, 1935, ch. 438, title IV, § 401, 49 Stat. 529; June 25, 1938, ch. 679, § 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; June 30, 1955, ch. 258, § 2(b), 69 Stat. 242.)
- 1935Enacted · Act of Aug. 5, 1935, ch. 438 · 49 Stat. 529
- 1938Amended · Act of June 25, 1938, ch. 679 · 52 Stat. 1077
- 1955Amended · Act of June 30, 1955, ch. 258 · 69 Stat. 242
A history note hasn’t been published yet. The record shows enactment by ch. 438 on 1935-08-05.
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