18 U.S.C. § 966 | Departure of vessel forbidden for false statements

(a)

section 965 of this title Whenever it appears that the vessel is not entitled to clearance or whenever there is reasonable cause to believe that the additional statements under oath required in are false, the collector of customs for the district in which the vessel is located may, subject to review by the head of the department or agency charged with the administration of laws relating to clearance of vessels, refuse clearance to any vessel, domestic or foreign, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, forbid the departure of the vessel from the port or from the United States. It shall thereupon be unlawful for the vessel to depart.

(b)

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

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.

June 25, 1948, ch. 645 62 Stat. 747 Pub. L. 103–322, title XXXIII, § 330016(1)(L)Sept. 13, 1994108 Stat. 2147(, ; , , .)

Historical and Revision Notes

June 15, 1917, ch. 30 40 Stat. 222 Mar. 28, 1940, ch. 72, § 5 54 Stat. 79Based on title 18, U.S.C., 1940 ed., §§ 35, 36 (, title V, §§ 5, 6, ; , ).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Mandatory punishment provision was rephrased in the alternative.

The phrase “by the head of the department or agency charged with the administration of laws relating to clearance of vessels,” was substituted for “by the Secretary of Commerce” in view of Executive Order No. 9083 (F.R. 1609) transferring functions to the Commissioner of Customs.

section 371 of this titleThe conspiracy provision of said section 36 was omitted as covered by . See reviser’s note under that section.

Minor changes of phraseology were made.

Editorial Notes

Amendments

Pub. L. 103–3221994—Subsec. (b). substituted “fined under this title” for “fined not more than $10,000”.

Executive Documents

Transfer of Functions

Dec. 31, 1966May 25, 196579 Stat. 1317July 31, 195064 Stat. 1280All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than , by Reorg. Plan No. 1 of 1965, eff. , 30 F.R. 7035, , set out in the Appendix to Title 5, Government Organization and Employees. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. , 15 F.R. 4935, , set out in the Appendix to Title 5.