Unlawful acts
Civil penalty
Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection (a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture.
Criminal penalty
In addition to being liable for a civil penalty under subsection (b), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection (a) is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for conveyances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both.
Additional civil penalty
section 1584 of this titleIf any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a conveyance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in , the master, individual in charge of a vehicle, or pilot shall be liable to the penalties prescribed in that section.
Civil penalties for postal shipments
Civil penalty
section 1415(a)(3)(K)(vii)(I) of this titleA civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of .
Modification of civil penalty
In general
Written notification
U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph (A) to reduce or dismiss a civil penalty imposed pursuant to paragraph (1).
Ongoing lack of compliance
June 17, 1930, ch. 49746 Stat. 711Aug. 5, 1935, ch. 43849 Stat. 521Pub. L. 99–570, title III, § 3113(a)100 Stat. 3207–81Pub. L. 103–182, title VI, § 611107 Stat. 2170Pub. L. 104–295, § 21(e)(3)110 Stat. 3530Pub. L. 115–271, title VIII, § 8007132 Stat. 4080(, title IV, § 436, ; , title II, § 202, ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
section 60105 of title 46Pub. L. 109–304, § 18(c)120 Stat. 1709section 60105 of Title 46In subsec. (a)(1) to (3), “” substituted for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” on authority of , , , which Act enacted , Shipping.
Pub. L. 103–272, § 6(b)108 Stat. 1378In subsec. (a)(3), “section 1644a(b)(1) or (c)(1) of this title” substituted for “section 1109 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1509)” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.
Prior Provisions
act Mar. 3, 1897, ch. 389, § 1529 Stat. 691act Sept. 21, 1922, ch. 356, title IV, § 43642 Stat. 951Provisions similar to those in this section were contained in R.S. § 2834, as amended by , , which was superseded by , , and was repealed by section 642 thereof. Section 436 of the 1922 act was superseded by section 436 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
Amendments
Pub. L. 115–2712018—Subsec. (e). added subsec. (e).
Pub. L. 104–2951996—Subsec. (a)(2). substituted “1431” for “1431(e)” and struck out “or” after semicolon at end.
Pub. L. 103–182, § 611(2)1993—, substituted “entry, and clearance” for “and entry” in section catchline.
Pub. L. 103–182, § 611(1)(A)section 91 of title 46section 1433 of this titleSubsec. (a)(1). , substituted “section 1431, 1433, or 1434 of this title or , Appendix” for “”.
Pub. L. 103–182, § 611(1)(B)Subsec. (a)(2), (3). , (C), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:
section 1433(d) of this title“(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under without revealing the facts;
section 1509 of title 49“(3) to fail to make entry as required by section 1434, 1435, or 1644 of this title or , Appendix; or”.
Pub. L. 99–5701986— amended section generally. Prior to amendment, section read as follows: “Every master who fails to make the report or entry provided for in sections 1433, 1434, or 1435 of this title shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment.
“Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section 1434 or 1435 of this title, knowing the same to be forged, altered, or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment.”
1935—Act , inserted provisions relating to additional penalty for vessel carrying nonimportable merchandise or liquor and added second par.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Pub. L. 115–271, title VIII, § 8009(a)132 Stat. 4081
Transfer of Functions
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .