US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 1595a

Aiding unlawful importation

(a)

Importation, removal, etc. contrary to laws of United States

section 1594 of this titleExcept as specified in subsection (b) or (c) of , every vessel, vehicle, animal, aircraft, or other thing used in, to aid in, or to facilitate, by obtaining information or in any other way, the importation, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of any article which is being or has been introduced, or attempted to be introduced, into the United States contrary to law, whether upon such vessel, vehicle, animal, aircraft, or other thing or otherwise, may be seized and forfeited together with its tackle, apparel, furniture, harness, or equipment.

(b)

Penalty for aiding unlawful importation

Every person who directs, assists financially or otherwise, or is in any way concerned in any unlawful activity mentioned in the preceding subsection shall be liable to a penalty equal to the value of the article or articles introduced or attempted to be introduced.

(c)

Merchandise introduced contrary to law

Merchandise which is introduced or attempted to be introduced into the United States contrary to law shall be treated as follows:
(1)
The merchandise shall be seized and forfeited if it—
(A)
is stolen, smuggled, or clandestinely imported or introduced;
(B)
21 U.S.C. 801 is a controlled substance, as defined in the Controlled Substances Act ( et seq.), and is not imported in accordance with applicable law;
(C)
section 80302 of title 49 is a contraband article, as defined in ; or
(D)
section 841(q) of title 18 is a plastic explosive, as defined in , which does not contain a detection agent, as defined in section 841(p) of such title.
(2)
The merchandise may be seized and forfeited if—
(A)
its importation or entry is subject to any restriction or prohibition which is imposed by law relating to health, safety, or conservation and the merchandise is not in compliance with the applicable rule, regulation, or statute;
(B)
its importation or entry requires a license, permit or other authorization of an agency of the United States Government and the merchandise is not accompanied by such license, permit, or authorization;
(C)
section 506 of title 17 it is merchandise or packaging in which copyright, trademark, or trade name protection violations are involved (including, but not limited to, violations of section 1124, 1125, or 1127 of title 15, , or section 2318 or 2320 of title 18);
(D)
section 1125 of title 15 it is trade dress merchandise involved in the violation of a court order citing ;
(E)
section 1304 of this title it is merchandise which is marked intentionally in violation of ;
(F)
section 1304 of this title it is merchandise for which the importer has received written notices that previous importations of identical merchandise from the same supplier were found to have been marked in violation of ; or
(G)
section 1201 of title 17 U.S. Customs and Border Protection determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of .
(3)
section 1499 of this title If the importation or entry of the merchandise is subject to quantitative restrictions requiring a visa, permit, license, or other similar document, or stamp from the United States Government or from a foreign government or issuing authority pursuant to a bilateral or multilateral agreement, the merchandise shall be subject to detention in accordance with unless the appropriate visa, license, permit, or similar document or stamp is presented to the Customs Service; but if the visa, permit, license, or similar document or stamp which is presented in connection with the importation or entry of the merchandise is counterfeit, the merchandise may be seized and forfeited.
(4)
section 1592 of this title If the merchandise is imported or introduced contrary to a provision of law which governs the classification or value of merchandise and there are no issues as to the admissibility of the merchandise into the United States, it shall not be seized except in accordance with .
(5)
In any case where the seizure and forfeiture of merchandise are required or authorized by this section, the Secretary may—
(A)
section 1618 of this title remit the forfeiture under , or
(B)
permit the exportation of the merchandise, unless its release would adversely affect health, safety, or conservation or be in contravention of a bilateral or multilateral agreement or treaty.
(d)

Merchandise exported contrary to law

Merchandise exported or sent from the United States or attempted to be exported or sent from the United States contrary to law, or the proceeds or value thereof, and property used to facilitate the exporting or sending of such merchandise, the attempted exporting or sending of such merchandise, or the receipt, purchase, transportation, concealment, or sale of such merchandise prior to exportation shall be seized and forfeited to the United States.

June 17, 1930, ch. 497Sept. 1, 1954, ch. 121368 Stat. 1140Pub. L. 99–570, title III, § 3123100 Stat. 3207–87Pub. L. 103–182, title VI, § 624107 Stat. 2187Pub. L. 104–132, title VI, § 606110 Stat. 1290Pub. L. 109–177, title III, § 311(d)120 Stat. 242Pub. L. 110–403, title II, § 209(b)122 Stat. 4264Pub. L. 114–125, title III, § 303(a)130 Stat. 150(, title IV, § 596, as added , title V, § 502, ; amended , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 91–51384 Stat. 1242section 801 of Title 21The Controlled Substances Act, referred to in subsec. (c)(1)(B), is title II of , , , which is classified principally to subchapter I (§ 801 et seq.) of chapter 13 of Title 21, Food and Drugs. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Codification

section 80302 of title 49section 1 of the Act of August 9, 1939Pub. L. 103–272, § 6(b)108 Stat. 1378In subsec. (c)(1)(C), “” substituted for “ (49 U.S.C. App. 781)” on authority of , , , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Prior Provisions

act June 17, 1930, ch. 497, title IV46 Stat. 752act June 25, 1948, ch. 645, § 2162 Stat. 862A prior section 596 of , , related to buildings on boundary, prior to repeal by , , eff. .

Amendments

Pub. L. 114–1252016—Subsec. (c)(2)(G). added subpar. (G).

Pub. L. 110–4032008—Subsec. (c)(2)(C). , which directed amendment of section 596(c)(2)(c) of the Tariff Act of 1950 by striking out “or 509”, was executed by striking out “or 509” after “506” in subsec. (c)(2)(C) of this section, which is section 596 of the Tariff Act of 1930, to reflect the probable intent of Congress.

Pub. L. 109–1772006—Subsec. (d). added subsec. (d).

Pub. L. 104–1321996—Subsec. (c)(1)(D). added subpar. (D).

Pub. L. 103–182section 1592 of this title1993—Subsec. (c). amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Any merchandise that is introduced or attempted to be introduced into the United States contrary to law (other than in violation of ) may be seized and forfeited.”

Pub. L. 99–570, § 3123(1)1986—Subsec. (a). , (2), substituted “subsection (b) or (c) of section 1594” for “the proviso to section 1594” and “may be seized” for “shall be seized”.

Pub. L. 99–570, § 3123(3)Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–132section 607 of Pub. L. 104–132section 841 of Title 18Amendment by effective 1 year after , see , set out as a note under , Crimes and Criminal Procedure.

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 .