19 U.S.C. § 1709 | Definitions

When used in this Act:

(a)

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.

(b)

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.

(c)

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.

(d)

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.

Aug. 5, 1935, ch. 438 49 Stat. 529 June 25, 1938, ch. 679, § 2 52 Stat. 1077July 4, 194660 Stat. 1352 June 30, 1955, ch. 258, § 2(b)69 Stat. 242(, title IV, § 401, ; , ; Proc. No. 2695, , 11 F.R. 7517, ; , .)

Editorial Notes

References in Text

Aug. 5, 1935This Act, referred to in text, means act , which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables.

section 3602(b) of Title 22For definition of Canal Zone, referred to in subsec. (a), see , Foreign Relations and Intercourse.

Codification

section 1394 of Title 22Words “the Philippine Islands” in subsec. (a) were omitted on authority of Proc. No. 2695, which is set out as a note under , Foreign Relations and Intercourse, and in which the President proclaimed the independence of the Philippines.

Amendments

June 30, 19551955—Subsec. (a). Act , inserted “Johnston Island”.

June 25, 19381938—Subsec. (a). Act , inserted “Wake Island, Midway Islands, Kingman Reef” before “and the island of Guam.”

Statutory Notes and Related Subsidiaries

Effective Date of 1955 Amendment

June 30, 1955July 1, 1955section 1401 of this titleAmendment by act , effective , see note set out under .

Effective Date of 1938 Amendment

June 25, 1938June 25, 1938June 25, 1938section 1401 of this titleAmendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .

Transfer of Functions

November 25, 2002section 542 of Title 6 Pub. L. 107–296Nov. 25, 2002section 211 of Title 6 Pub. L. 114–125 section 802(b) of Pub. L. 114–125 section 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 .

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 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 .

section 6(b)(1) of Pub. L. 89–670Oct. 15, 196680 Stat. 938 section 108 of Title 49Coast Guard transferred to Department of Transportation and functions, powers, and duties, relating to Coast Guard, of Secretary of the Treasury and of other offices and officers of Department of the Treasury transferred to Secretary of Transportation by , , . Section 6(b)(2), however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14, Coast Guard. See , Transportation.

Executive Documents

Transfer of Functions

December 31, 1966May 25, 196579 Stat. 1317All 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 as a note under section 1, of this title.

July 31, 195064 Stat. 1280Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of those officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, , 1281, set out in the Appendix to Title 5, Government Organization and Employees. Under the Plan, collectors of customs and Commandant of Coast Guard were officers of Department of the Treasury, but, in case of Coast Guard and Commandant thereof, the Plan provided that, notwithstanding transfer of functions, Coast Guard should continue to operate as a part of Navy, subject to orders of Secretary of the Navy, in time of war or when President directed, as provided in former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.