Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper; or
Whoever fraudulently or knowingly imports or brings into the United States, any merchandise contrary to law, or receives, conceals, buys, sells, or in any manner facilitates the transportation, concealment, or sale of such merchandise after importation, knowing the same to have been imported or brought into the United States contrary to law—
Shall be fined under this title or imprisoned not more than 20 years, or both.
Proof of defendant’s possession of such goods, unless explained to the satisfaction of the jury, shall be deemed evidence sufficient to authorize conviction for violation of this section.
Merchandise introduced into the United States in violation of this section, or the value thereof, to be recovered from any person described in the first or second paragraph of this section, shall be forfeited to the United States.
The term “United States”, as used in this section, shall not include the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.
June 25, 1948, ch. 64562 Stat. 716Aug. 24, 1954, ch. 890, § 168 Stat. 782Sept. 1, 1954, ch. 121368 Stat. 1141June 30, 1955, ch. 258, § 2(c)69 Stat. 242Pub. L. 103–322, title XXXII, § 320903(c)108 Stat. 2125Pub. L. 104–294, title VI, § 604(b)(23)110 Stat. 3508Pub. L. 109–177, title III, § 310120 Stat. 242(, ; , ; , title V, § 507, ; , ; , title XXXIII, §§ 330004(18), 330016(1)(L), , , 2142, 2147; , , ; , , .)
Historical and Revision Notes
section 1593 of title 19June 17, 1930, ch. 49746 Stat. 751Based on , U.S.C., 1940 ed., Customs Duties (, title IV, § 593, ).
section 2 of this titleReference in first paragraph to aiders, contained in words “his, her, or their aiders and abettors” was omitted as unnecessary since such persons are made principals by . For the same reason words “or assists in so doing” in second paragraph were deleted.
section 1 of this titleWords “shall be deemed guilty of a misdemeanor,” in first paragraph were omitted in view of definition of misdemeanor in .
Conviction provision in first paragraph reading “and on conviction thereof” was deleted as surplusage since punishment cannot be imposed until a conviction is secured.
Minimum punishment provision “nor less than $50” in second paragraph was deleted.
Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction.
section 1709 of title 19The final paragraph was added to conform with , U.S.C., 1940 ed.
Changes were made in phraseology.
Editorial Notes
Amendments
Pub. L. 109–1772006—, which directed amendment of third par. by substituting “20 years” for “5 years”, was executed by making the substitution for “five years”, to reflect the probable intent of Congress.
Pub. L. 104–294Pub. L. 103–322, § 330004(18)1996— amended . See 1994 Amendment note below.
Pub. L. 103–322, § 330016(1)(L)1994—, substituted “fined under this title” for “fined not more than $10,000” in third par.
Pub. L. 103–322, § 330004(18)Pub. L. 104–294, § 604(b)(23), as amended by , struck out “Philippine Islands,” before “Virgin Islands” in last par.
Pub. L. 103–322, § 320903(c), inserted “or attempts to smuggle or clandestinely introduce” after “clandestinely introduces” in first par.
1955—Act , inserted reference to Johnston Island.
1954—Act , permitted forfeiture of value of merchandise imported in violation of section.
Act , increased fine from $5,000 to $10,000 and imprisonment from two years to five years.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–294section 604(d) of Pub. L. 104–294section 13 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1955 Amendment
section 1401 of Title 19Amendment by act , effective , see section 2(d) of act , set out as a note under , Customs Duties.
Effective Date of 1954 Amendment
Act Aug. 24, 1954, ch. 890, § 268 Stat. 783