19 USC 1589a

§ 1588

TITLE 19—CUSTOMS DUTIES

found light or in ballast or having discharged its
cargo or any part thereof, and the master is unable to give a due account of the port or place
at which the cargo, or any part thereof, consisting of any merchandise the importation of
which into the United States is prohibited or
any spirits, wines, or other alcoholic liquors,
was lawfully discharged, the vessel shall be
seized and forfeited.
(c) Vessel bona fide bound from one foreign port
to another foreign port
Nothing contained in this section shall be construed to render any vessel liable to forfeiture
which is bona fide bound from one foreign port
to another foreign port, and which is pursuing
her course, wind and weather permitting.
(June 17, 1930, ch. 497, title IV, § 587, 46 Stat. 749;
Aug. 5, 1935, ch. 438, title II, § 206, 49 Stat. 525.)
REFERENCES IN TEXT
The Anti-Smuggling Act, referred to in subsecs. (a)
and (b), is act Aug. 5, 1935, ch. 438, 49 Stat. 517, as
amended, which is classified principally to chapter 5
(§ 1701 et seq.) of this title. For complete classification
of this Act to the Code, see section 1711 of this title and
Tables.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 588, 42
Stat. 981. That section was superseded by section 588 of
act June 17, 1930, comprising this section, and repealed
by section 651(a)(1) of the 1930 act.
Provisions substantially the same as those in this
section, except that they applied only to ports on the
northern, northeastern and northwestern frontiers,
were contained in R.S. § 3110, prior to repeal by act
Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.
AMENDMENTS
1937—Act Aug. 5, 1935, amended section generally.

§ 1588. Transportation between American ports
via foreign ports
If any merchandise is laden at any port or
place in the United States upon any vessel belonging wholly or in part to a subject of a foreign country, and is taken thence to a foreign
port or place to be reladen and reshipped to any
other port in the United States, either by the
same or by another vessel, foreign or American,
with intent to evade the provisions relating to
the transportation of merchandise from one port
or place of the United States to another port or
place of the United States in a vessel belonging
wholly or in part to a subject of any foreign
power, the merchandise shall, on its arrival at
such last-named port or place, be seized and forfeited to the United States, and the vessel shall
pay a tonnage duty of 50 cents per net ton.
(June 17, 1930, ch. 497, title IV, § 588, 46 Stat. 749.)
§ 1589. Repealed. Pub. L. 100–690, title VII,
§ 7367(c)(5), Nov. 18, 1988, 102 Stat. 4480
Section, act June 17, 1930, ch. 497, title IV, § 589, as
added Oct. 12, 1984, Pub. L. 98–473, title II, § 320, 98 Stat.
2056, set forth arrest authority of customs officers.
CODIFICATION
Another section 589 of act June 17, 1930, was added by
Pub. L. 98–573, title II, § 213(a)(17), Oct. 30, 1984, 98 Stat.
2988, and is classified to section 1589a of this title.

Page 238

A prior section 589 of act June 17, 1930, ch. 497, title
IV, 46 Stat. 750, related to unlawful relanding and was
classified to this section, prior to repeal by act June 25,
1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 544 of Title 18, Crimes and Criminal Procedure.

§ 1589a. Enforcement authority of customs officers
Subject to the direction of the Secretary of
the Treasury, an officer of the customs may—
(1) carry a firearm;
(2) execute and serve any order, warrant,
subpena, summons, or other process issued
under the authority of the United States;
(3) make an arrest without a warrant for any
offense against the United States committed
in the officer’s presence or for a felony, cognizable under the laws of the United States
committed outside the officer’s presence if the
officer has reasonable grounds to believe that
the person to be arrested has committed or is
committing a felony; and
(4) perform any other law enforcement duty
that the Secretary of the Treasury may designate.
(June 17, 1930, ch. 497, title IV, § 589, as added
Pub. L. 98–573, title II, § 213(a)(17), Oct. 30, 1984,
98 Stat. 2988.)
CODIFICATION
Another section 589 of act June 17, 1930, as added by
Pub. L. 98–473, title II, § 320, Oct. 12, 1984, 98 Stat. 2056,
was classified to section 1589 of this title, prior to repeal by Pub. L. 100–690.
PRIOR PROVISIONS
A prior section 589 of act June 17, 1930, ch. 497, title
IV, 46 Stat. 750, related to unlawful relanding and was
classified to this section, prior to repeal by act June 25,
1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 544 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE
Section effective Oct. 15, 1984, see section 214(e) of
Pub. L. 98–573, set out as an Effective Date of 1984
Amendment note under section 1304 of this title.

§ 1590. Aviation smuggling
(a) In general
It is unlawful for the pilot of any aircraft to
transport, or for any individual on board any
aircraft to possess, merchandise knowing, or intending, that the merchandise will be introduced into the United States contrary to law.
(b) Sea transfers
It is unlawful for any person to transfer merchandise between an aircraft and a vessel on the
high seas or in the customs waters of the United
States if such person has not been authorized by
the Secretary to make such transfer and—
(1) either—
(A) the aircraft is owned by a citizen of the
United States or is registered in the United
States, or
(B) the vessel is a vessel of the United
States (within the meaning of section 1703(b)
of this title), or
(2) regardless of the nationality of the vessel
or aircraft, such transfer is made under circumstances indicating the intent to make it