19 U.S.C. 1589a

Page 213

TITLE 19—CUSTOMS DUTIES

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.)
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 1554 of this title.

§ 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 Repealed.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.
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
Oct. 30, 1984, Pub. L. 98–573, title II, § 213(a)(17),
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

§ 1590

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
possible for such merchandise, or any part
thereof, to be introduced into the United
States unlawfully.
(c) Civil penalties
Any person who violates any provision of this
section is liable for a civil penalty equal to
twice the value of the merchandise involved in
the violation, but not less than $10,000. The
value of any controlled substance included in
the merchandise shall be determined in accordance with section 1497(b) of this title.
(d) Criminal penalties
In addition to being liable for a civil penalty
under subsection (c) of this section, any person
who intentionally commits a violation of any
provision of this section is, upon conviction—
(1) liable for a fine of not more than $10,000
or imprisonment for not more than 5 years, or
both, if none of the merchandise involved was
a controlled substance; or
(2) liable for a fine of not more than $250,000
or imprisonment for not more than 20 years,
or both, if any of the merchandise involved
was a controlled substance.
(e) Seizure and forfeiture
(1) Except as provided in paragraph (2), a vessel or aircraft used in connection with, or in aiding or facilitating, any violation of this section,
whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with the customs laws.
(2) Paragraph (1) does not apply to a vessel or
aircraft operated as a common carrier.
(f) ‘‘Merchandise’’ defined
As used in this section, the term ‘‘merchandise’’ means only merchandise the importation
of which into the United States is prohibited or
restricted.
(g) Intent of transfer of merchandise
For purposes of imposing civil penalties under
this section, any of the following acts, when performed within 250 miles of the territorial sea of
the United States, shall be prima facie evidence
that the transportation or possession of merchandise was unlawful and shall be presumed to
constitute circumstances indicating that the
purpose of the transfer is to make it possible for
such merchandise, or any part thereof, to be in-