1625-0106 Stat/Authority

§ 193

TITLE 50—WAR AND NATIONAL DEFENSE

violation of the customs revenue laws; and the
person guilty of such failure, obstruction, or interference shall be punished by imprisonment
for not more than ten years and may, in the discretion of the court, be fined not more than
$10,000.
(b) Application to others
If any other person knowingly fails to comply
with any regulation or rule issued or order given
under the provisions of this title,1 or knowingly
obstructs or interferes with the exercise of any
power conferred by this title,1 he shall be punished by imprisonment for not more than ten
years and may, at the discretion of the court, be
fined not more than $10,000.
(c) Civil penalty
A person violating this title,1 or a regulation
prescribed under this title,1 shall be liable to the
United States Government for a civil penalty of
not more than $25,000 for each violation. Each
day of a continuing violation shall constitute a
separate violation.
(d) In rem liability
Any vessel that is used in violation of this
title,1 or of any regulation issued under this
title,1 shall be liable in rem for any civil penalty
assessed pursuant to subsection (c) of this section and may be proceeded against in the United
States district court for any district in which
such vessel may be found.
(e) Withholding of clearance
(1) In general
If any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty
or fine under subsection (c) of this section, or
if reasonable cause exists to believe that the
owner, agent, master, officer, or person in
charge may be subject to a penalty or fine
under this section, the Secretary may, with
respect to such vessel, refuse or revoke any
clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other surety
The Secretary may require the filing of a
bond or other surety as a condition of granting
clearance refused or revoked under this subsection.
(June 15, 1917, ch. 30, title II, § 2, 40 Stat. 220;
Mar. 28, 1940, ch. 72, § 3(a), 54 Stat. 79; Nov. 15,
1941, ch. 471, § 3, 55 Stat. 763; Aug. 9, 1950, ch. 656,
§ 3, 64 Stat. 428; Pub. L. 107–295, title I, § 104(b),
Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title
VIII, § 802(b), Aug. 9, 2004, 118 Stat. 1079.)
REFERENCES IN TEXT
This title, referred to in subsecs. (a) to (d), means
title II of act June 15, 1917, ch. 30, 40 Stat. 220, as
amended, which enacted sections 191 and 192 to 194 of
this title. For complete classification of title II to the
Code, see Tables.
CODIFICATION
In subsec. (e)(1), ‘‘section 60105 of title 46’’ substituted
for ‘‘section 4197 of the Revised Statutes of the United
States (46 U.S.C. App. 91)’’ on authority of Pub. L.
109–304, § 18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
AMENDMENTS
2004—Subsec. (c). Pub. L. 108–293, § 802(b)(1), substituted ‘‘title’’ for ‘‘Act’’ in two places.

Page 38

Subsecs. (d), (e). Pub. L. 108–293, § 802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former
subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out ‘‘by the Secretary
of the Treasury or the Governor of the Panama Canal’’
before ‘‘under the provisions of this title’’.
1940—Act Mar. 28, 1940, increased term of imprisonment.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 193. Repealed. June 25, 1948, ch. 645, § 21, 62
Stat. 862
Section, acts June 15, 1917, ch. 30, title II, § 3, 40 Stat.
220; Mar. 28, 1940, ch. 72, § 3(b), 54 Stat. 79, related to destruction of, injury to, or improper use of vessels. See
section 2274 of Title 18, Crimes and Criminal Procedure.
EFFECTIVE DATE OF REPEAL
Repeal effective Sept. 1, 1948, see section 38 of act
June 25, 1948, set out as an Effective Date note preceding section 1 of Title 28, Judiciary and Judicial Procedure.

§ 194. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out the purpose of this title.1
(June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220;
Aug. 9, 1950, ch. 656, § 2, 64 Stat. 428.)
REFERENCES IN TEXT
This title, referred to in text, means title II of act
June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of this Act to the Code, see Tables.
AMENDMENTS
1950—Act Aug. 9, 1950, authorized President to employ
such departments, agencies, etc., as he may deem necessary to carry out title II of act June 15, 1917.
TERMINATION DATE OF 1950 AMENDMENT
For termination of amendment by act Aug. 9, 1950,
see section 4 of act Aug. 9, 1950, set out as a note under
section 191 of this title.

§ 195. Definitions
In this Act:
(1) UNITED STATES.—The term ‘‘United
States’’ includes all territory and waters, continental or insular, subject to the jurisdiction
of the United States.
(2) TERRITORIAL WATERS.—The term ‘‘territorial waters of the United States’’ includes
all waters of the territorial sea of the United
States as described in Presidential Proclamation 5928 of December 27, 1988.
(June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231;
Pub. L. 96–70, title III, § 3302(b), Sept. 27, 1979, 93
Stat. 498; Pub. L. 107–295, title I, § 104(a), Nov. 25,
2002, 116 Stat. 2085.)
REFERENCES IN TEXT
This Act, referred to in text, means act June 15, 1917,
ch. 30, 40 Stat. 217, as amended. For complete classification of this Act to the Code, see Tables.
1 See

References in Text note below.