1626-0077 Stat/Authority

§ 70052

TITLE 46—SHIPPING

SEC. 4. The Secretary may seek assistance from State
and local authorities in carrying out the purposes of
this proclamation. Because State and local assistance
may be essential for an effective response to this emergency, I urge all State and local officials to cooperate
with Federal authorities and to take all actions within
their lawful authority necessary to prevent the unauthorized departure of vessels intending to enter Cuban
territorial waters.
SEC. 5. All powers and authorities delegated by this
proclamation to the Secretary may be delegated by the
Secretary to other officers and agents of the United
States Government consistent with applicable law.
SEC. 6. Any provisions of Proclamations 6867, 7757, or
9398 that are inconsistent with the provisions of this
proclamation are superseded to the extent of such inconsistency.
SEC. 7. This proclamation shall be immediately transmitted to the Congress and published in the Federal
Register.
IN WITNESS WHEREOF, I have hereunto set my
hand this twenty-second day of February, in the year of
our Lord two thousand eighteen, and of the Independence of the United States of America the two hundred
and forty-second.
DONALD J. TRUMP.

§ 70052. Seizure and forfeiture of vessel; fine and
imprisonment
(a) IN GENERAL.—If any owner, agent, master,
officer, or person in charge, or any member of
the crew of any such vessel fails to comply with
any regulation or rule issued or order given
under the provisions of this subchapter, or obstructs or interferes with the exercise of any
power conferred by this subchapter, the vessel,
together with her tackle, apparel, furniture, and
equipment, shall be subject to seizure and forfeiture to the United States in the same manner
as merchandise is forfeited for 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 subchapter, or knowingly obstructs or interferes with the exercise of any
power conferred by this subchapter, 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
subchapter, or a regulation prescribed under
this subchapter, 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 subchapter, or of any regulation issued under this subchapter, shall be liable
in rem for any civil penalty assessed pursuant to
subsection (c) 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), or if
reasonable cause exists to believe that the

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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 4197 1 of the Revised Statutes of the United States (46 U.S.C.
App. 91).
(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.
(Added Pub. L. 115–282, title IV, § 407(c)(3), Dec. 4,
2018, 132 Stat. 4267.)
REFERENCES IN TEXT
Section 4197 of the Revised Statutes of the United
States, referred to in subsec. (e)(1), was classified to
section 91 of the former Appendix to this title, prior to
repeal and restatement as section 60105 of this title by
Pub. L. 109–304, §§ 9(b), 19, Oct. 6, 2006, 120 Stat. 1675,
1710.
CODIFICATION
Section, as added by Pub. L. 115–282, is based on acts
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; Pub. L. 115–282, title IV, § 407(c)(1), (2), Dec. 4, 2018,
132 Stat. 4267, which was formerly classified to section
192 of Title 50, War and National Defense, before being
transferred to this chapter and renumbered as this section.

§ 70053. Enforcement provisions
The President may employ such departments,
agencies, officers, or instrumentalities of the
United States as he may deem necessary to
carry out this subchapter.
(Added Pub. L. 115–282, title IV, § 407(d)(3), Dec. 4,
2018, 132 Stat. 4267.)
CODIFICATION
Section, as added by Pub. L. 115–282, is based on acts
June 15, 1917, ch. 30, title II, § 4, 40 Stat. 220; Aug. 9, 1950,
ch. 656, § 2, 64 Stat. 428; Pub. L. 115–282, title IV,
§ 407(d)(1), (2), Dec. 4, 2018, 132 Stat. 4267, which was formerly classified to section 194 of Title 50, War and National Defense, before being transferred to this chapter
and renumbered as this section.

§ 70054. Definitions
In this subchapter:
(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.
(Added Pub. L. 115–282, title IV, § 407(a), Dec. 4,
2018, 132 Stat. 4266.)
REFERENCES IN TEXT
Presidential Proclamation Number 5928, referred to
in par. (2), is Proc. No. 5928, Dec. 27, 1988, 54 F.R. 777,
1 See

References in Text note below.