(b) In such case and during such suspension tolls shall be levied, collected, and paid] charged as follows[, to wit]: Upon freight of whatever kind or description, not to exceed $2 per ton;], and upon passengers, not to exceed $5 each, as shall be from time to time determined by the President[:]; [Provided,] except [That] that no tolls shall be charged [or collected] upon freight or passengers carried to and landed at Ogdensburg, or any port west of Ogdensburg, and south of a line drawn from the northern boundary of the State of New York through the Saint Lawrence River, the Great Lakes, and their connecting channels to the northern boundary of the State of Minnesota.

(c) All tolls [so] charged under the provisions of this section shall be collected [under such regulations as shall be prescribed] by the Secretary [of the Treasury], who may require the master of each vessel to furnish a sworn statement of the amount and kind of cargo and the number of passengers carried and the destination of the same, and such proof of the actual delivery of such cargo or passengers at some port or place within the limits above named as he shall deem satisfactory; and until such proof is furnished such freight and passengers may be considered to have been landed at some port or place outside of those limits, and the amount of tolls which would have accrued if they had been so delivered shall constitute a lien which may be enforced against the vessel in default wherever and whenever found in the waters of the United States.

NOTE

This section is based on title 46, U.S.C., 1964 ed., §§ 144, 145 (July 26, 1892, c. 248, §§ 1, 2, 27 Stat. 267, 268; Feb. 14, 1903, c. 552, § 10, 32 Stat. 829; Mar. 4, 1913, c. 141, § 1, 37 Stat. 736; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26; §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280).

This section consolidates act July 26, 1892, c. 248, § 1, 27 Stat. 267 (46 U.S.C. 144), and act July 26, 1892, c. 248, § 2, 27 Stat. 268, as amended (46 U.S.C. 145). Subsections (a) and (b) of this section are based on 46 U.S.C. 144, and subsection (c) is based on 46 U.S.C. 145.

The word "now" in subsection (a) has been deleted as appropriate only at the time of enactment of act July 26, 1892.

The words "under such regulations as shall be prescribed" in subsection (c) have been deleted as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized generally to make such rules and regulations as may be necessary to carry out the provisions of this act.

The words "of the Treasury" in subsection (c) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

Changes have been made in phraseology as required in the context of this act.

SEC. 1014. RIGHTS UNDER LAWS AND TREATIES PRESERVED.Nothing contained in this [Title] Act or in title 48 of the Revised Statutes shall be deemed in anywise to impair any rights and privileges which have been or may be acquired by any foreign nation [under the laws and treaties of the United States] relative to the [duty] tax on tonnage of vessels, or any [other] duty on vessels, under the laws of the United States or treaties to which the United States is a party.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 135 (R.S. § 4227). The words "Act or in title 48 of the Revised Statutes" have been substituted for "Title," which word refers to title 48 of the Revised Statutes (R.S. § 41314305). Some, but not all, of the sections comprising title 48 are included in this act. Others may be included in the revision of the statutes administered by the Coast Guard now under preparation in that agency. If the Customs and Coast Guard efforts are consolidated into one bill, incorporating R.S. § 4131-4305, it then may be appropriate to delete "or in title 48 of the Revised Statutes" from the final draft of this section.

The word "tax" has been substituted for "duty" consistent with section 1001 of this act and for the reasons stated in the note thereto.

Changes have been made in phraseology as required in the context of this act.

SEC. 1015. RIGHTS OF CUBAN VESSELS.-Vessels owned by citizens of Cuba and documented as such shall be entitled in ports of the United States to the rights and privileges of vessels of the most favored nation, and they and their cargoes shall be subject to no higher charges in ports of the United States than are imposed on the vessels and cargoes of the most favored nation in the same trade.

NOTE

This section is based on title 46, U.S.C., 1964 ed., § 131 (Feb. 10, 1900, c. 15, §1, 31 Stat. 27).

This section is unchanged.

Act Sept. 4, 1961, § 620(a), 75 Stat. 444, as amended Aug. 1, 1962, § 301(d), 76 Stat. 260, authorized the President to establish an embargo upon all trade between the United States and Cuba, and this was done by Proclamation No. 3447, Feb. 6, 1962, 27 F.R. 1085. This section is retained, however, with a view to future normalization of relations between the United States and Cuba.

SEC. 1016. FEDERAL LAWS LEVYING TONNAGE DUTIES OR LIGHT MONEY INAPPLICABLE TO VIRGIN ISLANDS OF THE UNITED STATES.No Federal laws levying tonnage [duties] taxes or light money, or entrance and clearance fees] shall apply to the Virgin Islands of the United States.

NOTE

This section is based on title 48, U.S.C., 1964 ed., § 1405c, subsection (c) (June 22, 1936, c. 699, § 4, 49 Stat. 1808; Aug. 7, 1939, c. 515, 53 Stat. 1242; Oct. 31, 1951, c. 654, § 1(127), 65 Stat. 706).

The word "taxes" has been substituted for "duties" following "tonnage" consistent with section 1001 of this act and for the reasons stated in the note thereto. The reference to ", or entrance and clearance fees" has been omited as covered by section 1210 of this act.

A change has been made in phraseology as required in the context of this act.

CHAPTER 11-SMUGGLING

SEC. 1101. ESTABLISHMENT OF CUSTOMS-ENFORCEMENT AREA; EXTENT AND DURATION; ENFORCEMENT OF LAWS APPLICABLE TO WATERS ADJACENT TO CUSTOMS WATERS.-(a) Whenever the President finds and declares that at any place or within any area on the high seas adjacent to but outside customs waters any vessel or vessels hover or are being kept off the coast of the United States and that,

by virtue of the presence of any such vessel or vessels at such place or within such area, the unlawful introduction or removal into or from the United States of any merchandise or person is being or may be occasioned, promoted, or threatened, the place or area so found and declared shall constitute a customs-enforcement area for the purposes of this chapter. Only such waters on the high seas shall be within a customs-enforcement area as the President finds and declares are in such proximity to such vessel or vessels that such unlawful introduction or removal of merchandise or persons may be carried on by or to or from such vessel or vessels. No customs-enforcement area shall include any waters more than one hundred nautical miles from the place or immediate area where the President declares such vessel or vessels are hovering or are being kept and, not withstanding the foregoing provision, shall not include any waters more than fifty nautical miles outwards from the outer limit of customs waters. Whenever the President finds that, within any customs-enforcement area, the circumstances no longer exist which gave rise to the declaration of such area as a customs-enforcement area, he shall so declare, and thereafter, and until a further finding and declaration is made under this subsection with respect to waters within such area, no waters within such area shall constitute a part of such customsenforcement area. The provisions of law applying to the high seas adjacent to customs waters of the United States shall be enforced in a customs-enforcement area upon any vessel, merchandise, or person found therein.

(b) At any place within a customs-enforcement area [the several] officers of the customs may go on board [of] any vessel and examine the vessel and any merchandise or person on board, and bring the same into port, and, subject to regulations of the Secretary [of the Treasury], it shall be their duty to pursue and seize or arrest and otherwise enforce upon such vessel, merchandise, or person, the provisions of law which are made effective thereto in pursuance of subsection (a) of this section in the same manner as such officers are or may be authorized or required to do in like case at any place in the United States by virtue of any law respecting the revenue: Provided, That nothing contained in this section or in any other provision of law respecting the revenue shall be construed to authorize or to require any officer of the United States to enforce any law thereof upon the high seas upon a foreign vessel in contravention of any treaty with a foreign government enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States except as such authorities are or may otherwise be enabled or permitted under special arrangement with such foreign government. [Provided further, That none of the provisions of this Act shall be construed to relieve the Secretary of the Treasury of any authority, responsibility, or jurisdiction now vested in or imposed on that officer.]

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1701 (Aug. 5, 1935, c. 438, title I, 1, 49 Stat. 517; 1946 Reorganization Plan No. 3, eff. July 16, 1946, §§ 101-104, 11 F.R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280; 1965 Reorganization Plan No. 1, §§ 1, 2, eff. May 25, 1965, 30 F. R. 7035, 79 Stat. 1317).

The words "of the Treasury" following "Secretary" in subsection (b) have been deleted as surplusage because "Secretary" is defined as "Secretary of the Treasury" in section 101 of this act.

The words "the several" and "of" in subsection (b) have been deleted as surplusage.

The proviso at the end of subsection (b) has been deleted as surplusage. Originally enacted as § 1 of the act Aug. 5, 1935, the proviso referred to the "Secretary of Commerce" and was designed to prevent a conflict in authority between the Secretaries of the Treasury and of Commerce in view of new duties conferred upon the Secretary of the Treasury by that act. The authority, responsibility, and jurisdiction referred to, then vested in the Secretary of Commerce, however, was transferred to the Secretary of the Treasury by 1946 Reorganization Plan No. 3, and the proviso, therefore, no longer is necessary.

SEC. 1102. SEIZURE AND FORFEITURE OF VESSELS.-(a) Whenever any vessel which shall have been built, purchased, fitted out in whole or in part, or held, in the United States or elsewhere, for the purpose of being employed to defraud the revenue or to smuggle any merchandise into the United States, or to smuggle any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, or whenever any vessel which shall be found, or discovered to have been employed, or attempted to be employed, within the United States for any such purpose, or in anywise in assistance thereof, or whenever any vessel of the United States which shall be found, or discovered to have been, employed, or attempted to be employed at any place, for any such purpose, or in anywise in assistance thereof, if not subsequently forfeited to the United States or to a foreign government, is found at any place at which any such vessel may be examined by an officer of the customs in the enforcement of any law respecting the revenue, the said vessel and its cargo shall be seized and forfeited.

(b) Every vessel which is documented, owned, or controlled in the United States, and every vessel of foreign registry which is, directly or indirectly, substantially owned or controlled by any citizen of, or corporation incorporated, owned, or controlled in, the United States, shall, for the purposes of this section, be deemed a vessel of the United States.

(c) For the purposes of this section, the fact that a vessel has become subject to pursuit as provided in section [1581] 1301 of [the Tariff Act of 1930, as amended,] this Act or is a hovering vessel, or that a vessel fails, at any place within the customs waters of the United States or within a customs-enforcement area, to display lights as required by law, shall be prima facie evidence that such vessel is being, or has been, or is attempted to be employed to defraud the revenue of the United States.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1703 Aug. 5, 1935, c. 438, title I, § 3, 49 Stat. 518).

Changes in phraseology have been made as required in the context of this act.

SEC. 1103. REFUSAL OF DOCUMENTATION ON EVIDENCE THAL VESSEL ENGAGING IN SMUGGLING; APPEAL; IMMUNITY FROM LIABILITY. [Subject to appeal to the Secretary of the Treasury and under such regulations as he may prescribe, whenever] Whenever the [collector of customs of the district in which any vessel is, or is sought to be, registered, enrolled, licensed, or numbered,] Secretary is shown upon evidence which he deems sufficient that [such] any vessel which is, or is sought to be, registered, enrolled, enrolled and licensed, licensed, or numbered under the provisions of subsection (d), section 3, of the Federal Boating Act of 1958, as amended, is being, or is intended to be, employed to smuggle, transport, or otherwise assist in the unlawful introduction or importation into the United States any merchandise or person, or to smuggle any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, or whenever, from the design or fittings of any vessel or the nature of any repairs made thereon, it is apparent to [such collector] the Secretary that such vessel has been built or adapted for the purpose of smuggling merchandise, the [said collector] Secretary shall revoke the registry, enrollment, enrollment and license, license, or number of said vessel or refuse the same if application be made therefor, as the case may be[.], [Such collector] and the Secretary and all persons acting by or under his direction shall be indemnified from any penalties or actions for damages for carrying out the provisions of this section.

NOTE

This section is based on title 19, U.S.C., 1964 ed., § 1704 (Aug. 5, 1935, c. 438, title I, § 4, 49 Stat. 519; 1946 Reorganization Plan No. 3, eff. July 16, 1946, §§ 101-104, 11 F. R. 7875, 60 Stat. 1097; 1950 Reorganization Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280).

The words "Subject to appeal to the Secretary of the Treasury" and references to "collector of customs" and "collector" have been deleted because the functions which are the subject of this section are vested in the Secretary of the Treasury by 1950 Reorganization Plan No. 26 and the office of "collector of customs" was abolished by 1965 Reorganization Plan No. 1. Since the authority is in the Secretary, reference to an appeal to him is unnecessary, and the manner in which an appeal may be taken from the decision of a subordinate to whom he may delegate his authority may be the subject of "such regulations as he may prescribe," which quoted words also have been deleted, however, as unnecessary in view of subsection (a) of section 103 of this act under which the Secretary is authorized, generally, to make such rules and regulations as may be necessary to carry out the provisions of this act.

The words "registered, enrolled, enrolled and licensed, licensed, or numbered under the provisions of subsection (d), section 3, of the Federal Boating Act of 1958, as amended," have been substituted for "registered, enrolled, licensed, or numbered" to show with particularity that the section is applicable to "enrolled and licensed❞ vessels and to designate the statute under which vessels are federally numbered, which statute is not included in this act.

Changes in phraseology have been made as required in the context of this act.

SEC. 1104. IMPORTATION IN VESSELS UNDER THIRTY TONS; LICENSES; LABELS AS PRIMA FACIE EVIDENCE OF FOREIGN ORIGIN OF MERCHANDISE. Except into the districts adjoining to [the Dominion of] Canada, or into the districts adjacent to Mexico, no merchandise of foreign growth or manufacture subject to the payment of duties shall be brought into the United States from any foreign port or place, or from any hovering vessel, in any vessel of less than thirty