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a written statement of such services from such consular officer, and, after certifying as to whether such statement is correct, to furnish it to the collector of the district in which such vessels shall first arrive on their return to the United States; and if any such master of a vessel shall fail to furnish such statement, he shall be liable to a fine of not exceeding $50, unless such master shall state under oath that no such statement was furnished him by said consular officer. And it shall be the duty of every collector to forward to the Secretary of the Treasury all such statements of all certified invoices which shall have come to his office, giving the dates of the certificates, and the names of the persons for whom and of the consular officer by whom the same were certified."
The last reference to R.S. § 4213 to be found in the Customs Regulations is article 117 of the Customs Regulations of 1937, which stated:
"ART. 117. CONSULAR SERVICES TO MASTERS.-Masters shall deliver to the collector of the district in which the vessel shall first arrive on her return to the United States copies of all receipts given to them by consular officers for fees or charges paid to such officers. Also, masters for whom any official service shall be performed by any consular agent without the payment of a fee will require a written statement of such services from the consular agent, and, after certifying as to its correctness, will, under a penalty of $50 for failure, deliver said statement to the collector of the district in which the vessel shall first arrive on her return to the United States, which statement of services, together with the copies of receipts above referred to, for moneys paid to consular officers, shall be forwarded monthly by the collector to the Bureau of Accounts, Department of State.'
There is no similar provision in the Customs Regulations of 1943 as originally issued or as subsequently amended.
No provision is found in the Customs Regulations from 1892 to date concerning the direction to the collector to forward to the Secretary a statement of all certified invoices which shall have come to his office. Article 1264 of the Customs Regulations of 1892 lists "accounts, estimates, reports, returns, statements, etc., with their catalogue numbers, which are required to be forwarded by collctors" to the Secretary, but does not include any reference to the forwarding of a statement of all certified invoices. The office of "collector of customs" was abolished by 1965 Reorganization Plan No. 1.
Changes have been made in the phraseology of the first sentence for reasons of clarity and as required in the context of this act.
SEC. 1301. AUTHORITY FOR BOARDING VESSELS.-(a) Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs enforcement area established under [the Anti-Smuggling] chapter 11 of this Act, or at any other authorized place, without as well as within his district, and examine the manifest and other documents and papers and examine, inspect, and search the vessel or vehicle and every part thereof and any person, trunk, package, or cargo on board, and to this end may hail or stop such vessel [or vehicle,] and use all necessary force to compel compliance.
(b) Officers of the Department of the Treasury and other persons authorized by such department may go on board of any vessel at any place in the United States or within the customs waters and hail, stop, and board such vessel in the enforcement of the navigation laws and arrest or, in case of escape or attempted escape, pursue and arrest any person engaged in the breach or violation of the navigation laws.
(c) Any master of a vessel being examined as herein provided [,] who presents any forged, altered, or false document or paper to the examining officer, knowing the same to be forged, altered, or false and without revealing the fact, shall, in addition to any forfeiture to
which in consequence the vessel may be subject, be liable to a fine of not more than $5,000 nor less than $500.
(d) Any vessel [or vehicle] which, at any authorized place, is directed to come to a stop by any officer of the customs, or is directed to come to a stop by signal made by any vessel employed in the service of the customs and displaying proper insignia, shall come to a stop, and upon failure to comply a vessel [or vehicle] so directed to come to a stop shall become subject to pursuit and the master, owner, operator, or person in charge thereof shall be liable to a penalty of not more than $5,000 nor less than $1,000.
(e) If upon the examination of any vessel [or vehicle] it shall appear that a breach of the laws of the United States is being or has been committed so as to render such vessel [or vehicle,] or the merchandise, or any part thereof, on board of, or brought into the United States by, such vessel [or vehicle], liable to forfeiture or to secure any fine or penalty, the same shall be seized and any person who has engaged in such breach shall be arrested.
(f) It shall be the duty of the several officers of the customs to seize and secure any vessel[, vehicle,] or merchandise which shall become liable to seizure, and to arrest any person who shall become liable to arrest, by virtue of any law respecting the revenue, as well without as within their respective districts, and to use all necessary force to seize or arrest the same.
(g) Any vessel, within or without the customs waters, from which any merchandise is being, or has been, unlawfully introduced into the United States by means of any boat belonging to, or owned, controlled, or managed in common with, said vessel, shall be deemed to be employed within the United States and, as such, subject to the provisions of this section.
(h) The provisions of this section shall not be construed to authorize or require any officer of the United States to enforce any law of the United States 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 said 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.
This section is based on title 19, U.S.C. 1964 ed., § 1581 (June 17, 1930, c. 497, title IV, § 581, 46 Stat. 747; Aug. 5, 1935, c. 438, title II, § 203, 49 Stat. 521; 1946 Reorganization Plan No. 3, §§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 1, 1954, c. 1213, title V, § 504, 68 Stat. 1141).
This section is an adaptation of so much of section 581 of the Tariff Act of 1930, as amended, as concerns the authority of an officer of the customs, as that term is defined in section 101 of this act, to board vessels in connection with the enforcement of the provisions of chapter 11 of this act. The several references to "or vehicle" have been omitted as beyond the scope of this act.
A change has been made in phraseology as required in the context of this act.
SEC. 1302. OBSTRUCTION OF BOARDING OFFICERS BY MASTERS OF VESSELS.-If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying
into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500.
This section is based on title 19, U.S.C., 1964 ed., § 70 (R.S. § 3068; Aug. 5, 1935, c. 438, title III, § 307, 49 at. 528).
This section is unchanged.
SEC. 1303. EXAMINATION OF HOVERING VESSELS.-(a) Any hovering vessel, or any vessel which fails (except for unavoidable cause), at any place within the customs waters or within a customs-enforcement area established under [the Anti-Smuggling] chapter 11 of this Act, to display lights as required by law, or which has become subject to pursuit as provided in section  1301 of this Act, or which, being a foreign vessel to which subsection (h) of said section  1301 applies, is permitted by special arrangement with a foreign government to be so examined without the customs waters of the United States, may at any time be boarded and examined by any officer of the customs, and the provisions of said section  1301 shall apply thereto, as well without as within his district, and in examining the same[,] any such officer may also examine the master upon oath respecting the cargo and voyage of the vessel, and may also bring the vessel into the most convenient port of the United States to examine the cargo, and if the master of said vessel refuses to comply with the lawful directions of such officer or does not truly answer such questions as are put to him respecting the vessel, its cargo, or voyage, he shall be liable to a penalty of not more than $5,000 nor less than $500. If, upon the examination of any such vessel or its cargo by any officer of the customs, any dutiable merchandise destined to the United States is found, or discovered to have been, on board thereof, the vessel and its cargo shall be seized and forfeited. It shall be presumed that any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, so found, or discovered to have been, on board thereof, is destined to the United States.
(b) If any vessel laden with cargo be found at any place in the United States or within the customs waters or within a customsenforcement area established under [the Anti-Smuggling] chapter 11 of this Act and such vessel afterwards is 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) 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.
This section is based on title 19, U.S.C., 1964 ed., § 1587 (June 17, 1930, c. 497, title IV, § 587, 46 Stat. 749; Aug. 5, 1935, c. 438, title II, § 206, 49 Stat. 525). Changes have been made in phraseology as required in the context of this act.
CHAPTER 14-AMENDMENTS AND REPEALS
SEC. 1401. STATUTES AMENDED AND REPEALED.(a) The following laws are amended:
(1) Section 5 of the Foreign Trade Zone Act (19 U.S.C. S1e) is amended by striking the last sentence thereof.
(2) Section 448 of the Tariff Act of 1930, as amended (19 U.S.C. 1448), is amended to read as follows:
(a) [Except as provided in section 441 of this Act (relating to vessels not required to enter), no] No merchandise, passengers, or baggage shall be unladen from any [vessel or] vehicle arriving from a foreign port or place until [entry of such vessel or] report of the arrival of such vehicle has been made and a permit for the unlading of the same issued by the [collector] appropriate customs officer [: Provided, That the master may make a preliminary entry of a vessel by making oath or affirmation to the truth of the statements contained in the vessel's manifest and delivering the manifest to the customs officer who boards such vessel, but the making of such preliminary entry shall not excuse the master from making formal entry of his vessel at the customhouse, as provided by this Act]. After the [entry, preliminary or otherwise, of any vessel or] report of the arrival of any vehicle, the [collector] appropriate customs officer may issue a permit to the [master of the vessel, or to the] person in charge of the vehicle[,] to unlade merchandise or baggage, but except as provided in subdivision (b) of this section. merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the [vessel or] vehicle from which any imported merchandise is unladen prior to the entry of such merchandise shall be liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. Any merchandise or baggage so unladen from any [vessel or] vehicle for which entry is not made within forty-eight hours exclusive of Sundays and holidays from the time of the Lentry of the vessel or] report of the vehicle, unless a longer time is granted by the [collector] appropriate customs officer, as provided in section 484, shall be sent to a bonded warehouse or the public stores and held as unclaimed at the risk and expense of the consignee in the case of merchandise and of the owner in the case of baggage, until entry thereof is made.
(b) The Secretary of the Treasury is authorized to provide by regulations for the issuing of special permits for delivery, prior to formal entry therefor, of perishable articles and other articles [,] the immediate delivery of which is necessary.
(3) Section 459 of the Tariff Act of 1930, as amended (19 U.S.C. 1459), is amended to read as follows:
The [master of any vessel of less than five net tons carrying merchandise and the] person in charge of any vehicle arriving in the United States from contiguous country  shall immediately report his arrival to the customs officer at the [port of entry or] customhouse which shall be nearest to the place at which such [vessel or] vehicle shall cross the boundary line [or shall enter the territorial waters of the United States], and if such [vessel or] vehicle have on board any merchandise, shall produce to such customs officer a manifest as required by law, and no such [vessel or] vehicle shall proceed farther inland nor shall discharge [or land] any merchandise, passengers, or baggage without receiving a permit therefor from such customs officer. Any person importing or bringing merchandise into the United States from a contiguous country otherwise than in a vessel or vehicle shall immediately report his arrival to the customs officer at the [port of entry or] customhouse which shall be nearest to the place at which he shall cross the boundary line and shall present such merchandise to such customs officer for inspection.
(4) Section 460 of the Tariff Act of 1930, as amended (19 U.S.C. 1460), is amended to read as follows:
The [master of any vessel or the] person in charge of any vehicle who fails to report arrival in the United States as required by section 459 of this Act, or if so reporting proceeds further inland without a permit from the proper customs officer, shall be subject to a penalty of $100 for each offense. If any merchandise is imported or brought into the United States in any [vessel or] vehicle from a contiguous country, which [vessel,] vehicle  or merchandise is not so reported to the proper customs officers, or if the [master of such vessel or the] person in charge of such vehicle fails to file a manifest for the merchandise carried therein, or discharges [or lands] such merchandise without a permit; such merchandise and the [vessel or] vehicle, if any, in which it was imported or brought into the United States shall be subject to forfeiture; and the [master of such vessel or the person in charge of such vehicle, or the person importing or bringing in merchandise other than in a [vessel or] vehicle, shall, in addition to any other penalty, be liable to a penalty equal to the value of the merchandise which was not reported, or not included in the manifest, or which was discharged [or landed] without a permit. If any [vessel or vehicle not so reported carries any passenger; or if any passenger is discharged [or landed] from any such [vessel or] vehicle before it is so reported, or after such report but without a permit; the [master of the vessel or the] person in charge of the vehicle shall, in addition to any other penalty, be liable to a penalty of $500 for each passenger so carried [,] or discharged, or landed].