Page 243 TITLE 19—CUSTOMS DUTIES § 1592 possible for such merchandise, or any part (4) The external display of false registration thereof, to be introduced into the United numbers, false country of registration, or, in States unlawfully. the case of a vessel, false vessel name. (c) Civil penalties (5) The presence on board of unmanifested merchandise, the importation of which is pro- Any person who violates any provision of this hibited or restricted. section is liable for a civil penalty equal to (6) The presence on board of controlled sub- twice the value of the merchandise involved in stances which are not manifested or which are the violation, but not less than $10,000. The not accompanied by the permits or licenses re- value of any controlled substance included in quired under Single Convention on Narcotic the merchandise shall be determined in accord- Drugs or other international treaty. ance with section 1497(b) of this title. (7) The presence of any compartment or (d) Criminal penalties equipment which is built or fitted out for smuggling. In addition to being liable for a civil penalty (8) The failure of a vessel to stop when under subsection (c) of this section, any person hailed by a customs officer or other govern- who intentionally commits a violation of any ment authority. provision of this section is, upon conviction— (1) liable for a fine of not more than $10,000 (June 17, 1930, ch. 497, title IV, § 590, as added or imprisonment for not more than 5 years, or Pub. L. 99–570, title III, § 3120, Oct. 27, 1986, 100 both, if none of the merchandise involved was Stat. 3207–84.) a controlled substance; or PRIOR PROVISIONS (2) liable for a fine of not more than $250,000 A prior section 1590, act June 17, 1930, ch. 497, title IV, or imprisonment for not more than 20 years, § 590, 46 Stat. 750, related to false drawback claims, or both, if any of the merchandise involved prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. was a controlled substance. 862, eff. Sept. 1, 1948. See section 550 of Title 18, Crimes and Criminal Procedure. (e) Seizure and forfeiture TERRITORIAL SEA OF UNITED STATES (1) Except as provided in paragraph (2), a ves- sel or aircraft used in connection with, or in aid- For extension of territorial sea of United States, see ing or facilitating, any violation of this section, Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. whether or not any person is charged in connec- tion with such violation, may be seized and for- § 1591. Repealed. June 25, 1948, ch. 645, § 21, 62 feited in accordance with the customs laws. Stat. 862, eff. Sept. 1, 1948 (2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. Section, acts June 17, 1930, ch. 497, title IV, § 591, 46 Stat. 750; Aug. 5, 1935, ch. 438, title III, § 304(a), 49 Stat. (f) ‘‘Merchandise’’ defined 527, related to fraud and personal penalties. See section As used in this section, the term ‘‘merchan- 542 of Title 18, Crimes and Criminal Procedure. dise’’ means only merchandise the importation § 1592. Penalties for fraud, gross negligence, and of which into the United States is prohibited or negligence restricted. (a) Prohibition (g) Intent of transfer of merchandise (1) General rule For purposes of imposing civil penalties under Without regard to whether the United States this section, any of the following acts, when per- is or may be deprived of all or a portion of any formed within 250 miles of the territorial sea of lawful duty, tax, or fee thereby, no person, by the United States, shall be prima facie evidence fraud, gross negligence, or negligence— that the transportation or possession of mer- (A) may enter, introduce, or attempt to chandise was unlawful and shall be presumed to enter or introduce any merchandise into the constitute circumstances indicating that the commerce of the United States by means purpose of the transfer is to make it possible for of— such merchandise, or any part thereof, to be in- (i) any document or electronically trans- troduced into the United States unlawfully, and mitted data or information, written or for purposes of subsection (e) of this section or oral statement, or act which is material section 1595a of this title, shall be prima facie and false, or evidence that an aircraft or vessel was used in (ii) any omission which is material, or connection with, or to aid or facilitate, a viola- (B) may aid or abet any other person to tion of this section: violate subparagraph (A). (1) The operation of an aircraft or a vessel (2) Exception without lights during such times as lights are required to be displayed under applicable law. Clerical errors or mistakes of fact are not (2) The presence on an aircraft of an auxil- violations of paragraph (1) unless they are part iary fuel tank which is not installed in accord- of a pattern of negligent conduct. The mere ance with applicable law. nonintentional repetition by an electronic sys- (3) The failure to identify correctly— tem of an initial clerical error does not con- (A) the vessel by name or country of reg- stitute a pattern of negligent conduct. istration, or (b) Procedures (B) the aircraft by registration number (1) Pre-penalty notice and country of registration, (A) In general when requested to do so by a customs officer If the Customs Service has reasonable or other government authority. cause to believe that there has been a viola- § 1592 TITLE 19—CUSTOMS DUTIES Page 244 tion of subsection (a) of this section and de- (2) Gross negligence termines that further proceedings are war- A grossly negligent violation of subsection ranted, it shall issue to the person concerned (a) of this section is punishable by a civil pen- a written notice of its intention to issue a alty in an amount not to exceed— claim for a monetary penalty. Such notice (A) the lesser of— shall— (i) the domestic value of the merchan- (i) describe the merchandise; dise, or (ii) set forth the details of the entry or (ii) four times the lawful duties, taxes, introduction, the attempted entry or in- and fees of which the United States is or troduction, or the aiding or procuring of may be deprived, or the entry or introduction; (iii) specify all laws and regulations al- (B) if the violation did not affect the as- legedly violated; sessment of duties, 40 percent of the dutiable (iv) disclose all the material facts which value of the merchandise. establish the alleged violation; (3) Negligence (v) state whether the alleged violation A negligent violation of subsection (a) of occurred as a result of fraud, gross neg- this section is punishable by a civil penalty in ligence, or negligence; an amount not to exceed— (vi) state the estimated loss of lawful du- (A) the lesser of— ties, taxes, and fees, if any, and, taking (i) the domestic value of the merchan- into account all circumstances, the dise, or amount of the proposed monetary penalty; (ii) two times the lawful duties, taxes, and and fees of which the United States is or (vii) inform such person that he shall may be deprived, or have a reasonable opportunity to make (B) if the violation did not affect the as- representations, both oral and written, as sessment of duties, 20 percent of the dutiable to why a claim for a monetary penalty value of the merchandise. should not be issued in the amount stated. (4) Prior disclosure (B) Exceptions If the person concerned discloses the circum- The preceding subparagraph shall not stances of a violation of subsection (a) of this apply if— section before, or without knowledge of, the (i) the importation with respect to which commencement of a formal investigation of the violation of subsection (a) of this sec- such violation, with respect to such violation, tion occurs is noncommercial in nature, or merchandise shall not be seized and any mone- (ii) the amount of the penalty in the pen- tary penalty to be assessed under subsection alty claim issued under paragraph (2) is (c) of this section shall not exceed— $1,000 or less. (A) if the violation resulted from fraud— (2) Penalty claim (i) an amount equal to 100 percent of the After considering representations, if any, lawful duties, taxes, and fees of which the made by the person concerned pursuant to the United States is or may be deprived, so notice issued under paragraph (1), the Customs long as such person tenders the unpaid Service shall determine whether any violation amount of the lawful duties, taxes, and of subsection (a) of this section, as alleged in fees at the time of disclosure, or within 30 the notice, has occurred. If the Customs Serv- days (or such longer period as the Customs ice determines that there was no violation, it Service may provide) after notice by the shall promptly issue a written statement of Customs Service of its calculation of such the determination to the person to whom the unpaid amount, or notice was sent. If the Customs Service deter- (ii) if such violation did not affect the mines that there was a violation, it shall issue assessment of duties, 10 percent of the du- a written penalty claim to such person. The tiable value; or written penalty claim shall specify all changes (B) if such violation resulted from neg- in the information provided under clauses (i) ligence or gross negligence, the interest through (vi) of paragraph (1)(A).