§ 1436. Penalties for violations of arrival, reporting, entry, and clearance requirements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–497 · 46 Stat. 590

   Enacted · 19 U.S.C. § 1436

   June 17, 1930, ch. 497, title IV, § 436, 46 Stat. 711

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 436, 46 Stat. 711

2. 1986

   Customs Enforcement Act of 1986

   Pub. L. 99–570 title III § 3113(a) · 100 Stat. 3207

   Amended · 19 U.S.C. § 1436

   Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: “Every master who fails to make the report or entry provided for in sections 1433, 1434, or 1435 of this title shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment

   Source evidence

   Code amendment note
   Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: “Every master who fails to make the report or entry provided for in sections 1433, 1434, or 1435 of this title shall, for each offense, be liable to a fine of not more than $1,000 and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the importation of which into the United States is prohibited, or any spirits, wines, or other alcoholic liquors, such master shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and imprisonment.

   “Every master who presents a forged, altered, or false document or paper on making entry of a vessel as required by section 1434 or 1435 of this title, 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 $50 or to imprisonment for not more than two years, or to both such fine and imprisonment.”

   Enacted provision · exact public law section
   (a) For Violations of Arrival, Reporting, and Entry Requirements.—Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended to read as follows: “SEC. 436. PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, AND ENTRY REQUIREMENTS. “(a) Unlawful Acts.— It is unlawful— “(1) Ante, p. 3207–80. to fail to comply with section 433; “(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under section 433(d) without revealing the facts; “(3) 19 USC 1434, 1435.19 USC 1644. to fail to make entry as required by section 434, 435, or 644 of this Act or section 1109 of the Federal Aviation Act (49 U.S.C. App. 1509); or “(4) to fail to comply with, or violate, any regulation prescribed under any section referred to in any of paragraphs (1) through (3). “(b) Civil Penalty.— Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection (a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture “(c) Criminal Penalty.— In addition to being liable for a civil penalty under subsection (b), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection (a) is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for conveyances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both. “(d) Additional Civil Penalty.— If any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a conveyance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in section 584, the master, individual in charge of a vehicle, or 19 USC 1584. pilot shall be liable to the penalties prescribed in that section.”.

3. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 611(2) · 107 Stat. 2057

   Substituted · 19 U.S.C. § 1436

   Pub. L. 103–182, § 611(2), substituted “entry, and clearance” for “and entry” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–182, § 611(2), substituted “entry, and clearance” for “and entry” in section catchline.

   Enacted provision · exact public law section
   (2) by striking out “and entry” in the section heading and inserting “entry, and clearance”.

4. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 611(1)(A) · 107 Stat. 2057

   Substituted · 19 U.S.C. § 1436(a)(1)

   Pub. L. 103–182, § 611(1)(A), substituted “section 1431, 1433, or 1434 of this title or section 91 of title 46, Appendix” for “section 1433 of this title”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–182, § 611(1)(A), substituted “section 1431, 1433, or 1434 of this title or section 91 of title 46, Appendix” for “section 1433 of this title”.

   Enacted provision · exact public law section
   (A) by striking out “433” in paragraph (1) and inserting “431, 433, or 434 of this Act or section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)”,

5. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 611(1)(B) · 107 Stat. 2057

   Amended · 19 U.S.C. § 1436(a)(2); 19 U.S.C. § 1436(a)(3)

   Pub. L. 103–182, § 611(1)(B), (C), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:

   Source evidence

   Code amendment note
   Subsec. (a)(2), (3). Pub. L. 103–182, § 611(1)(B), (C), amended pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read as follows:

   “(2) to present any forged, altered, or false document, paper, or manifest to a customs officer under section 1433(d) of this title without revealing the facts; “(3) to fail to make entry as required by section 1434, 1435, or 1644 of this title or section 1509 of title 49, Appendix; or”.

   Enacted provision · exact public law section
   (B) by amending paragraph (2) to read as follows: “(2) to present or transmit, electronically or otherwise, any forged, altered, or false document, paper, information, data or manifest to the Customs Service under section 431(e), 433(d), or 434 of this Act or section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91) without revealing the facts; or”, and

6. 1996

   Miscellaneous Trade and Technical Corrections Act of 1996

   Pub. L. 104–295 § 21(e)(3) · 110 Stat. 3514

   1. Substituted · 19 U.S.C. § 1436(a)(2)

      Pub. L. 104–295 substituted “1431” for “1431(e)”

   2. Struck · 19 U.S.C. § 1436(a)(2)

      Pub. L. 104–295 struck out “or” after semicolon at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 104–295 substituted “1431” for “1431(e)” and struck out “or” after semicolon at end.

   Enacted provision · exact public law section
   (3) Section 436(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1436(a)(2)) is amended— (A) by striking “431(e)” and inserting “431”; and (B) by striking “or” after the semicolon at the end.

7. 2018

   Synthetics Trafficking and Overdose Prevention Act of 2018

   Pub. L. 115–271 title VIII § 8007 · 132 Stat. 3894

   Added · 19 U.S.C. § 1436(e)

   Pub. L. 115–271 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 115–271 added subsec. (e).

   Enacted provision · exact public law section
   SEC. 8007. CIVIL PENALTIES FOR POSTAL SHIPMENTS.   Section 436 of the Tariff Act of 1930 (19 U.S.C. 1436) is amended by adding at the end the following new subsection: “(e) Civil Penalties for Postal Shipments.— “(1) Civil penalty.— A civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002. “(2) Modification of civil penalty.— “(A) In general.— U.S. Customs and Border Protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph (1) if U.S. Customs and Border Protection determines that the United States Postal Service— “(i) has a low error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002; “(ii) is cooperating with U.S. Customs and Border Protection with respect to the violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002; or “(iii) has taken remedial action to prevent future violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002. “(B) Written notification.— U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph (A) to reduce or dismiss a civil penalty imposed pursuant to paragraph (1). “(3) Ongoing lack of compliance.— If U.S. Customs and Border Protection determines that the United States Postal Service— “(A) has repeatedly committed violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002, “(B) has failed to cooperate with U.S. Customs and Border Protection with respect to violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002, and “(C) has an increasing error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002, civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Border Protection, is taken.” .

   Effective date note
   Pub. L. 115–271, title VIII, § 8009(a), Oct. 24, 2018, 132 Stat. 4081, provided that: “This subtitle [subtitle A (§§ 8001–8009) of title VIII of Pub. L. 115–271, see Short Title of 2018 Amendment note set out under section 1 of this title] and the amendments made by this subtitle (other than the amendments made by section 8002 [amending section 58c of this title]) shall take effect on the date of the enactment of this Act [Oct. 24, 2018].”

7 of 8 references resolved to an enrolled provision · 1 partial