§ 1497. Penalties for failure to declare

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. § 1497

   June 17, 1930, ch. 497, title IV, § 497, 46 Stat. 728

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 497, 46 Stat. 728

2. 1986

   Customs Enforcement Act of 1986

   Pub. L. 99–570 title III § 3116 · 100 Stat. 3207

   Amended · 19 U.S.C. § 1497

   Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: “Any article not included in the declaration and entry as made, and, before examination of the baggage was begun, not mentioned in writing by such person, if written declaration and entry was required, or orally if written declaration and entry was not required, shall be subject to forfeiture and such person shall be liable to a penalty equal to the value of such article.”

   Source evidence

   Code amendment note
   Pub. L. 99–570 amended section generally. Prior to amendment, section read as follows: “Any article not included in the declaration and entry as made, and, before examination of the baggage was begun, not mentioned in writing by such person, if written declaration and entry was required, or orally if written declaration and entry was not required, shall be subject to forfeiture and such person shall be liable to a penalty equal to the value of such article.”

   Enacted provision · exact public law section
   SEC. 3116. PENALTIES FOR FAILURE TO DECLARE. Section 497 of the Tariff Act of 1930 (19 U.S.C. 1497) is amended to read as follows: “SEC. 497. PENALTIES FOR FAILURE TO DECLARE. “(a) In General.— (1) Any article which— “(A) is not included in the declaration and entry as made; and “(B) is not mentioned before examination of the baggage begins— “(i) in writing by such person, if written declaration and entry was required, or “(ii) orally, if written declaration and entry was not required; shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article. “(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to— “(A) if the article is a controlled substance, 200 percent of the value of the article; and “(B) if the article is not a controlled substance, the value of the article. “(b) Value of Controlled Substances.— (1) Notwithstanding any other provision of this Act, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance. “(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price at which each controlled substance is likely to be illegally sold to the consumer of such controlled substance.”.

3. 1988

   National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act

   Pub. L. 100–690 title VII § 7367(a) · 102 Stat. 4181

   Substituted · 19 U.S.C. § 1497(a)(2)(A)

   Pub. L. 100–690 substituted “1,000 percent” for “200 percent”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 100–690 substituted “1,000 percent” for “200 percent”.

   Enacted provision · exact public law section
   (a) Penalty for Failure To Declare.— Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1497), is amended by striking out “200 percent” and inserting in lieu thereof “1,000 percent”.

4. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 612(1) · 107 Stat. 2057

   Inserted · 19 U.S.C. § 1497(a)(1)(A)

   Pub. L. 103–182, § 612(1), inserted “or transmitted” after “made”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(A). Pub. L. 103–182, § 612(1), inserted “or transmitted” after “made”.

   Enacted provision · exact public law section
   (1) by inserting “or transmitted” after “made” in paragraph (1)(A); and

5. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 § 612(2) · 107 Stat. 2057

   Amended · 19 U.S.C. § 1497(a)(2)(A)

   Pub. L. 103–182, § 612(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “if the article is a controlled substance, 1,000 percent of the value of the article; and”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 103–182, § 612(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “if the article is a controlled substance, 1,000 percent of the value of the article; and”.

   Enacted provision · exact public law section
   (2) by amending paragraph (2)(A) to read as follows: “(A) if the article is a controlled substance, either $500 or an amount equal to 1,000 percent of the value of the article, whichever amount is greater; and”.

4 of 5 references resolved to an enrolled provision · 1 partial