Title 19 — Customs Duties
Part V · Chapter 4 — Tariff Act of 1930
§ 1603. Seizure; warrants and reports
Statutory text
Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of section 1595 of this title, may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law.
Whenever a seizure of merchandise for violation of the customs laws is made, or a violation of the customs laws is discovered, and legal proceedings by the United States attorney in connection with such seizure or discovery are required, it shall be the duty of the appropriate customs officer to report promptly such seizure or violation to the United States attorney for the district in which such violation has occurred, or in which such seizure was made, and to include in such report a statement of all the facts and circumstances of the case within his knowledge, with the names of the witnesses and a citation to the statute or statutes believed to have been violated, and on which reliance may be had for forfeiture or conviction.
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.
Pub. L. 71–497 · 46 Stat. 590
Enacted · 19 U.S.C. § 1603
June 17, 1930, ch. 497, title IV, § 603, 46 Stat. 754
Source evidence
Code source credit
June 17, 1930, ch. 497, title IV, § 603, 46 Stat. 754Pub. L. 91–271 title III § 301(aa) · 84 Stat. 273
Substituted · 19 U.S.C. § 1603
Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector or principal local officer of Customs Agency Service
Source evidence
Code amendment note
Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector or principal local officer of Customs Agency Service.Enacted provision · exact public law section
(aa) Section 603 (19 U.S.C. 1603) is amended by— 52 Stat. 1089. (1) striking the word “collector’s” in the heading thereof and inserting in lieu thereof “customs officer’s”; and (2) striking the words “collector or the principal local officer of the Customs Agency Service” and inserting in lieu thereof “a ppropriate customs officer”.Effective date note
For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.Customs Procedural Reform and Simplification Act of 1978
Pub. L. 95–410 title I § 110(b) · 92 Stat. 888
Inserted · 19 U.S.C. § 1603
Pub. L. 95–410 inserted “promptly” after “to report”
Source evidence
Code amendment note
Pub. L. 95–410 inserted “promptly” after “to report”.Enacted provision · exact public law section
(b) Section 603 of the Tariff Act of 1930 (19 U.S.C. 1603) is amended by inserting “promptly” immediately after “to report”.National Commission on Measured Responses to Achieve a Drug-Free America by 1995 Authorization Act
Pub. L. 100–690 § 7365 · 102 Stat. 4181
Substituted · 19 U.S.C. § 1603
Pub. L. 100–690, § 7365, substituted “Seizure; warrants and reports” for “Seizure; customs officer’s reports” in section catchline
Added · 19 U.S.C. § 1603
Pub. L. 100–690, § 7365, added subsec. (a)
Amended · 19 U.S.C. § 1603
Pub. L. 100–690, § 7365, designated existing provisions as subsec. (b)
Source evidence
Code amendment note
Pub. L. 100–690, § 7365, substituted “Seizure; warrants and reports” for “Seizure; customs officer’s reports” in section catchline, added subsec. (a), and designated existing provisions as subsec. (b).Enacted provision · exact public law section
SEC. 7365. WARRANTS. Section 603 of the Tariff Act of 1930 (19 U.S.C. 1603) is amended— (1) by amending the section heading to read as follows: “SEC. 603. SEIZURE; WARRANTS AND REPORTS.”; and (2) by striking out “Whenever a seizure of merchandise” and inserting in lieu thereof the following: “(a) Any property which is subject to forfeiture to the United States for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of section 595 of this Act, may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law. “(b) Whenever a seizure of merchandise”.
5 of 6 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (a), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Prior Provisions
Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 603, 42 Stat. 984. That section was superseded by section 603 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
A prior provision requiring the collector or other person causing a seizure to be made to give information thereof to the Solicitor of the Treasury, was contained in R.S. § 3083, as amended by act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 247. R.S. § 3084 required collectors to report to the district attorney of the district in which any fine, penalty, or forfeiture might be incurred, a statement of all the facts and circumstances. Officers of customs detecting violations of the customs laws were required to report to the collectors, and the latter were required to report to the district attorneys, by act June 22, 1874, ch. 391, § 15, 18 Stat. 189. All of these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, §§ 642, 643, 42 Stat. 989.
Amendments1938–1988 · 4 rounds
1988
Pub. L. 100–690, § 7365, substituted “Seizure; warrants and reports” for “Seizure; customs officer’s reports” in section catchline, added subsec. (a), and designated existing provisions as subsec. (b).
1978
Pub. L. 95–410 inserted “promptly” after “to report”.
1970
Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector or principal local officer of Customs Agency Service.
1938
Act , amended section generally.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 Amendment
For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.
Effective Date of 1938 Amendment
Amendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under section 1401 of this title.
Executive Documents
Transfer of Functions
Functions of all other officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Customs Service was under Department of the Treasury.
Credits
1930–1988 · 5 acts
- 1930June 17, 1930, ch. 497, title IV, § 603, 46 Stat. 754
- 1938June 25, 1938, ch. 679, § 27, 52 Stat. 1089
- 1970Pub. L. 91–271, title III, § 301(aa), , 84 Stat. 291
- 1978Pub. L. 95–410, title I, § 110(b), , 92 Stat. 896
- 1988Pub. L. 100–690, title VII, § 7365, , 102 Stat. 4478.
Show as published
(June 17, 1930, ch. 497, title IV, § 603, 46 Stat. 754; June 25, 1938, ch. 679, § 27, 52 Stat. 1089; Pub. L. 91–271, title III, § 301(aa), , 84 Stat. 291; Pub. L. 95–410, title I, § 110(b), , 92 Stat. 896; Pub. L. 100–690, title VII, § 7365, , 102 Stat. 4478.)