§ 1629. Inspections and preclearance in foreign countries

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

   Customs Enforcement Act of 1986

   Pub. L. 99–570 title III § 3128 · 100 Stat. 3207

   Enacted · 19 U.S.C. § 1629

   June 17, 1930, ch. 497, title IV, § 629, as added Pub. L. 99–570, title III, § 3128, Oct. 27, 1986, 100 Stat. 3207–89

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 629, as added Pub. L. 99–570, title III, § 3128, Oct. 27, 1986, 100 Stat. 3207–89

   Enacted provision · exact public law section
   SEC. 3128. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES. Part V of title IV of the Tariff Act of 1930 is further amended by adding at the end thereof the following new section: “SEC. 629. INSPECTIONS AND PRECLEARANCE IN FOREIGN COUNTRIES. “(a) In General.— When authorized by treaty or executive agreement, the Secretary may station customs officers in foreign countries for the purpose of examining persons and merchandise prior to their arrival in the United States. “(b) Functions and Duties.— Customs officers stationed in a foreign country under subsection (a) may exercise such functions and perform such duties (including inspections, searches, seizures and arrests) as may be permitted by the treaty, agreement or law of the country in which they are stationed. “(c) Compliance.— The Secretary may by regulation require compliance with the customs laws of the United States in a foreign country and, in such a case the customs laws and other civil and criminal laws of the United States relating to the importation of merchandise, filing of false statements, and the unlawful removal of merchandise from customs custody shall apply in the same manner as if the foreign station is a port of entry within the customs territory of the United States. “(d) Seizures.— When authorized by treaty, agreement or foreign International agreements. law, merchandise which is subject to seizure or forfeiture under United States law may be seized in a foreign country and transported under customs custody to the customs territory to the United States to be proceeded against under the customs law. “(e) Stationing of Foreign Customs Officers in the United States.— The Secretary of State, in coordination with the Secretary, International agreements. may enter into agreements with any foreign country authorizing the stationing in the United States of customs officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions and perform such duties as United States officials may be authorized to perform in that foreign country under reciprocal agreement. “(f) Application of Certain Laws.— When customs officials of a foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country— “(1) sections 111 and 1114 of title 18, United States Code, shall apply as if the officials were designated in those sections; and “(2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.”.

2. 2003

   District of Columbia Appropriations Act, 2003

   Pub. L. 108–7 § 127(c)(1) · 117 Stat. 11

   Repealed · 19 U.S.C. § 1629(a)

   Pub. L. 108–7, § 127(c)(1), which directed insertion of “, or subsequent to their exit from,” after “prior to their arrival in” in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–7, § 127(c)(1), which directed insertion of “, or subsequent to their exit from,” after “prior to their arrival in” in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c).

   Enacted provision · exact public law section
   Sec. 127. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a “conscience clause” which provides exceptions for religious beliefs and moral convictions.

3. 2003

   District of Columbia Appropriations Act, 2003

   Pub. L. 108–7 § 127(c)(2) · 117 Stat. 11

   Repealed · 19 U.S.C. § 1629(c)

   Pub. L. 108–7, § 127(c)(2), which directed insertion of “or exportation” after “relating to the importation” and “or exit” after “port of entry” in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–7, § 127(c)(2), which directed insertion of “or exportation” after “relating to the importation” and “or exit” after “port of entry” in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c).

   Enacted provision · exact public law section
   Sec. 127. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a “conscience clause” which provides exceptions for religious beliefs and moral convictions.

4. 2003

   District of Columbia Appropriations Act, 2003

   Pub. L. 108–7 § 127(c)(3) · 117 Stat. 11

   Repealed · 19 U.S.C. § 1629(e)

   Pub. L. 108–7, § 127(c)(3), which directed substitution of “such functions,” for “such functions and” and “by treaty, agreement or law” for “under reciprocal agreement”, and insertion of “and agriculture inspection” after “States of customs” and “foreign customs”, “and the Secretary of Agriculture” after “in coordination with the Secretary”, “or that have gone directly from that country to the United States” after “to that country from the United States”, “or exportation” after “governing the importation”, “, and enjoy such privileges and immunities” after “such duties”, and “or are afforded” after “authorized to perform”, in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–7, § 127(c)(3), which directed substitution of “such functions,” for “such functions and” and “by treaty, agreement or law” for “under reciprocal agreement”, and insertion of “and agriculture inspection” after “States of customs” and “foreign customs”, “and the Secretary of Agriculture” after “in coordination with the Secretary”, “or that have gone directly from that country to the United States” after “to that country from the United States”, “or exportation” after “governing the importation”, “, and enjoy such privileges and immunities” after “such duties”, and “or are afforded” after “authorized to perform”, in section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c).

   Enacted provision · exact public law section
   Sec. 127. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a “conscience clause” which provides exceptions for religious beliefs and moral convictions.

5. 2003

   District of Columbia Appropriations Act, 2003

   Pub. L. 108–7 § 127(c)(4) · 117 Stat. 11

   Repealed · 19 U.S.C. § 1629(g)

   Pub. L. 108–7, § 127(c)(4), which directed addition of subsec. (g) to section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c)

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 108–7, § 127(c)(4), which directed addition of subsec. (g) to section 1629 of title 19, was repealed by Pub. L. 108–429, § 1561(c).

   Enacted provision · exact public law section
   Sec. 127. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a “conscience clause” which provides exceptions for religious beliefs and moral convictions.

6. 2004

   Miscellaneous Trade and Technical Corrections Act of 2004

   Pub. L. 108–429 § 1561(c) · 118 Stat. 2434

   Repealed · 19 U.S.C. § 1629

   Pub. L. 108–429, § 1561(c), repealed Pub. L. 108–7, § 127(c). See 2003 Amendment notes below

   Source evidence

   Code amendment note
   Pub. L. 108–429, § 1561(c), repealed Pub. L. 108–7, § 127(c). See 2003 Amendment notes below.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 127 of the Treasury Department Appropriations Act, 2003, 19 USC 1401, 1629 and note. is hereby repealed.

7. 2004

   Miscellaneous Trade and Technical Corrections Act of 2004

   Pub. L. 108–429 § 1561(b)(1) · 118 Stat. 2434

   Inserted · 19 U.S.C. § 1629(a)

   Pub. L. 108–429, § 1561(b)(1), inserted “, or subsequent to their exit from,” after “prior to their arrival in”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 108–429, § 1561(b)(1), inserted “, or subsequent to their exit from,” after “prior to their arrival in”.

   Enacted provision · exact public law section
   (1) in subsection (a), by inserting “, or subsequent to their exit from,” after “prior to their arrival in”;

8. 2004

   Miscellaneous Trade and Technical Corrections Act of 2004

   Pub. L. 108–429 § 1561(b)(2) · 118 Stat. 2434

   Inserted · 19 U.S.C. § 1629(c)

   Pub. L. 108–429, § 1561(b)(2), inserted “or exportation” after “relating to the importation” and “or exit” after “port of entry”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–429, § 1561(b)(2), inserted “or exportation” after “relating to the importation” and “or exit” after “port of entry”.

   Enacted provision · exact public law section
   (2) in subsection (c)— (A) by inserting “or exportation” after “relating to the importation”; and (B) by inserting “or exit” after “port of entry”;

9. 2004

   Miscellaneous Trade and Technical Corrections Act of 2004

   Pub. L. 108–429 § 1561(b)(3) · 118 Stat. 2434

   Amended · 19 U.S.C. § 1629(e)

   Pub. L. 108–429, § 1561(b)(3), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary of State, in coordination with the Secretary, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions, and perform such duties, as United States officials may be authorized to perform in that foreign country under reciprocal agreement.”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 108–429, § 1561(b)(3), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary of State, in coordination with the Secretary, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions, and perform such duties, as United States officials may be authorized to perform in that foreign country under reciprocal agreement.”

   Enacted provision · exact public law section
   (3) by amending subsection (e) to read as follows: “(e) Stationing of Foreign Customs and Agriculture Inspection Officers in the United States.— The Secretary of State, in coordination with the Secretary and the Secretary of Agriculture, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and agriculture inspection officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States, or that have gone directly from that country to the United States, comply with the customs and other laws of that country governing the importation or exportation of merchandise. Any foreign customs or agriculture inspection official stationed in the United States under this subsection may exercise such functions, perform such duties, and enjoy such privileges and immunities as United States officials may be authorized to perform or are afforded in that foreign country by treaty, agreement, or law.” ; and

10. 2004

    Miscellaneous Trade and Technical Corrections Act of 2004

    Pub. L. 108–429 § 1561(b)(4) · 118 Stat. 2434

    Added · 19 U.S.C. § 1629(g)

    Pub. L. 108–429, § 1561(b)(4), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 108–429, § 1561(b)(4), added subsec. (g).

    Enacted provision · exact public law section
    (4) by adding at the end the following: “(g) Privileges and Immunities.— Any person designated to perform the duties of an officer of the Customs Service pursuant to section 401(i) of this Act shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any actions taken by the designated person in the performance of such duties.” .

11. 2006

    Miscellaneous Trade and Technical Corrections Act of 2006

    Pub. L. 109–280 title XIV § 1635(f)(1) · 120 Stat. 780

    Substituted · 19 U.S.C. § 1629(e)

    Pub. L. 109–280 substituted “ensuring” for “insuring”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 109–280 substituted “ensuring” for “insuring”.

    Enacted provision · exact public law section
    (1) Section 629(e) of the Tariff Act of 1930 (19 U.S.C. 1629(e)) is amended by striking “insuring” and inserting “ensuring”.

    Effective date note
    Amendment by Pub. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109–280, set out as a note under section 58c of this title.

12. 2006

    Security and Accountability For Every Port Act of 2006

    Pub. L. 109–347 title IV § 404 · 120 Stat. 1884

    Added · 19 U.S.C. § 1629(h)

    Pub. L. 109–347 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 109–347 added subsec. (h).

    Enacted provision · exact public law section
    SEC. 404. NEGOTIATIONS.   Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended by adding at the end the following: “(h) Customs Procedures and Commitments.— “(1) In general.— The Secretary of Homeland Security, the United States Trade Representative, and other appropriate Federal officials shall work through appropriate international organizations including the World Customs Organization (WCO), the World Trade Organization (WTO), the International Maritime Organization, and the Asia-Pacific Economic Cooperation, to align, to the extent practicable, customs procedures, standards, requirements, and commitments in order to facilitate the efficient flow of international trade. “(2) United states trade representative.— “(A) In general.— The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph (B) that make progress in achieving— “(i) harmonization of import and export data collected by WTO members for customs purposes, to the extent practicable; “(ii) enhanced procedural fairness and transparency with respect to the regulation of imports and exports by WTO members; “(iii) transparent standards for the efficient release of cargo by WTO members, to the extent practicable; and “(iv) the protection of confidential commercial data. “(B) Articles described.— The articles of the GATT 1994 described in this subparagraph are the following: “(i) Article V (relating to transit). “(ii) Article VIII (relating to fees and formalities associated with importation and exportation). “(iii) Article X (relating to publication and administration of trade regulations). “(C) GATT 1994.— The term ‘GATT 1994’ means the General Agreement on Tariff and Trade annexed to the WTO Agreement. “(3) Customs.— The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to— “(A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes; “(B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members; “(C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members; “(D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and “(E) ensure the protection of confidential commercial data. “(4) Definition.— In this subsection, the term ‘Commissioner’ means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.” .

12 of 12 references resolved to an enrolled provision