Title 19 — Customs Duties
Chapter 5 — Smuggling
§ 1706a. Civil penalties for trading without required certificate of documentation
Statutory text
Whenever a vessel, entitled to be documented and not so documented, is employed in a trade for which certificates of documentation are issued under the vessel documentation laws, other than a trade covered by a registry, the vessel is liable to a civil penalty of $500 for each port at which it arrives without the proper certificate of documentation, and if it has on board any merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, the vessel, together with its equipment and cargo, is liable to seizure and forfeiture. Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such merchandise.
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. 49–421 § 7 · 24 Stat. 79
Enacted · 19 U.S.C. § 1706a
June 19, 1886, ch. 421, § 7, 24 Stat. 81
Source evidence
Code source credit
June 19, 1886, ch. 421, § 7, 24 Stat. 81Enacted provision · exact public law section
Sec. 7. Every vessel of twenty tons or upwards, entitled to be documented Penalty for trading without license. as a vessel of the United States, other than registered vessels, found trading between district and district, or between different places in the same district, or carrying on the fishery, without being enrolled and licensed, and every vessel of less than twenty tons and not less than five tons burden found trading or carrying on the fishery as aforesaid without a license obtained as provided by this title, shall be liable R. S., sec. 4371, p. 845. to a fine of thirty dollars at every port of arrival without such enrollment or license. But if the license shall have expired while the vessel was at sea, and there shall have been no opportunity to renew such license, then said fine of thirty dollars shall not be incurred. And so much of section four thousand three hundred and seventy-one of the Revised Statutes as relates to vessels entitled to be documented as vessels of the United States is hereby repealed.Vessel Documentation Act
Pub. L. 96–594 title I § 126(e) · 94 Stat. 3453
Substituted · 19 U.S.C. § 1706a
Pub. L. 96–594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so documented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward
Struck · 19 U.S.C. § 1706a
Pub. L. 96–594 struck out provisions respecting expiration of a license while a vessel is at sea
Source evidence
Code amendment note
Pub. L. 96–594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so documented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward, and struck out provisions respecting expiration of a license while a vessel is at sea.Enacted provision · exact public law section
(e) Section 7 of the Act of June 19, 1886, as amended (46 U.S.C. 319), is further amended by— (1) striking the first sentence and inserting in lieu thereof the following: “Whenever a vessel, entitled to be documented and not so documented, Trading without license, penalty. is employed in a trade for which certificates of documentation are issued under the vessel documentation laws, other than a trade covered by a registry, the vessel is liable to a civil penalty of $500 for each port at which it arrives without the proper certificate of documentation, and if it has on board any merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, the vessel, together with its equipment and cargo, is liable to seizure and forfeiture.”; and (2) striking the last sentence.Effective date note
Pub. L. 96–594, title I, § 128, Dec. 24, 1980, 94 Stat. 3461, provided in part that the amendment made by Pub. L. 96–594 is effective on first day of eighteenth month following December 1980.
3 of 3 references resolved to an enrolled provision
Editorial Notes
Codification
Section was not enacted as part of act Aug. 5, 1935, ch. 438, which comprises this chapter.
Section was classified to section 319 of the former Appendix to Title 46, Shipping, prior to the completion of the enactment of Title 46 by Pub. L. 109–304, , 120 Stat. 1485.
Amendments1935–1980 · 2 rounds
1980
Pub. L. 96–594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so documented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward, and struck out provisions respecting expiration of a license while a vessel is at sea.
1935
Act , provided for forfeiture, to deem marks, etc., prima facie evidence of foreign origin of merchandise, and to substitute “said fine or forfeiture” for “said fine of $30” in last sentence.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–594, title I, § 128, , 94 Stat. 3461, provided in part that the amendment made by Pub. L. 96–594 is effective on first day of eighteenth month following December 1980.
Credits
1886–1980 · 3 acts
- 1886June 19, 1886, ch. 421, § 7, 24 Stat. 81
- 1935Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529
- 1980Pub. L. 96–594, title I, § 126(e), , 94 Stat. 3459.
Show as published
(June 19, 1886, ch. 421, § 7, 24 Stat. 81; Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529; Pub. L. 96–594, title I, § 126(e), , 94 Stat. 3459.)