Notes on 18 U.S.C. § 545 : US Code - Notes

Search Notes on 18 U.S.C. § 545 : US Code - Notes

(June 25, 1948, ch. 645, 62 Stat. 716; Aug. 24, 1954, ch. 890, Sec.
1, 68 Stat. 782; Sept. 1, 1954, ch. 1213, title V, Sec. 507, 68
Stat. 1141; June 30, 1955, ch. 258, Sec. 2(c), 69 Stat. 242; Pub.
L. 103-322, title XXXII, Sec. 320903(c), title XXXIII, Secs.
330004(18), 330016(1)(L), Sept. 13, 1994, 108 Stat. 2125, 2142,
2147; Pub. L. 104-294, title VI, Sec. 604(b)(23), Oct. 11, 1996,
110 Stat. 3508.)
HISTORICAL AND REVISION NOTES
Based on section 1593 of title 19, U.S.C., 1940 ed., Customs
Duties (June 17, 1930, ch. 497, title IV, Sec. 593, 46 Stat. 751).
Reference in first paragraph to aiders, contained in words "his,
her, or their aiders and abettors" was omitted as unnecessary since
such persons are made principals by section 2 of this title. For
the same reason words "or assists in so doing" in second paragraph
were deleted.
Words "shall be deemed guilty of a misdemeanor," in first
paragraph were omitted in view of definition of misdemeanor in
section 1 of this title.
Conviction provision in first paragraph reading "and on
conviction thereof" was deleted as surplusage since punishment
cannot be imposed until a conviction is secured.
Minimum punishment provision "nor less than $50" in second
paragraph was deleted.
Forfeiture provision was rephrased to make it clear that
forfeiture was not dependent upon conviction.
The final paragraph was added to conform with section 1709 of
title 19, U.S.C., 1940 ed.
Changes were made in phraseology.
AMENDMENTS
1996 - Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18).
See 1994 Amendment note below.
1994 - Pub. L. 103-322, Sec. 330016(1)(L), substituted "fined
under this title" for "fined not more than $10,000" in third par.
Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,
Sec. 604(b)(23), struck out "Philippine Islands," before "Virgin
Islands" in last par.
Pub. L. 103-322, Sec. 320903(c), inserted "or attempts to smuggle
or clandestinely introduce" after "clandestinely introduces" in
first par.
1955 - Act June 30, 1955, inserted reference to Johnston Island.
1954 - Act Sept. 1, 1954, permitted forfeiture of value of
merchandise imported in violation of section.
Act Aug. 24, 1954, increased fine from $5,000 to $10,000 and
imprisonment from two years to five years.
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see
section 604(d) of Pub. L. 104-294, set out as a note under section
13 of this title.
EFFECTIVE DATE OF 1955 AMENDMENT
Amendment by act June 30, 1955, effective July 1, 1955, see
section 2(d) of act June 30, 1955, set out as a note under section
1401 of Title 19, Customs Duties.
EFFECTIVE DATE OF 1954 AMENDMENT
Section 2 of act Aug. 24, 1954, provided that: "The amendments
made by the first section of this Act [amending this section] shall
apply only with respect to offenses committed on and after the date
of the enactment of this Act [Aug. 24, 1954]."