19 U.S.C. § 1436 : US Code - Section 1436: Penalties for violations of arrival, reporting, entry, and clearance requirements

Search 19 U.S.C. § 1436 : US Code - Section 1436: Penalties for violations of arrival, reporting, entry, and clearance requirements

(a) Unlawful acts
It is unlawful -
(1) to fail to comply with section 1431, 1433, or 1434 of this
title or section 91 of title 46, Appendix;
(2) to present or transmit, electronically or otherwise, any
forged, altered, or false document, paper, information, data or
manifest to the Customs Service under section 1431, 1433(d), or
1434 of this title or section 91 of title 46, Appendix, without
revealing the facts;
(3) to fail to make entry or to obtain clearance as required by
section 1434 or 1644 of this title, section 91 of title 46,
Appendix, or section 1644a(b)(1) or (c)(1) of this title; or
(4) to fail to comply with, or violate, any regulation
prescribed under any section referred to in any of paragraphs (1)
through (3).
(b) Civil penalty
Any master, person in charge of a vehicle, or aircraft pilot who
commits any violation listed in subsection (a) of this section is
liable for a civil penalty of $5,000 for the first violation, and
$10,000 for each subsequent violation, and any conveyance used in
connection with any such violation is subject to seizure and
forfeiture.
(c) Criminal penalty
In addition to being liable for a civil penalty under subsection
(b) of this section, any master, person in charge of a vehicle, or
aircraft pilot who intentionally commits any violation listed in
subsection (a) of this section is, upon conviction, liable for a
fine of not more than $2,000 or imprisonment for 1 year, or both;
except that if the conveyance has, or is discovered to have had, on
board any merchandise (other than sea stores or the equivalent for
conveyances other than vessels) the importation of which into the
United States is prohibited, such individual is liable for an
additional fine of not more than $10,000 or imprisonment for not
more than 5 years, or both.
(d) Additional civil penalty
If any merchandise (other than sea stores or the equivalent for
conveyances other than a vessel) is imported or brought into the
United States in or aboard a conveyance which was not properly
reported or entered, the master, person in charge of a vehicle, or
aircraft pilot shall be liable for a civil penalty equal to the
value of the merchandise and the merchandise may be seized and
forfeited unless properly entered by the importer or consignee. If
the merchandise consists of any controlled substance listed in
section 1584 of this title, the master, individual in charge of a
vehicle, or pilot shall be liable to the penalties prescribed in
that section.
« Prev
Repealed. Pub. L. 103-182, title VI, Sec. 690(c)(6), Dec. 8, 1993, 107 Stat. 2223
Up
Report, entry, and unlading of vessels and vehicles
Next »
Repealed. Pub. L. 103-182, title VI, Sec. 690(b)(3), Dec. 8, 1993, 107 Stat. 2223

FindLaw Career Center