§546 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

Using a U.S. vessel to smuggle goods into another country is illegal when that country’s laws punish violations of U.S. customs revenue rules. Owners, people who run or control the vessel, anyone who lets it be used that way, and anyone on board who helps can be charged. People who do this can be fined under federal law, jailed for up to 2 years, or both. It is also illegal to rent or charter a boat if the owner knows or has good reason to believe the renter will use it for smuggling and the boat is then used that way.

Title 18, §546

Crimes and Criminal Procedure — Source: USLM XML via OLRC

Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be fined under this title or imprisoned not more than two years, or both. It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose.

Notes & Related Subsidiaries

Historical and Revision Notes

Based on section 1702 of title 19, U.S.C., 1940 ed., Customs Duties (Aug. 5, 1935, ch. 438, title I, § 2, 49 Stat. 518). Changes were made in phraseology.

Editorial Notes

References in Text

The laws of the United States respecting the customs revenue, referred to in text, are classified generally to Title 19, Customs Duties.

Amendments

1994—Pub. L. 103–322 substituted “fined under this title” for “fined not more than $5,000” in first par.

§546 Smuggling goods into foreign countries