Title 19Customs DutiesRelease 119-73

§1438 Unlawful return of foreign vessel’s papers

Title 19 › Chapter CHAPTER 4— - TARIFF ACT OF 1930 › Subtitle SUBTITLE III— - ADMINISTRATIVE PROVISIONS › Part Part II— - Report, Entry, and Unlading of Vessels and Vehicles › § 1438

Last updated Apr 6, 2026|Official source

Summary

A foreign consul may not give a foreign ship’s registration papers (or any substitute documents they are holding under the law) back to the ship’s captain until the captain shows a proper Customs clearance from the port where the ship entered. A consul who violates this rule can be fined up to $5,000.

Full Legal Text

Title 19, §1438

Customs Duties — Source: USLM XML via OLRC

It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 438, 42 Stat. 952. That section was superseded by section 438 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments

1993—Pub. L. 103–182 substituted “section 1434” for “section 1435”, inserted “, or

Regulations

issued thereunder,” before “until such master”, and substituted “the Customs Service in the port in which such vessel has entered” for “the appropriate customs officer of the port where such vessel has been entered”. 1970—Pub. L. 91–271 substituted reference to appropriate customs officers for reference to collector.

Statutory Notes and Related Subsidiaries

Effective Date

of 1970 AmendmentFor

Effective Date

of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.

Transfer of Functions

For

Transfer of Functions

, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see section 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Reference

Citations & Metadata

Citation

19 U.S.C. § 1438

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73