§1590 Aviation smuggling

Summary

It is illegal for a pilot to bring into the United States, or for anyone on an aircraft to have, goods if they know or plan those goods will be brought into the U.S. unlawfully. It is also illegal to move goods between an aircraft and a ship on the high seas or in U.S. customs waters without the Secretary’s permission when the aircraft is U.S.-owned or registered, the ship is a U.S. vessel, or when the transfer shows an intent to get the goods into the U.S. illegally. Anyone who breaks these rules must pay a civil penalty equal to twice the value of the goods, but not less than $10,000. If the goods include controlled drugs, their value is set under section 1497(b) of this title. If someone intentionally commits, tries, or plans such an offense and is convicted, the punishment is up to a $10,000 fine or up to 5 years in prison (or both) when no controlled drug is involved, and up to a $250,000 fine or up to 20 years in prison (or both) if any controlled drug is involved. Vessels or aircraft used to help commit these violations may be seized and forfeited under customs laws, except if they are common carriers. “Merchandise” here means only goods whose import is banned or limited. “Aircraft” has the meaning in 49 U.S.C. 40102 and also includes the vehicle described in 14 CFR 103.1. When any of the listed acts occur within 250 miles of the U.S. territorial sea—such as running without required lights, having an illegal auxiliary fuel tank, false or missing identification, unmanifested prohibited goods or unpermitted controlled drugs, secret smuggling compartments, or failing to stop when hailed—those acts are taken as strong evidence that the transfer or possession was meant to bring goods into the U.S. illegally and can support seizure.