§4314 — Title 50 War and National Defense | U.S. Code

Summary

During wartime, if a customs official has reason to think a ship’s cargo list or sworn statements are false, or that the ship will carry goods or people out of the United States for an enemy or an ally of an enemy or in a way that breaks the law, the local collector of customs can refuse permission for the ship to sail. For ships that do not normally need formal clearance, the collector can give written notice to the owner or captain to stop the ship from leaving, and it is illegal to leave after that. The collector must also report to the President, for every export cargo, how much U.S. gold, silver, bullion, or other U.S. money is aboard, the names and addresses of the shipper and receiver, and any facts that suggest the money might be sent to an enemy or an ally of an enemy.

Title 50, §4314

War and National Defense — Source: USLM XML via OLRC

During the present war, whenever there is reasonable cause to believe that the manifest or the additional statements under oath required by section 4313 of this title are false or that any vessel, domestic or foreign, is about to carry out of the United States any property to or for the account or benefit of an enemy, or ally of enemy, or any property or person whose export, taking out, or transport will be in violation of law, the collector of customs for the district in which such vessel is located is authorized and empowered subject to review by the President to refuse clearance to any such vessel, domestic or foreign, for which clearance is required by law, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, to forbid the departure of such vessel from the port, and it shall thereupon be unlawful for such vessel to depart. The collector of customs shall, during the present war, in each case report to the President the amount of gold or silver coin or bullion or other moneys of the United States contained in any cargo intended for export. Such report shall include the names and addresses of the consignors and consignees, together with any facts known to the collector with reference to such shipment and particularly those which may indicate that such gold or silver coin or bullion or moneys of the United States may be intended for delivery or may be delivered, directly or indirectly, to an enemy or an ally of enemy.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 14 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Executive Documents

Transfer of Functions

All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished with such offices to be terminated not later than Dec. 31, 1966, and functions vested by statute in officers, agencies, or employees of the Bureau of Customs of the Department of the Treasury transferred to the Secretary of the Treasury by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees.

§4314 False manifest; refusal of clearance; reports of gold or silver coin in cargoes for export