PRIA, Government Policy, Made Personal

Summary

Anyone who owns part or all of a U.S. vessel, a U.S. citizen, a person living in the United States, a U.S. company that controls the vessel, or anyone on board who helps use the vessel to smuggle goods into a foreign country where that country's laws provide penalties for breaking U.S. customs revenue laws can be punished. They may be fined under federal law, imprisoned for up to two years, or both. It is also a crime to rent or charter a vessel if the lessor has knowledge or reasonable grounds to believe the renter intends to use it for smuggling and the vessel is used that way during the lease.

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