Title 19, Customs DutiesRelease 119-110
§1586 Unlawful Unlading or Transshipment
Title 19 › CHAPTER 4 — TARIFF ACT OF 1930 › SUBTITLE III — ADMINISTRATIVE PROVISIONS › Part V — Enforcement Provisions › § 1586
Summary
If a ship’s captain from a foreign port, or the captain of a hovering ship that handled goods offshore, lets cargo be unloaded after the ship enters U.S. customs waters but before reaching the approved place and before getting a permit, the captain must pay a penalty equal to twice the value of the cargo but not less than $10,000. The ship, its cargo, and the unloaded goods can be seized and forfeited. The same penalty and seizure apply if a captain unloads prohibited imports or alcoholic beverages on the high seas next to U.S. customs waters to move them onto another ship in a way that would help get the goods into the United States, including when the goods are put on a U.S. ship or a vessel owned by a U.S. citizen or U.S. company. The captain of a receiving ship, and anyone who helps, faces the same penalty and seizure. Anyone who helps with an unlawful unloading or transfer can also be jailed for up to 15 years. If cargo is unloaded or moved because of an accident, bad weather, or other real emergency, the captains must tell Customs right away and show proof. If Customs agrees it was necessary, the penalties do not apply.
Full Legal Text
Title 19, §1586
Customs Duties, Source: USLM XML via OLRC
(a)Penalty for unlading prior to grant of permission
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) to be unladen from such vessel at any time after its arrival within the customs waters and before such vessel has come to the proper place for the discharge of such merchandise, and before he has received a permit to unlade, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and such vessel and its cargo and the merchandise so unladen shall be seized and forfeited.
(b)Penalty for transshipment to any vessel for purpose of unlawful entry
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores), the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen from his vessel at any place upon the high seas adjacent to the customs waters of the United States to be transshipped to or placed in or received on any vessel of any description, with knowledge, or under circumstances indicating the purpose to render it possible, that such merchandise, or any part thereof, may be introduced, or attempted to be introduced, into the United States in violation of law, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.
(c)Penalty for unlawful transshipment to any vessel of United States
The master of any vessel from a foreign port or place, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea, who allows any merchandise (including sea stores) destined to the United States, the importation of which into the United States is prohibited, or which consists of any spirits, wines, or other alcoholic liquors, to be unladen, without permit to unlade, at any place upon the high seas adjacent to the customs waters of the United States, to be transshipped to or placed in or received on any vessel of the United States or any other vessel which is owned by any person a citizen of, or domiciled in, the United States, or any corporation incorporated in the United States, shall be liable to a penalty equal to twice the value of the merchandise but not less than $10,000, and the vessel from which the merchandise is so unladen, and its cargo and such merchandise, shall be seized and forfeited.
(d)Liability of master of receiving vessel in unlawful transshipment
If any merchandise (including sea stores) unladen in violation of the provisions of this section is transshipped to or placed in or received on any other vessel, the master of the vessel on which such merchandise is placed, and any person aiding or assisting therein, shall be liable to a penalty equal to twice the value of the merchandise, but not less than $10,000, and such vessel, and its cargo and such merchandise, shall be seized and forfeited.
(e)Imprisonment of persons aiding in unlawful unlading or transshipment
Whoever, at any place, if a citizen of the United States, or at any place in the United States or within customs waters, if a foreign national, shall engage or aid or assist in any unlading or transshipment of any merchandise in consequence of which any vessel becomes subject to forfeiture under the provisions of this section shall, in addition to any other penalties provided by law, be liable to imprisonment for not more than 15 years.
(f)Unlading or transshipment because of accident, stress of weather, etc.
Whenever any part of the cargo or stores of a vessel has been unladen or transshipped because of accident, stress of weather, or other necessity, the master of such vessel and the master of any vessel to which such cargo or stores has been transshipped shall, as soon as possible thereafter, notify the Customs Service at the district within which such unlading or transshipment has occurred, or the Customs Service at the district at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transshipment was made necessary by accident, stress of weather, or other unavoidable cause, and if the Customs Service is satisfied that the unlading or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incurred.
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, §§ 586, 587, 42 Stat. 980, 981. These sections were superseded by section 586 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. Provisions somewhat similar to those in this section, but applicable only to vessels “bound to the United States” were contained in R.S. § 2867, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. Provisions substantially the same in effect as those contained in the act of 1922, § 587, except that the penalty was treble the value of the merchandise, and the provision for forfeiture applied only to the vessel was contained in R.S. § 2868, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.
Amendments
1993—Subsecs. (a) to (c). Pub. L. 103–182, § 620(1), inserted “, or of a hovering vessel which has received or delivered merchandise while outside the territorial sea,” after “from a foreign port or place”. Subsec. (f). Pub. L. 103–182, § 620(2), substituted “the Customs Service at the district” for “the appropriate customs officer of the district” and “the appropriate customs officer within the district” and “the Customs Service is satisfied” for “the appropriate customs officer is satisfied”. 1986—Subsecs. (a) to (d). Pub. L. 99–570, § 3119(1), substituted “$10,000” for “$1,000” wherever appearing. Subsec. (e). Pub. L. 99–570, § 3119(2)(A), substituted “customs waters” for “one league of the coast of the United States”. Pub. L. 99–570, § 3119(2)(B), which directed that “15 years” be substituted for “2 years” was executed by making the substitution for “two years” as the probable intent of Congress. 1970—Subsec. (f). Pub. L. 91–271 substituted references to appropriate customs officer for references to collector wherever appearing. 1935—Act Aug. 5, 1935, redesignated existing provisions as subsecs. (a) and (f) and added subsecs. (b) to (e).
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. § 1586
Title 19, Customs Duties
Last Updated
Sep 22, 2026
Release point: 119-110