§1590 Aviation Smuggling

Summary

Pilots may not carry, and no one on a plane may have, goods if they know or plan those goods will be brought into the United States illegally. You also may not move goods between a plane and a ship on the high seas or in U.S. customs waters without permission from the Secretary when the plane is U.S.-owned or -registered, or the ship is a U.S. vessel, or when the way the transfer is done shows it is meant to help smuggle goods into the United States. If you break this, you must pay a civil penalty equal to twice the value of the goods, but not less than $10,000. The value of any illegal drug is figured under section 1497(b). If you intentionally commit, try, or plan this crime, you can also be criminally punished: up to $10,000 fine or up to 5 years in prison (or both) if no controlled substance is involved, or up to $250,000 fine or up to 20 years in prison (or both) if a controlled substance is involved. Boats or planes used to help commit the offense can be seized and forfeited under customs law, except if they are operated as common carriers. "Merchandise" here means only goods whose import is banned or limited. "Aircraft" uses the federal legal definition and also includes the vehicle described in 14 C.F.R. §103.1. Certain acts within 250 miles of U.S. waters—like running without required lights, hiding fuel tanks, giving false or missing ID, carrying unlisted or illegal goods, having smuggling compartments, or refusing to stop when hailed—are treated as strong evidence the transfer or possession was meant to bring goods into the U.S. unlawfully.