§1590 Aviation Smuggling

Summary

Makes it illegal for a pilot to carry, or for anyone on an aircraft to have, goods when they know or intend those goods will be brought into the United States illegally. It also bans moving goods between an aircraft and a ship on the high seas or in U.S. customs waters without permission from the Secretary when the aircraft is U.S.-owned or registered, the vessel is a U.S. vessel, or whenever the transfer shows an intent to get the goods into the United States unlawfully. Anyone who breaks these rules must pay a civil penalty equal to twice the value of the goods, but at least $10,000; the value of any controlled substance is set under section 1497(b). If the act was done on purpose, or was attempted or conspired, the offender can also face criminal charges: no controlled substance — a fine up to $10,000 or up to 5 years in prison or both; any controlled substance — a fine up to $250,000 or up to 20 years in prison or both. A vessel or aircraft used to help commit the offense may be seized and forfeited, except if it is operated as a common carrier. “Merchandise” means goods whose import into the United States is prohibited or restricted. “Aircraft” means the term in 49 U.S.C. 40102 and also covers vehicles described in 14 C.F.R. 103.1. For civil penalties and seizure, certain acts done within 250 miles of the U.S. territorial sea are treated as proof the transfer was meant to bring goods into the United States illegally. Those acts include operating without required lights, having unauthorized auxiliary fuel tanks, false or missing vessel or aircraft identification, displaying false registration, carrying unreported or unpermitted goods (including unmanifested controlled substances), having hidden smuggling compartments, and failing to stop when hailed by an officer.