50 U.S.C. § 4314: False manifest; refusal of…

Summary

During the present war, a customs official at a port can refuse to give a ship permission to leave if there is good reason to think the ship’s cargo list or sworn cargo statements are false, or if the ship is carrying goods or people for the benefit of an enemy or an ally of an enemy, or goods whose export would break the law. For U.S. ships that normally do not need formal clearance, the official can serve a written order on the owner or captain telling the ship not to leave, and it becomes illegal for that ship to sail. The official’s decision can be reviewed by the President. The customs official must also report to the President any U.S. gold or silver coin, bullion, or other U.S. money in cargo meant for export. The report must give the names and addresses of the people sending and receiving the shipment and any facts that suggest the money might be delivered, directly or indirectly, 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