|
TITLE 7 - AGRICULTURE
back to top
7 U.S.C. �� 51-65 - United
States Cotton Standards Act |
Customs assists in the
administration of these provisions which set uniform standards for the classification of
cotton to be used in determining duties and taxes, and provide for the inspection and
sampling of cotton. 19 C.F.R. �� 151.83 (1995) provides for the method of sampling and
19 C.F.R. �� 151.84 (1995) the determination of staple length. 7 C.F.R. �� 28.180
(1933) sets forth the information which the government must include in a memorandum which
explains the classification of the cotton. 19 C.F.R. �� 151.82 (1995) requires that
information needed by the Secretary of Agriculture regarding cotton be placed on the
invoice. |
7 U.S.C. �� 75-87h - United
States Grain Standards Act |
Customs enforces the provision
which requires that all corn exported from the United States be tested for aflatoxin
contamination unless the contract for exportation stipulates that aflatoxin testing is not
to be conducted. |
7 U.S.C. �� 136-136y -
Federal Insecticide, Fungicide, and Rodenticide Act, as amended by the Federal
Environmental Pesticide Control Act |
Customs enforces these provisions
which prohibit the importation of pesticides or devices which are adulterated, misbranded
or otherwise violative of the Act; provide for the registration of pesticides and devices
with the Environmental Protection Agency; and establish standards for labeling and
classification of pesticides. See 19 C.F.R. Part 12 (1995). |
7 U.S.C. �� 150aa-150jj -
Federal Plant Pests Act |
Customs enforces these provisions
which prohibit the importation into or movement through the United States of plant pests
as defined in the Act, and provide for the inspection of any letter, box, parcel or
container which may carry a plant pest. Inspection is to be performed by U.S. Department
of Agriculture in conjunction with Customs. See, 7 C.F.R. Part 351 (1995) and 19 C.F.R.
Part 12 (1995). |
7 U.S.C. �� 151-167 -
Nursery Stock Quarantine Act |
Customs enforces the restriction
on the importation of nursery stock and other plants and plant stock. See 7 C.F.R. Part
300 (1995) and 19 C.F.R. Part 12 (1995). |
7 U.S.C. �� 281-286 -
Honeybee Act |
Customs enforces the prohibitions
on the importation of honeybees and honeybee semen (unless the Secretary of Agriculture
has determined the country of origin to be free of harmful diseases or parasites, or
undesirable species or subspecies). See, 7 C.F.R. Part 322 (1995), 19 C.F.R. �� 12.32
(1995). |
7 U.S.C. �� 511-511r -
Tobacco Inspection Act |
Customs enforces these provisions
which prohibit the importation of tobacco unless the shipment is accompanied by a
certificate as prescribed by the Secretary of Agriculture and the importation of tobacco
which does not meet the pesticide residue requirements. See, 7 C.F.R. Part 29 (1995). |
7 U.S.C. �� 581-590 - Export
Apple and Pear Act |
Customs enforces the prohibition
on the exportation of apples or pears without a certificate issued by the U.S. Department
of Agriculture. See, 7 C.F.R. Part 33 (1995). |
7 U.S.C. �� 591-599 - Export
Grape and Plum Act |
Customs enforces the prohibition
on the exportation of grapes or plums without a certificate issued by the U.S. Department
of Agriculture. See, 7 C.F.R. Part 35 (1995). |
7 U.S.C. �� 601-624 -
Agricultural Adjustment Act |
Pursuant to the Secretary of
Agriculture's authority to establish and maintain orderly market conditions for
agricultural products, Customs enforces the prohibition on the importation of tomatoes,
raisins, olives, prunes, avocados, mangos, limes grapefruit, green peppers, Irish
potatoes, cucumbers, oranges, onions, walnuts, dates filberts, table grapes, or eggplant
that do not comply with size, grade, quality, and maturity provisions set forth by the
Secretary of Agriculture, whenever a market order is in effect, and quotas or higher duty
rates imposed on imported agricultural products, whenever investigation reveals that
orderly market conditions require such action. 19 C.F.R. Part 132 (1995) sets forth quota
mechanisms. |
7 U.S.C. �� 1380a-1380p -
Subtitle E, Title III of the Agricultural Adjustment Act of 1938 |
Customs enforces the import
restrictions on rice under these provisions which provide for the regulation of all
commerce in rice, rough and processed, by the Secretary of Agriculture. The Secretary
issues certificates which establishes a market quota of rice which may be produced or
imported. Unused certificates are redeemed for cash (pursuant to section 1380g) or may be
used to import the quantity of rice specified in the certificate pursuant to section
1380l. |
7 U.S.C. �� 1551-1611 -
Federal Seed Act |
Customs enforces these provisions
which provide for the certification and labelling of plant seeds as to purity and kind or
variety, and that unless specifically exempted, imported seeds must conform and be
labelled as to purity and kind or variety or be prohibited from importation. See 19 C.F.R.
�� 12.16 (1995) and 7 C.F.R. Part 201 (1995). |
7 U.S.C. �� 1641-1642 -
International Wheat Agreement Act of 1949 |
Customs enforces any established
wheat and wheat flour quotas for importation and exportation. Section 1642(d) calls for
the forfeiture of two times the market value of the wheat imported or exported in
violation of the quota. Customs assists in the enforcement of the forfeiture provisions. |
7 U.S.C. �� 1854 -
Agreements limiting imports under surplus disposal of agricultural commodities |
Customs enforces any limits on
the importation of agriculture commodities or textile products per implementing executive
orders. |
Delegations of Authority
Concerning Certain Meats, E.O. 11539, as amended by E.O. 12188 |
Customs enforces limitations on
the importation and entry and withdrawal of meats from warehouses for consumption in the
U.S. See, 19 C.F.R. �� 12.8-12.9 (1995). |
Textile Trade Agreements, E.O.
11651, as amended by E.O. 11951 and 12188; (Supplemented by E.O. 12475 below) |
Customs enforces limitations on
the importation and entry and withdrawal of textiles and textile products from warehouses
for consumption in the U.S. See, 19 C.F.R. �� 12.130-12.132 (1995). |
Delegation of Authority
Limiting Imports of Certain Cheeses, E.O. 11851 |
Customs prevents the importation
into the U.S. of certain cheeses. See, 19 C.F.R. �� 12.1, 12.6 (1995). |
Textile Import Program
Implementation, E.O. 12475; (Supplements E.O. 11651 above) |
Customs assists in the
coordinated enforcement of regulations concerning importation under the Textile Import
Program. See, 19 C.F.R. �� 12.130-12.132 (1995). |
7 U.S.C. �� 2541 - Plant
Variety Protection Act |
Customs enforces this section
which provides that it shall be unlawful to import or export a novel variety of plants if
it has been registered by the owner. |
7 U.S.C. �� 2156 - Animal
fighting venture prohibition |
Customs enforces the prohibition
on transportation in foreign commerce of animals to be used in an animal fighting venture.
|
7 U.S.C. �� 2801-2813 -
Federal Noxious Weed Act of 1974 |
Customs enforces fumigation and
sterilization requirements for certain plants and plant products. |
7 U.S.C. �� 3601-3606 -
International Sugar Agreement, 1977 |
Customs regulates the entry of
sugar into the U.S.
See, 7 C.F.R. �� 6.50 (1995). |
7 U.S.C. �� 4801-4819 - Pork
Promotion, Research, and Consumer Information Act of 1985 |
These sections provide that each
importer of porcine animal, pork or pork product shall remit an assessment to Customs at
the time the product is imported. See 7 C.F.R. �� 1230.71,1230.110 (1995). |
7 U.S.C. �� 6101-6112 -
Mushroom Promotion, Research, and Consumer Information Act of 1990 |
The Department of Agriculture
issues orders and regulations under this law affecting importers who import, on average,
over 500,000 pounds of mushrooms annually from outside the United States. See 7 C.F.R.
Part 1209 (1995). |
7 U.S.C. �� 6804 (j)(3)(B) -
Fresh Cut Greens Promotion and Information Act of 1993. |
Requiring Customs to provide the
PromoFlor Council, upon request, with lists of importers of cut flowers and cut greens. |
7 U.S.C. �� 7104(I)(5)(B) -
Sheep Promotion, Research, and Information Act of 1994. |
Customs enforces the collection
of assessments on wool importations. |
TITLE 8 - ALIENS AND
NATIONALITY back to top
8 U.S.C. �� 1103-1108 |
Customs assists INS in the
enforcement of alien laws and in the assessment and collection of civil penalties. 19
C.F.R. �� 4.61, 4.68 (1995). |
8 U.S.C. �� 1221-1230 -
Provisions Relating to Entry and Exclusion |
Customs assists INS in the
enforcement of the procedural requirements to be followed upon the arrival of any person
by sea or air at any port within the United States from anyplace outside the United
States.
See 8 C.F.R. �� 239.1-239.4 (1995). |
8 U.S.C. �� 1281-1287 -
Special Provisions Relating to Alien Crewmen |
Customs assists INS in the
enforcement of the procedural requirements for the arrival and departure and control of
alien crewmen. Sections 1281, 1284, and 1286 provide for the collection of penalties. See
8 C.F.R. �� 280.2, 252.1 (1995). |
8 U.S.C. �� 1321-1330 -
General Penalty Provisions |
Customs assists in the
enforcement of these provisions which prohibit any person from bringing into the United
States aliens who are subject to a disability or afflicted with disease. |
TITLE 12 - BANKS AND BANKING
back to top
12 U.S.C. �� 95a
Importation & Exportation of Gold & Silver |
Customs enforces laws relating to
importation and exportation or hoarding of gold coins, silver coins and bullion during
times of war or national emergency. |
12 U.S.C. �� 635
Export of Nonlethal Defense Articles & Services |
Customs enforces provisions
regarding the export of products and services to aid in monitoring control or prevention
of air, water, and ground contaminants or pollution. |
12 U.S.C. �� 1951-59
Bank Secrecy Act |
Customs assists in the
enforcement of this Act which sets up recordkeeping requirements for uninsured financial
institutions where the records have a high degree of usefulness in criminal, tax, or
regulatory investigations and provides for civil penalties in the event of noncompliance. |
12 U.S.C. �� 3401-3422 -
Right to Financial Privacy Act of 1978 |
This Act while not technically
enforced or administered by Customs, is considered a significant resource in Customs
investigations. The Act provides situations where financial institutions may or may not
give out information regarding their clients. Section 3405 provides that records may be
obtained pursuant to a subpoena if they are relevant to a legitimate law enforcement
inquiry. |
TITLE 13 - CENSUS
back to top
13 U.S.C. �� 301-307 -
Collection & Publication of Foreign Commerce and Trade Statistics |
Customs collects importation and
exportation statistics and furnishes this information to the Census Bureau for compilation
and publication. 15 C.F.R. Part 30 (1995); 19 C.F.R.�� 4.61, 4.63, 4.75, 4.81, 4.84,
4.87, 113.64(c), 122.71-80, and 122.143 (1995). |
TITLE 15 - COMMERCE AND TRADE
back to top
15 U.S.C. �� 11 - Trusts in
Restraint of Trade |
Customs enforces this law
declaring trusts in restraint of import trade illegal by seizing and forfeiting any
merchandise imported by any party found to be restraining trade. |
15 U. S. C. �� 68-68j - Wool
Products Labeling Act of 1939 |
Customs enforces these provisions
which prohibit false or deceptive labeling (misbranding) of wool products. Section 68f
requires all wool products imported into the U.S. to be labeled in accordance with
requirements set forth in the law. That information is also required to be in the invoices
provided at the time of importation. 19 C.F.R. �� 11.12 (1995) requires labeling of wool
products to indicate fiber content. 16 C.F.R. �� 300-300.35 (1995). |
15 U. S. C. �� 69-69j - Fur
Products Labeling Act |
Customs enforces these provisions
which prohibit false or deceptive labeling (misbranding) and false advertising of fur
products. Section 69d requires all fur products imported into the U.S. to be labeled in
accordance with the requirements set forth in the law. That information is also required
to be in the invoices provided at the time of importation. 19 C.F.R. �� 11.12a (1995)
requires labeling of fur products to indicate composition. 16 C.F.R. �� 300-300.35. |
15 U. S. C. �� 70-77 -
Textile Fiber Products Identification Act |
Customs enforces these provisions
which prohibit false or deceptive labeling (misbranding) and false advertising of any
textile fiber products. Section 70g requires all textile fiber products imported into the
U.S. to be labeled in accordance with the requirements set forth in the law. That
information is also required to be in the invoices provided for importation. 19 C.F.R.
�� 11.12b (1995) provides for labeling textile fiber products. 16 C.F.R. Part 303
(1995). |
15 U.S.C. �� 78dd-1, 78dd-2
- Foreign Corrupt Practices Act of 1977 |
This Act prohibits certain
foreign trade practices by certain issuers of securities and domestic concerns. |
15 U.S.C. �� 206 - Standard
Gauge for Iron and Steel |
This provision which sets uniform
standard gauge for sheet and plate iron and steel is used in determining duties and taxes. |
15 U. S. C. �� 237-241 -
Standard Barrels for Lime |
Customs enforces these provisions
which provide for uniformity in sizes of barrels of lime and barrel marking requirements
for importation. 15 C.F.R. �� 240.1 (1995). |
15 U. S. C. �� 291-300 -
Gold Labeling Act of 1976 |
Customs enforces restrictions on
the importation of gold or silver stamped with the words "United States Assay"
or any words calculated to convey the impression that the U.S. Government has certified to
the quality of such gold or silver. Section 294 prohibits the importation of such falsely
marked gold or silver. 19 C.F.R. �� 11.13 (1995). implement these restrictions. |
15 U. S. C. �� 717-717w -
Natural Gas Act |
Customs enforces these provisions
on the regulation of the transporting and selling natural gas in interstate and foreign
commerce. Section 717b prohibits the exportation or importation of natural gas without
authorization from the Federal Energy Regulatory Commission. |
15 U.S.C. �� 784 - Federal
Energy Administration Act of 1974 |
Customs ensures that coal and
refined petroleum product exports comply with licensing requirements. |
15 U. S. C. �� 1051-1127 -
Lanham Trade-Mark Act |
Customs enforces this Act which
provides for the registration and enforcement of trademarks. Section 1124 prohibits the
entry of merchandise which copies or simulates tradenames or registered trademarks or
containing false designations of origin. Section 1125 prohibits the importation of goods
bearing false designations of origin or false descriptions. 19 C.F.R. Part 133 (1995). |
15 U. S. C. �� 1171-1178 -
Gambling Devices Act of 1962 |
Customs assists in the
enforcement of this Act which prohibits the transportation of any gambling device in
interstate or foreign commerce except where specifically permitted. 28 C.F.R. �� 0.86,
3.1- 3.5 (1995). |
15 U. S. C. �� 1191-1204 -
Flammable Fabrics Act |
Pursuant to this Act which
provides for the setting of a flammability standards for fabric by the Consumer Product
Safety Commission (CPSC), Customs prohibits the importation of any product which fails to
conform to the applicable flammability standard. |
15 U. S. C. �� 1231-1233 -
Automobile Information Disclosure Act |
Customs insures that imported
automobiles are properly labeled. |
15 U.S.C. �� 1241-1245 -
Switchblade Knife Act |
This Act prohibits the
manufacture, transportation or distribution of knives, including ballistic knives, having
a blade which opens automatically by hand pressure applied to a button or by operation of
inertia, gravity, or both. Customs enforces restrictions on the importation of such
knives. See 19 C.F.R. �� 12.95-12.103 (1995). |
15 U. S. C. �� 1261-1276 -
Federal Hazardous Substances Act |
This Act which provides the CPSC
with authority to conduct investigations for the purpose of declaring substances
(including toys) as hazardous, regulate the labeling hazardous or banned substances and
investigate violations thereof requires Customs to deliver, upon request, to the CPSC,
samples of hazardous substances which are being imported or attempted to be imported. If
the CPSC determines that the hazardous substance is misbranded or banned, its admission
into the U.S. shall be refused by Customs. See 16 C.F.R. �� 1500.265-272 (1995); 21
C.F.R. �� 1230.40 (1995); 19 C.F.R. �� 12.1 (1995). |
15 U. S. C. �� 1331-1340 -
Federal Cigarette Labeling and Advertising Act |
Customs assists in the
enforcement of this Act which prohibits the manufacture, importation, or package for sale
within the United States of any cigarettes which fail to bear the Surgeon General warning
label. Cigarettes for export are exempt from the labeling requirement. |
15 U.S.C. �� 1391-1431 -
National Traffic and Motor Vehicle Safety Act of 1966 |
Customs assists in the
enforcement of this Act which provides for the setting of motor vehicle safety standards
by the National Highway Traffic Safety Administration (NHTSA), and prohibits the
manufacture, sale, delivery or importation of substandard vehicles. Temporary importations
may be permitted for the purpose of bringing substandard vehicles into conformity with the
safety standards (Section 1397). 19 C.F.R. �� 12.80 (1995) set forth these standards. |
15 U.S.C. �� 1451-1461 -
Fair Packaging and Labeling Act |
This Act which prohibits the
unfair and deceptive packaging and labeling of consumer commodities and provides the
Secretary of HHS and the FTC with authority to promulgate regulations concerning labeling
requirements, provides that, for imports, the Customs will enforce those regulations. See
21 C.F.R. Part 101, Part 701 (1995); 16 C.F.R. �� 500 (1995). |
15 U.S.C. �� 1471-1476 -
Poison Prevention Packaging Act of 1970 |
Customs makes sure that imported
products are labeled correctly. |
15 U.S.C. �� 1901-1949 -
National Traffic and Motor Vehicle Safety Act of 1966 (Bumper Standards) |
Customs may deny entry to any
automobile failing to comply with the Act which provides for the setting of motor vehicle
bumper standards by the NHTSA, and prohibits the manufacture, sale, delivery or
importation of vehicles with bumpers which do not meet the standard. Temporary
importations may be permitted for the purpose of bringing substandard vehicles into
conformity with the bumper standards (Section 1916). See 49 C.F.R. Part 581 (1995). |
15 U.S.C. �� 2021-2034 -
National Traffic and Motor Vehicle Safety Act of 1966 (Theft Prevention) |
Customs assists in the
enforcement of this Act which provides for the setting of motor vehicle theft prevention
standards by the Secretary of Transportation concerning major automotive parts, and
prohibits the manufacture, sale, delivery or importation of vehicles which do not meet the
standard. Temporary importations may be permitted for the purpose of bringing substandard
vehicles into conformity with the standards (Section 2027). |
15 U.S.C. �� 2051-2083 -
Consumer Product Safety Act |
Customs assists in the
enforcement of this Act which provides for the establishment of the Consumer Products
Safety Commission (CPSC) and the setting of consumer product safety standards. The CPSC
has the authority to issue an order prohibiting the importation, and refuse admission, of
products which it determines are in violation of the CPSC standards. (Sections 2064 and
2066). Products solely for export are exempted from the CPSC standards. See 16 C.F.R. ��
1500.1-1500.272 (1995). |
15 U.S.C. �� 2101-2106 -
Hobby Protection Act |
Customs enforces import
restrictions under this Act which prohibits the manufacture or importation of political
items, coins and other numismatic items which do not meet specified marking requirements.
See 16 C.F.R. �� 304.1-304.6 (1995). |
15 U.S.C. �� 2601-2629 -
Toxic Substances Control Act |
Under this Act which provides for
the regulation of toxic substances by the Environmental Protection Agency (EPA), Customs
prohibits the entry of any chemical substance which violates EPA��s standards. Treasury,
in consultation with EPA, promulgated regulations to enforce the entry ban. See 19 C.F.R.
�� 12.118-127 (1995). |
15 U.S.C. �� 4401-4408 -
Comprehensive Smokeless Tobacco Health Education Act |
Customs assists in the
enforcement of this Act which prohibits the manufacture, importation, or package for sale
within the United States of any smokeless tobacco product which fails to bear the Surgeon
General warning label. See 16 C.F.R. �� 307.1- 307.12 (1995). |
15 U.S.C. �� 4605 - Export
of Semiconductor Manufacturing |
Customs enforces this section
which provides that the exports of materials, equipment and technology developed through a
federal grant by the consortium of U.S. semiconductor firms (Sematech) shall be subject to
the Export Administration Act of 1979 (50 U.S.C. App. �� 2401). |
TITLE 16 - CONSERVATION
back to top
16 U.S.C. �� 620-620j -
Forest Resources Conservation and Shortage Relief Act of 1990 |
Customs enforces the prohibition
on the exportation of unprocessed timber originating from certain federal, state or other
public lands. |
16 U.S.C. �� 668-668d - Bald
Eagle Protection Act |
Customs enforces the prohibition
on the transporta tion of bald eagles and golden eagles except as authorized by Interior.
See 19 C.F.R. �� 12.26 (1995); 50 C.F.R. Part 10 (1995). |
16 U.S.C. �� 701 - Lacey Act |
Customs enforces the prohibition
on the importation of game and wild birds in contravention of this law. See 19 C.F.R. ��
12.26 (1995). |
16 U.S.C. �� 703-708;
709a-711 - Migratory Bird Treaty Act |
Customs enforces the provisions
of this treaty proscribing the importation of migratory birds or products relating thereto
if obtained in violation of the laws of any province of the Dominion of Canada from which
taken. See 50 C.F.R. Parts 10, 14, 15, 16, 20 and 21 (1995) and 19 C.F.R. �� 12.26
(1995). |
16 U.S.C. �� 742a-742d;
742e-742j-1 - Fish and Wildlife Act of 1956 |
Customs enforces the prohibition
on the importation of any wild animal or bird contrary to the provisions of this Act. See
19 C.F.R. �� 12.26 (1995), 50 C.F.R. Part 10 (1995). |
16 U.S.C. �� 773-773k -
Northern Pacific Halibut Act of 1982 |
Customs enforces this Act dealing
primarily with catching, attempting to catch, or importing halibut. |
16 U.S.C. �� 781-785 -
Sponge Act |
Customs enforces provisions of
this law which prohibits possession in commerce of sponges below a certain size. |
16 U.S.C. �� 916-916-l -
Whaling Convention Act of 1949 |
Customs enforces prohibitions
against the importation or exportation of whale or whale products. See 19 C.F.R. ��
12.30 (1995), 50 C.F.R. Part 351 (1995). |
16 U.S.C. �� 951-953;
955-961 - Tuna Convention Act of 1950 |
Customs denies entry of tuna
imported contrary to this Act. |
16 U.S.C. �� 971-971i -
Atlantic Tunas Convention |
Customs in cooperation with the
Coast Guard and the Secretary of Commerce is responsible for enforcement including
restricting the entry of certain fish. |
16 U.S.C. �� 972-972h -
Eastern Pacific Tuna Fishing |
Customs in cooperation with the
Coast Guard and the Secretary of Commerce is responsible for enforcement including
restricting the entry of certain fish. |
16 U.S.C. �� 973 - South
Pacific Tuna Fishing |
Customs in cooperation with the
Coast Guard and the Secretary of Commerce is responsible for enforcement including
restricting the entry of certain fish. |
16 U.S.C. �� 1021-1023;
1025-1030; 1032-1035 - North Pacific Fisheries Act of 1954 as amended |
Customs prevents the landing of
fish caught in violation of this international agreement to abstain from fishing in
certain areas. |
16 U.S.C. �� 1151-1175 - Fur
Seal Act of 1966 as amended |
Customs enforces prohibitions
against the importation or possession of fur seals and sea otters. See 19 C.F.R. ��
12.60-12.63 (1995); 50 C.F.R. Part 215 (1995). |
16 U.S.C. �� 1361-1362;
1371-1407, 1421a-1421h - Marine Mammal Protection Act of 1972 as amended |
Customs enforces the prohibition
against importation of marine mammals taken in violation of the Act and aids in
enforcement of the penalty provisions. See 19 C.F.R. �� 12.30 (1995); 50 C.F.R. Parts
10, 17, 18, and 216 (1995). |
16 U.S.C. �� 1411-1418 -
International Dolphin Conservation Act of 1992 |
Customs enforces the prohibition
against the importation of yellowfin tuna or yellowfin tuna products under certain
conditions. |
16 U.S.C. �� 1531-1543 -
Endangered Species Act of 1973 |
Customs enforces the prohibitions
against importation into or exportation from the United States of any endangered species,
unless an exemption is granted. 19 C.F.R. �� 12.26 (1995). |
16 U.S.C. �� 1801-1802,
1811-1813, 1821-1826, 1851-1862, 1881-1882, - Magnuson Fishery Conservation and Management
Act |
Customs enforces the prohibition
against fishing by foreign vessels in U.S. waters and in contiguous fisheries zone,
including provisions relating to the transportation in foreign commerce of certain
lobsters. |
16 U.S.C. �� 1826a-1826c -
High Seas Driftnet Fisheries Enforcement Act |
Customs denies port privileges to
certain large-scale driftnet fishing vessels. |
16 U.S.C. �� 2401-2412 -
Antarctic Conservation Act of 1978 |
Customs enforces the prohibition
against importation, absent a special permit, of any flora or fauna native to Antarctica
into the United States. |
16 U.S.C. �� 3371-3378 -
Lacey Act Amendments of 1981 |
Customs enforces the prohibition
on the importation and exportation of any fish, wildlife or plants contrary to this Act.
See 50 C.F.R. �� 10.1-10.22 (1995). |
16 U.S.C. �� 4901-4916 -
Wild Bird Conservation Act of 1992 |
Customs enforces the prohibition
on the importation of certain exotic birds. |
16 U.S.C. �� 5301-5306 -
Rhinoceros and Tiger Conservation Act of 1994 |
Customs enforces (with reference
to 22 U.S.C. �� 1978) restrictions on the importation of wildlife specimens and products
from Taiwan and import certification requirements for China, directed towards a goal of
ending trade in rhinoceros and tiger products. |
TITLE 17 - COPYRIGHTS
back to top
17 U.S.C. �� 101-120 -
Copyright Acts |
Customs enforces the provisions
of this Act which prohibit or restrict the importation of certain copyrighted works. 37
C.F.R. �� 201.8 (1995); 19 C.F.R. �� 133.31-133.53 (1995). See also 18 U.S.C. ��
2319 for criminal penalty provisions relating to violations of 17 U.S.C. �� 506(a). |
17 U.S.C. �� 901-914 -
Semiconductor Chip Production Act of 1984 |
Customs enforces this Act which
excludes articles that infringe the rights of mask work owners. |
17 U.S.C. �� 1001-1010 -
Audio Home Recording Act of 1992 |
Prohibits the importation of
certain digital audio recording devices or digital audio interface devices. |
TITLE 18 - CRIMES AND
CRIMINAL PROCEDURE
back to top
18 U.S.C. �� 42, 46-47 -
Importation of Animals, Birds, Fish and Plants |
Customs enforces the laws
affecting the importation of mammals, birds, fish, amphibia and reptiles. 50 C.F.R. Parts
10, 13 and 16 (1995); 19 C.F.R. Part 12 (1995). |
18 U.S.C. �� 111-115 -
Assaults on Federal Officers |
Customs reports to U.S. attorneys
any assaults or threats thereof on federal officers or members of their immediate family. |
18 U.S.C. �� 205-225 -
Bribery Detection |
Customs attempts to detect
violations of law pertaining to bribery of Customs officers. |
18 U.S.C. �� 286 -
Conspiracy to Defraud |
Customs enforces this criminal
provision with regard to conspiracy to defraud Customs by any false, fictitious or
fraudulent claim. (See also 18 U.S.C. �� 371, general conspiracy statute) |
18 U.S.C. �� 287 - False,
Fictitious or Fraudulent Claims |
Customs enforces this provision
pertaining to the presentation of any claim upon or against the United States knowing that
the claim is false, fictitious or fraudulent. |
18 U.S.C. �� 371 -
Conspiracy |
Customs enforces this criminal
provision with regard to conspiracy to defraud the United States or any agency thereof in
any manner or for any purpose |
18 U.S.C. �� 471-510 -
Importation of Counterfeit or Forged Obligations or Securities |
Customs enforces the law
prohibiting the importation of counterfeit obligations, securities, coins, currency,
Customs forms, ships�� papers, and the plates or stones for counterfeiting the same. 19
C.F.R. �� 12.48 (1995). |
18 U.S.C. �� 511-512 - Motor
Vehicles |
Customs enforces these provisions
relating to altered or removed motor vehicle identification numbers. |
18 U.S.C. �� 541 - Entry of
Goods Falsely Classified |
Customs enforces this provision
which prescribes a penalty for falsely classifying goods upon entry as to weight, measure,
quality or value. |
18 U.S.C. �� 542 - Entry by
Means of False Statements |
Customs enforces this law which
prescribes a penalty for the entry or introduction into the commerce of the United States
any merchandise by means of false statements, documents or practices. |
18 U.S.C. �� 543 - Entry of
Goods for Less than Legal Duty |
Customs enforces this criminal
sanction with prohibits any revenue officer from entering goods upon payment of less than
legal duty. |
18 U.S.C. �� 544 - Relanding
of Goods |
Customs enforces this criminal
law which penalizes the party involved and allows for forfeiture of any goods entered or
withdrawn for exportation without payment of duties thereon or with the intent to obtain a
drawback of duties paid and later relanded in the United States without entry. |
18 U.S.C. �� 545 - Smuggling
Goods into the United States |
Customs enforces this sanction
prohibiting the smuggling of merchandise into the United States or importing merchandise
into the United States contrary to law. Customs also forfeits merchandise introduced in
violation of this statute. |
18 U.S.C. �� 546 - Smuggling
Goods into Foreign Countries |
Customs enforces this prohibition
against the smuggling of goods into foreign countries by U.S. vessels, citizens, etc. on
the basis of reciprocity. |
18 U.S.C. �� 547 -
Depositing Goods in Buildings on Boundaries |
Customs enforces this criminal
statute which prohibits receiving or depositing any merchandise in any building upon the
boundary line between the United States and any foreign country in violation of law. |
18 U.S.C. �� 548 - Removing
or Repacking Goods in Warehouses |
Customs enforces this statute
which makes criminal the concealment, removal or repacking of merchandise in any bonded
warehouse or the fraudulent alteration of any marks thereon. |
18 U.S.C. �� 549 - Removing
Goods from Customs Custody; Breaking Seals |
Customs enforces this criminal
statute which prohibits the unauthorized attachment or removal of a Customs seal, the
removal or attempted removal of bonded merchandise from Customs custody, and the receipt
or transportation of any such merchandise unlawfully removed. |
18 U.S.C. �� 550 - False
Claim for Refund Duties |
Customs enforces this statute
which provides penalties for any false or fraudulent entry or claim for the payment of
drawback, allowance, or refund of duties upon the exportation of merchandise. |
18 U.S.C. �� 551 -
Concealing or Destroying Invoices or other Papers |
Customs enforces this criminal
provision which prohibits the destruction or concealment of any papers related to the
importation of merchandise into the United States. |
18 U.S.C. �� 552 - Officers
Aiding Importation of Obscene or Treasonous Books and Articles |
Customs enforces the prohibition
on any officer of the United States aiding in the importation of obscene or treasonous
books or articles. |
18 U.S.C. �� 553 - Stolen
Motor Vehicles |
Customs enforces this law
pertaining to the importation or exportation of stolen motor vehicles, vessels, aircraft
and other mobile equipment. |
18 U.S.C. �� 641 - Public
Money, Property, or Records |
Customs enforces this criminal
statute which prohibits theft, receipt, concealment or retention of any United States
property stolen from Customs custody. |
18 U.S.C. �� 659 -
Interstate or Foreign Shipments by Carrier |
Customs aids in the enforcement
of this statute which prohibits the theft or embezzlement of goods from foreign shipment
of carriers and the receipt or possession of stolen or embezzled goods. |
18 U.S.C. �� 831, 836 -
Dangerous Cargo Act |
Customs enforces import
restrictions on fireworks and nuclear materials. 49 C.F.R. Parts 171, 173, 179, and 195
(1995); 46 U.S.C. �� 870. |
18 U.S.C. �� 841-848 -
Importation of Explosive Materials |
Customs aids in the enforcement
of this criminal statute which requires a license for the importation of explosives. 26
C.F.R. Part 181 (1995). |
18 U.S.C. �� 912-917 - False
Impersonation |
Customs enforces these laws
relating to impersonating a Federal officer. |
18 U.S.C. �� 921-930 - Gun
Control Act |
Customs enforces restrictions on
the importation of firearms. 26 C.F.R. Part 178 (1995) and 26 C.F.R. �� 251 (1995). |
18 U.S.C. �� 955 - Foreign
Securities Act |
Customs enforces laws designed to
prevent importation of counterfeit coins, stamps and similar items. |
18 U.S.C. �� 960-967 -
Exportation of Armed Vessels, Arms, Liquor and Narcotics |
Customs enforces the provisions
of law regulating the prerequisites to a vessel��s departure and the prohibitions
against exportation of armed vessels, arms, liquor and narcotics. |
18 U.S.C. �� 981-982, 984 -
Money Laundering |
Customs civil and criminal
forfeiture authorities regarding money laundering violations. See �� 18 U.S.C.
�� 1956. |
18 U.S.C. �� 1001-1032 -
False and Fraudulent Statements |
Customs enforces the provisions
of law which relate to false or fraudulent statements made to defraud the United States. |
18 U.S.C. �� 1081-1084 -
Gambling Ship Act |
Customs enforces this provision
which prohibits the transportation between ship and shore or passengers to or from a
gambling ship not within the jurisdiction of any state. |
18 U.S.C. �� 1263 - Marks
and Labels on Packages of Liquor |
Customs enforces these provisions
which provide for a fine or imprisonment for those who knowingly ship into the U.S. any
unmarked or labeled package of liquor, and the seizure and forfeiture of any such liquor.
See also 18 U.S.C. �� 3615; 21 U.S.C. �� 342(d); 27 U.S.C. �� 201-219a; 19 C.F.R.
�� 12.37-12.38 (1995); 27 C.F.R. �� 251, Parts 1, 3-5, 7 (1995). |
18 U.S.C. �� 1301 -
Importing or Transporting Lottery Tickets |
Customs enforces this provision
which prohibits the importation or transportation in interstate or foreign commerce of any
lottery ticket. |
18 U.S.C. �� 1341-1346 -
Mail Fraud |
Customs enforces these provisions
relating to mail and wire fraud. |
18 U.S.C. �� 1462, 1465 -
Importation or Transportation of Obscene Matters |
Customs enforces these provisions
which prohibit the importation or transportation into the United States of any obscene
material. |
18 U.S.C. �� 1699 -
Certification of Delivery from Vessel |
Customs enforces this provision
of law which requires that no vessel shall break bulk or make entry until all letters on
board are delivered to the nearest post office. |
18 U.S.C. �� 1715 - National
Firearms Act |
Customs make sure that all
imported explosive, munitions of war, firearms and ammunition are covered by an ATF
permit. |
18 U.S.C. �� 1761-1762 -
Transportation or Importation of Prison-Made Goods |
Customs enforces these provisions
which prohibit knowingly transporting into the United States goods or merchandise made by
prisoners from any foreign country. 19 C.F.R. �� 12.45 (1995). |
18 U.S.C. �� 1912 -
Acceptance of Fees |
Acceptance of any fee or reward,
relative to inspection of vessels is prohibited unless allowed by law. |
18 U.S.C. �� 1915 -
Compromise of Customs Liabilities |
Customs enforces this provision
of law which prohibits an officer of the U.S., without lawful authority, to compromise, or
abate any claim of the U.S. arising under the Customs laws. |
18 U.S.C. �� 1951, 2513,
1961-1068 - Anti-Racketeering Act |
Customs aids in the enforcement
of these criminal statutes pertaining to racketeering. 28 C.F.R. �� 9(a) (1995). |
18 U.S.C. �� 1956, 1957,
1960, 981-982, 984 - Money Laundering Control Act of 1986 |
Customs enforces these provisions
directed at illegal financial transactions and international transportation of funds. |
18 U.S.C. �� 2117 - Breaking
or Entering Carrier Facilities |
Customs assists in enforcing this
provision which prohibits the breaking or entering of sealed or locked carrier facilities. |
18 U.S.C. �� 2119 - Motor
Vehicles |
Customs enforces this provision
which prohibits, while possessing a firearm, the taking of a motor vehicle from a person
or their presence by force and violence or by intimidation that has been transported,
shipped or received in interstate or foreign commerce. |
18 U.S.C. �� 2231 - Assault
or Resistance to Serving and Executing a Search Warrant |
Customs enforces this provision
of law which provides for a monetary penalty and/or imprisonment for forcibly assaulting,
resisting, opposing or preventing the service or execution of a search warrant. |
18 U.S.C. �� 2232 -
Destruction or Removal of Property to Prevent Seizure |
Customs enforces this provision
of law which prohibits the destruction or removal of property to prevent seizure. |
18 U.S.C. �� 2233 - Rescue
of Seized Property |
Customs enforces this provision
of law which prohibits the rescuing of property which has already been seized. |
18 U.S.C. �� 2251-2258 -
Child Protection Act of 1984, as amended by the Child Protection Restoration and Penalties
Enhancement Act of 1990 |
Customs enforces provisions
forbidding the shipment of material relating to the sexual exploitation of minors. |
18 U.S.C. �� 2274, 2275,
2276 - Destruction of Vessels within the Admiralty and Maritime Jurisdiction of the U.S. |
Customs enforces these provisions
of law which prohibit the destruction, misuse, tampering, or breaking and entering of any
vessel. |
18 U.S.C. �� 2277 -
Explosives or Dangerous Weapons Aboard Vessels |
Customs enforces this prohibition
against the existence of explosives and dangerous weapons aboard vessels. See 46 U.S.C.
�� 170. |
18 U.S.C. �� 2279 - Boarding
Vessels before Arrival |
Customs enforces this provision
of law which prohibits unauthorized persons from boarding vessels before they are actually
moored, when they are about to arrive at their place of destination. |
18 U.S.C. �� 2312, 2313 -
Transportation, Sale or Receipt of Stolen Vehicles |
Customs enforces these provisions
prohibiting the transportation, sale or receipt of stolen vehicles or aircraft. |
18 U.S.C. �� 2317, 2319 -
Stolen Property |
Customs aids in the enforcement
of these provisions prohibiting the transportation of stolen articles in interstate or
foreign commerce. |
18 U.S.C. �� 2318 -
Trafficking in Counterfeit Labels |
Customs aids in the enforcement
of these provisions regarding counterfeit phonorecord labels, copies of motion pictures
and other audiovisual works. |
18 U.S.C. �� 2320 -
Trafficking in Counterfeit Goods or Services |
Customs enforces this statute
prohibiting trafficking of counterfeit goods or services. |
TITLE 19 - CUSTOMS DUTIES
back to top
19 U.S.C. �� 3, 66
Delegation of Authority |
The Secretary of the Treasury
shall delegate to Customs the authority to enact the necessary rules in order to carry out
the task of collecting duties. |
19 U.S.C. �� 58a-58c
Fees for Services of Customs Officers |
This provision enables Customs to
collect fees on arriving vessels and to cover the costs of services furnished by Customs
officers. |
19 U.S.C. �� 68, 69
Erection of Buildings |
Customs may acquire land and
erect buildings along the Canadian and Mexican borders, and in the U.S. Virgin Islands and
Guam, to aid in the enforcement of customs and immigration laws; Customs also may erect
protective gates across international highways and roads crossing the border as may be
necessary to prevent unlawful entry or smuggling. |
19 U.S.C. �� 70
Obstruction of Revenue Officers from Boarding Vessels |
Customs enforces this statute
which prohibits the master of a vessel from obstructing or hindering any revenue officer
from boarding a vessel to enforce the revenue or navigation laws of the United States. |
19 U.S.C. �� 81a-81u
Foreign Trade Zones |
Customs controls access to, and
acts within, foreign trade zones. Such zones are created pursuant to this statute to allow
foreign goods to be manufactured or manipulated in the United States without being
"admitted" into the customs territory of the United States. 19 C.F.R. �� 146
(1995); 15 C.F.R. Part 400 (1995). |
19 U.S.C �� 130-131
Country of Origin |
Customs enforces certain
prohibitions against importation of goods by the use of other than U.S. or country of
origin vessels. |
19 U.S.C. �� 282-294
Oath of Master, Sea Stores, Places with no Customhouse |
Customs enforces these provisions
which regulate the passage of vessels between customhouses, foreign ports, and domestic
ports without customhouses, with respect to the vessels�� passengers, "sea
stores" and cargo. |
19 U.S.C. �� 482
Search of Vehicles and Persons |
This provision gives Customs
officers the authority to stop, search, and examine any vehicle, beast, or person entering
the United States. |
19 U.S.C. �� 507
Officers to Make Character Known |
Customs officers are given the
authority to demand the assistance of any person, when necessary, to help the officer in
carrying out his duties. |
19 U.S.C. �� 1202-1677
Tariff Act of 1930, as amended |
Customs enforces all laws
relating to assessment and collection of duty, protection of the revenue, entry of
vessels, clearance of passengers, exclusion of prohibited merchandise, and regulation of
customhouse brokers. |
19 U.S.C. �� 1701-1711
Anti-Smuggling Act |
Customs is provided with special
enforcement authority to cope with smuggling. |
19 U.S.C. �� 1751-1756
Trade Fair Act of 1959 |
Customs enforces this Act
relating to the entry of merchandise intended for exhibition or for use in constructing,
installing, or maintaining foreign exhibits at designated trade fairs. |
19 U.S.C. �� 1801-1888
Trade Expansion Act of 1962 |
This Act authorizes rates of duty
and changes in rates of duty to carry out obligations under international trade agreements
to which the United States is a party. |
19 U.S.C. �� 2001-2033
Automotive Products Trade Act of 1965 |
Customs insures that products
claimed to be duty free under this Act are bona-fide products of Canada and are actually
used in the manufacture of original automotive equipment. |
19 U.S.C. �� 2081
Undercover Investigative Operations of the Customs Service |
Customs authority to conduct
undercover operations subject to certain statutory exemptions and procedures is codified
under this law. |
19 U.S.C. �� 2091-2095
Importation of Pre-Columbian Art |
Customs enforces the provisions
requiring that all importations of Pre-Columbian Art be accompanied by a certificate from
the country of origin certifying that such exportation was lawful. |
19 U.S.C. �� 2101-2119
Trade Act of 1974 |
Customs, under this Act, is given
additional enforcement responsibilities with respect to antidumping, countervailing
duties, and unfair import practices. In addition, Customs is given the responsibility of
administering a generalized system of preferences applicable to developing nations. |
19 U.S.C. �� 2502-2581
Trade Agreements Act of 1979 |
Customs enforces the provisions
of agreements or determinations made under this law. |
19 U.S.C. �� 2601-2613
Convention on Cultural Property |
Customs enforces the provisions
which prohibit and prevent illicit importations of cultural property. |
19 U.S.C. �� 2701-2706
Caribbean Basin Economic Recovery Act |
Customs administers the
provisions of this Act which permit duty-free treatment for eligible articles from certain
Caribbean Basin nations. |
19 U.S.C. �� 3001-3012
Implementation of the Harmonized Tariff Schedule |
Customs administers this Act
which implements the nomenclature established by the International Convention on the
Harmonized Commodity Description and Coding System. |
19 U.S.C. �� 3201-3206
Andean Trade Preference Act |
Customs insures that articles
claimed to be duty-free from Bolivia, Ecuador, Columbia and Peru meet the necessary
standards. |
P.L. 100-449
United States-Canadian Free Trade Agreement Implementation Act of 1988 |
Customs enforces this Act which
adopts the duty preferences of the U.S.- Canada Free Trade Agreement. See also 19 U.S.C.
�� 1508(b)-(d) and 19 C.F.R. Parts 10, 24, 148 (1995). |
TITLE 21 - FOOD AND DRUGS
back to top
21 U.S.C. �� 41-50 - Tea
Importation Act |
Customs enforces this Act which
makes it unlawful to import tea which is inferior to the standards set forth in 21 U.S.C.
�� 43, and prohibits the importation of such merchandise except as permitted by the
Harmonized Tariff Schedule. Section 43 authorizes the Secretary of the Treasury to
establish standards. See, 21 C.F.R. Part 1220 (1995), 19 C.F.R. �� 12.33 (1995). |
21 U.S.C. �� 61-64 - Filled
Milk Act |
It is unlawful to manufacture,
ship or deliver filled milk for shipment in interstate or foreign commerce. The Department
of Agriculture regulations are enforced by Customs. |
21 U.S.C. �� 101-105 -
Importation of Cattle and Quarantine |
This Act provides for suspension
of importation of animals to prevent the spread of disease, and for the quarantine of
prohibited classes of animals. Importation of all animals described by the Act is
prohibited except at certain designated ports. All animals are to be inspected upon import
or export. Customs approves the designation of ports in quarantine and is authorized to
enforce Department of Agriculture regulations. See, 9 C.F.R. Parts 91-96 (1995); 19 C.F.R.
�� 12.24 (1995). |
21 U.S.C. �� 111-135b -
Prevention of Introduction and Spread of Contagion |
This statute authorizes the
Secretary of Agriculture to prevent the introduction and the Secretary of the Treasury to
prevent the exportation of diseased livestock or poultry. See, 9 C.F.R. Parts 50, 51, 53,
56, 71, 73, 75, 76, 78, 79, 82, 85, 91, 98, 99 (1995). |
21 U.S.C. �� 113a -
Foot-and-Mouth Disease Act |
This Act authorizes the study of
animal disease and prohibits introduction of live foot and mouth disease virus into the
United States except under certain defined circumstances. Customs enforces Agriculture
restrictions and regulations. |
21 U.S.C. �� 135 -
Establishment of International Animal Quarantine Stations |
This Act authorizes the
establishment of international quarantine stations. Customs enforces laws regarding
importation of livestock. |
21 U.S.C. �� 141-149 -
Import Milk Act |
This Act restricts the
importation of unfit milk and cream by means of a system of permits and inspections.
Customs enforces the regulations of the Department of Health and Human Services by
refusing to permit the importation of any milk or cream that is not tagged in accordance
with such regulations. See, 19 C.F.R. �� 12.7 (1995); 21 C.F.R. Part 1210 (1995). |
21 U.S.C. �� 151-159 - Virus
Serum and Toxin Act |
This Act prohibits the
preparation, sale and importation of any worthless or harmful virus, serum, toxin or
analogous product for use in the treatment of domestic animals without a permit. Customs
enforces the regulations of the Department of Agriculture by detaining unauthorized
importations or supervising export of such shipments. See, 9 C.F.R. Part 101-107 (1995);
19 C.F.R. �� 12.17-12.24 (1995). Special rules apply to such importations from Canada.
See, 21 U.S.C. �� 152. |
21 U.S.C. �� 301-394 -
Federal Food, Drug and Cosmetic Act |
This Act prohibits deceptive
practices and regulates the manufacture, sale and importation or exportation of food,
drugs and cosmetics. See, 21 U.S.C. �� 331, 381, 382. Customs enforces the regulations
of the Secretary of Health and Human Services and the Secretary of the Treasury by
regulating the release of the foregoing products and/or their exportation. See, 19 C.F.R.
Part 12 (1995); 21 C.F.R. �� 1.83-1.99 (1995). See, also, MOU between FDA and Customs,
October 1, 1980. |
21 U.S.C. �� 451-470 -
Poultry Products Inspection Act |
This Act provides standards for
inspection, packaging and sale of poultry and poultry products and prohibits the
importation of slaughtered poultry not in compliance with prescribed standards and
regulations. Customs enforces the regulations of the Department of Agriculture by refusing
to permit the importation of nonconforming poultry. See, 9 C.F.R. Part 381 (1995). |
21 U.S.C. �� 601-624 -
Federal Meat Inspection Act |
This Act provides standards for
inspection, packaging and sale of meat and meat products and prohibits the importation of
adulterated, misbranded or improperly slaughtered meat. Customs enforces the prohibition
against the importation of such products in violation of the regulations of the Department
of Agriculture and the prohibition against the clearance of vessels carrying cattle and
other animals without an inspector��s certificate. See, 19 C.F.R. �� 12.8-12.9 (1995);
19 U.S.C. �� 1306; 9 C.F.R. Part 327 (1995). |
21 U.S.C. �� 801-966 -
Controlled Substances Act |
This Act prohibits the
manufacture, distribution, dispensing or improper possession or use of controlled
substances, except as provided in the Act; provides for registration of legitimate
manufacturers; provides for penalties and forfeiture of profits derived from continuing
criminal enterprises; and forfeiture of conveyances used to or facilitating the transport,
sale etc., of controlled substances. (Customs officers cross-designated by the Attorney
General pursuant to 21 U.S.C. �� 873(b) are authorized to conduct any investigations,
seizures or forfeitures under this Act). |
21 U.S.C.�� 801, 802,
830,841-843, 872, 876, 881, 960, 961.972 - Chemical Diversion and Trafficking Act of 1988 |
This Act prohibits the
importation and exportation of certain chemicals used to manufacture a controlled
substance as well as forfeiture of these chemicals, all drug manufacturing equipment, all
tableting machines, all encapsulating machines and all gelatin capsules, which have been
imported, exported in violation of this law. See 21 C.F.R. �� 1310-1313 (1995). |
21 U.S.C. �� 863 - Mail
Order Drug Paraphernalia Control Act |
This Act is enforced by Customs
and prohibits the import/export of drug paraphernalia; provides for imprisonment or fine;
and authorizes seizure or forfeiture. |
21 U.S.C. �� 951-971 -
Controlled Substances Import and Export Act |
This Act prohibits the
importation, or exportation of controlled substances except as provided in the Act;
prohibits manufacture or distribution for purposes of unlawful distribution; prohibits
illegal manufacture, distribution and possession on board vessels arriving in or departing
from U.S.; and requires registration and permits to import or export controlled
substances. Pursuant to 21 C.F.R. �� 1312.14, 1312.15, 1312.19, 1312.24 and 1312.28
(1995) registered importers and exporters must file permits and declarations with the
Customs District Director at the port of import or export, who then forwards them to the
appropriate DEA office. (Customs officers cross-designated by the Attorney General
pursuant to 21 U.S.C. �� 873(b) are authorized to conduct any investigations, seizures
or forfeitures under this Act). |
21 U.S.C. �� 967-969 -
Investigations, Oaths, Subpoenas, etc. |
This Act authorizes the Secretary
of the Treasury to subpoena witnesses, compel testimony, etc. in connection with any
investigation necessary to the enforcement of 18 U.S.C. �� 545 with respect to
controlled substances; and provides for contempt proceedings. |
21 U.S.C. �� 1031-1056 - Egg
Product Inspection |
Section 1046 prohibits the
importation of certain restricted eggs (including "dirties" "incubator
rejects" and "leakers") except as authorized by the Secretary of
Agriculture; 7 C.F.R. �� 59.900-59.970 (1995) provides for Customs to enforce
regulations regarding inspection, labeling, certification, detention, sealing, movement
under bond etc. of imported eggs. |
TITLE 22 - FOREIGN RELATIONS
back to top
22 U.S.C. �� 254a-254e;
256-258a - Diplomatic Relations Act |
Customs accords diplomatic
immunity to members of missions from foreign nations and their families in compliance with
the Vienna Convention on Diplomatic Relations. |
22 U.S.C. �� 287c - United
Nations Participation Act of 1945 |
This Act provides Customs with
authority for the enforcement of certain economic sanctions. |
22 U.S.C. �� 288b - Baggage
and Effects of Officers and Employees of International Organizations and Foreign
Governments |
Baggage and effects of alien
officers and employees of international organizations are exempt from Customs duties. 19
C.F.R. �� 148.81 (1995). |
22 U.S.C. �� 401, 406, 408,
421-422 - Exportation of War Materials |
This Act authorizes Customs
seizure and forfeiture of arms, munitions of war, and other articles exported in violation
of law. 22 C.F.R. Part 127 (1995). |
22 U.S.C. �� 454a - Unlawful
Use of American Flag |
Customs enforces this section
which prohibits any foreign flag vessel from using a U.S. flag or such distinctive
markings. See 19 C.F.R. �� 4.61 (1995). |
22 U.S.C. �� 464 - Vessels
Built or Fitted Out for Warlike Purposes |
Customs enforces this provision
which requires the detention of any vessel built for warlike purposes which is about to
depart the United States. |
22 U.S.C. �� 611-621 -
Foreign Agents Registration Act of 1938, as amended |
Customs enforces this Act which
restricts and sets guidelines for the importation of political propaganda. 28 C.F.R. Part
5 (1995). |
22 U.S.C. �� 1978 -
Restriction on Imports of Fishery or Wildlife Products |
Customs enforces the prohibition
on the importation of fish products or wildlife products from countries which have been
found to violated international fishery, endangered or threatened species programs. |
22 U.S.C. �� 2291(c)(1) -
Prohibition on Participation in Police Arrest Action in any Foreign Country with Respect
to Drug Violations |
Subject to certain exceptions, no
Customs officer may engage or participate in any direct police action in any foreign
country with respect to narcotics control efforts, and other restrictions apply to certain
enforcement activities. |
22 U.S.C. �� 2304 - Human
Rights and Security Assistance |
International Narcotics
Control Corrections Act of 1994, amending 22 U.S.C. �� 2291 concerning the use of
herbicides for aerial eradication, and also NATO Participation Act of 1994,
providing for a program to assist the transition to NATO membership of Poland, Hungary,
the Czech Republic, Slovakia, and other "Partnership for Peace" countries, i.e.
such as those not supporting international terrorism.
Customs assists in the enforcement of this provision which prohibits the licensing for
export of crime control and detection instruments and equipment to countries which engage
in violations of internationally recognized human rights. |
22 U.S.C. �� 2349aa-8 -
Prohibition on Imports from and Exports to Libya |
Customs enforces this law which
provides for the limitation of importations from and exportations to Libya. |
22 U.S.C. �� 2340aa-9 - Ban
on Imports from Countries Supporting Terrorism |
Customs enforces this restriction
on imported goods from countries supporting terrorism. |
22 U.S.C. �� 2370(a) -
Embargo on Trade - Cuba |
Customs polices the embargo on
all trade with Cuba unless deemed by the President to be in the national interest. |
22 U.S.C. �� 2371 -
Prohibition on Assistance to Countries Supporting International Terrorism |
Customs assists in the
enforcement of this section which prohibits the licensing for export of products to
countries which grant sanctuary to international terrorists. |
22 U.S.C. �� 2459 - Immunity
from Seizure of Cultural Objects Imported for Temporary Exhibition |
Customs administers this law
which exempts from seizure any archaeological or ethnological material or any article of
cultural property which is imported into the United States for temporary exhibition or
display if specially designated under the Act. |
22 U.S.C. �� 2778 - Arms
Export Control Act |
Customs enforces this Act which
governs the exportation and importation of defense articles. 22 C.F.R. Parts 120-127
(1995); 27 C.F.R. Part 47 (1995). |
22 U.S.C. �� 2778 note -
Landmine Export Moratorium |
Customs enforces the prohibition
for one year against any anti-personnel landmine. The prohibition ends on October 22,
1993. |
22 U.S.C. �� 5001-5117 -
Anti-Apartheid Program |
Customs enforces the provisions
prohibiting importation of krugerrands, military articles, certain agricultural products,
and certain other materials and exportation of computer parts and arms. |
22 U.S.C. �� 6001-6010 -
Cuban Democracy Act of 1992 |
Customs enforces the provisions
of this Act which allows certain exports to Cuba. |
TITLE 26 - INTERNAL REVENUE
CODE back to top
26 U.S.C. �� 4461-4462 -
Harbor Maintenance Tax |
Customs collects an ad valorem
tax imposed for port use. All administrative and enforcement provisions of Customs laws
and regulations shall apply to the tax of this subchapter as if such tax were a Customs
duty. |
26 U.S.C. �� 4611-4682 -
Environmental Taxes |
Customs collects an excise tax on
a number of imported petroleum products, chemical and "taxable substances", for
example, if the Secretary of the Treasury determines, after consulting with Customs and
EPA, that taxable chemicals constitute more than 50% of the weight. |
26 U.S.C. �� 5001-5010 - Tax
on Distilled Spirits |
Customs collects a tax imposed on
distilled spirits, wines and beer. Customs assists in collecting the taxes and in certain
regulatory functions. Customs collection of internal revenue taxes on imported distilled
spirits, beer and wine are to be collected, accounted for, and deposited as internal
revenue collections by the District Director of Customs. See 27 C.F.R. �� 251.48 (1995).
Customs also collects taxes on distilled spirits, beer and wine that must be paid by
electronic fund transfer (EFT). Customs further assists in the enforcement of the tax laws
through its inspection powers. The Customs officer shall not release distilled spirits
until he inspects the spirits, with particular emphasis on losses in transit, and makes
certain that various documentary requirements are complied with. See 27 C.F.R. ��
251.171-251.175 (1995). |
26 U.S.C. �� 5701-5708 - Tax
on Tobacco |
Customs collects internal revenue
taxes on tobacco products and cigarette papers and tubes, imported or brought into the
United States. The taxes are to be collected, accounted for, and deposited as internal
revenue collections by the District Director of Customs. See 27 C.F.R. �� 275.62 (1995).
Customs also collects internal revenue taxes on tobacco products and cigarette papers and
tubes, imported or brought into the United States that must be paid by electronic fund
transfer (EFT). See, 27 C.F.R. �� 275.63 (1995). Customs inspects at the port of entry
Puerto Rican tobacco products and cigarette papers and tubes, brought into the United
States. See 27 C.F.R. �� 275.101-141(1995).
Customs assists in the enforcement of the provisions allowing for the removal from a
factory or an export warehouse of tobacco products, and cigarette papers and tubes, and
for the removal of cigars from a Customs warehouse, without payment of tax, for direct
exportation or for delivery for subsequent exportation. See 27 C.F.R. �� 290.61 (1995).
Customs also assists the Internal Revenue Service in establishing an allowance of drawback
of tax paid on tobacco and cigarette papers and tubes, when shipped from the United
States. See 27 C.F.R. �� 290.227 (1995). Customs assists by inspecting the contents
before lading onto the carrier and filling out various forms documenting the inspection.
(26 U.S.C. �� 5706). |
26 U.S.C. �� 5801-5802 -
Importation of Firearms |
Customs assists the Bureau of
Alcohol, Tobacco and Firearms in that Agency's overall regulation of the importation of
certain firearms into the United States. Customs officers are authorized to take
"appropriate action" to assure compliance with 27 C.F.R. Part 47 (1995), and
with 27 C.F.R. �� 178-179, as those sections concern the importation or attempted
importation of articles on the U.S. Munitions Import List. The assistance rendered by
Customs to the Bureau of Alcohol, Tobacco and Firearms generally involves the inspection
of required documentation prior to the release of certain imported firearms from Customs
custody. See 27 C.F.R. �� 47.56 (1995).
Additionally, any vessel, vehicle or aircraft used to transport, carry, convey or conceal
any firearm with respect to which there has been a violation of any provision of 26 U.S.C.
Chapter 53 (or any regulations issued pursuant to that Chapter) shall be subject to
seizure and forfeiture under the Customs laws. See 27 C.F.R. �� 179.182 (1995). |
26 U.S.C. �� 7327 -
Forfeitures |
The provisions of law applicable
to the remission or mitigation by the Secretary of forfeiture under the Customs laws shall
apply to forfeitures incurred or alleged to have been incurred under the internal revenue
laws. |
TITLE 27 -
INTOXICATING LIQUORS back to top
27 U.S.C. �� 122 -
Webb-Kenyon Act |
Customs enforces the prohibition
against the importation of alcoholic beverages contrary to state law. |
27 U.S.C. �� 201-219a -
Federal Alcohol Administration Act |
Customs enforces the prohibition
against importing into United States distilled spirits, wine or malt beverages without a
permit issued by the Secretary of the Treasury and enforces the provisions pertaining to
labeling, bottling and packaging of alcoholic beverages shipped in foreign commerce or
removal from Customs custody. 19 C.F.R. �� 12.37-12.38 (1995). |
TITLE 31 - MONEY AND FINANCE
back to top
31 U.S.C. �� 5301-5326 -
Currency and Foreign Transactions Reporting Act, as amended |
Customs requires reports of
exports and imports of monetary instruments in excess of $10,000. See also 31 C.F.R. Part
103 (1995). Customs also enforces regulations pertaining to annual reporting requirements
that U.S. holders of foreign bank accounts with an aggregate exceeding $10,000 report to
IRS. 31 C.F.R. Part 103 (1995). Money Laundering Suppression Act of 1994, amended ��
5311-5324, including the inclusion of instruments drawn on a foreign financial institution
(not in bearer form) into the definition of monetary instruments under �� 5312; the
registration of money transmitting businesses �� 5330; adding new �� 5324, in part to
reverse Ratzlaf v. United States by eliminating the term "willfully"
thereby clarifying that a violation of �� 5324 requires only that the defendant was
aware of the reporting requirement and took steps to avoid the report, but not knowledge
that the structuring was illegal. |
TITLE 31 - CODE OF
FEDERAL REGULATIONS
back to top
31 C.F.R. Part I, Subpart A,
Sec. 1.1-1.6 (1995) - Freedom of Information Act, 5 U.S.C. �� 552 |
Customs administers regulations
issued to implement the public information provisions of 5 U.S.C. �� 552. See also 19
C.F.R. Part 103 (1995) for rules promulgated specifically with respect to U.S. Customs. |
31 C.F.R. Part I, Subpart C,
Sec. 1.2-1.36 (1995) - Privacy Act of 1974, 5 U.S.C. �� 552a |
Customs administers regulations
issued to implement the provisions of the Privacy Act of 1974 (5 U.S.C. �� 552a). |
31 C.F.R. Part 401 (1995) -
Seizure and Forfeiture of Vessels, Vehicles and Aircraft used to Transport Counterfeit
Coins, Obligations, and Paraphernalia |
These regulations authorize and
designate the District Director of Customs to hold in custody vessels, vehicles and
aircraft used to violate 49 U.S.C. �� 781 and seized by the U.S. Secret Service officers
engaged in enforcement of counterfeit laws. |
31 C.F.R. Parts 500-580 (1995)
- Foreign Assets Control Regulations |
Customs enforces these
regulations that prohibit the unauthorized importation of and dealings in certain
merchandise from certain countries, including North Korea and Vietnam. |
31 C.F.R. Part 505 (1995) -
Transaction Control Act |
Customs enforces these
regulations that prohibit unauthorized transactions involving the shipment of certain
merchandise between foreign countries. [Strategic trade with communist countries not
licensed by a COCOM participating or cooperating country of export - concurrent
jurisdiction with Commerce Department] |
31 C.F.R. Part 515 (1995) -
Cuban Assets Control Regulations |
Customs enforces these
regulations which prohibit unauthorized transactions with Cuban and Cuban nationals,
including importations and dealings in certain merchandise. |
31 C.F.R. Part 520 (1995) -
Foreign Funds Control Regulations |
Customs enforces residual
blocking of assets of the governments of Estonia, Latvia, & Lithuania (residual
blocking of "scheduled securities"). |
31 C.F.R. Part 535 (1995) -
Iranian Assests Control Regulations & 31 C.F.R. Part 560 (1995) - Iranian Assets
Control Regulations |
Customs enforces these
regulations concerning the freeze of residual assets (Part 535) and prohibition of
unauthorized transactions with Iran, including importations of certain goods and services
(Part 560). |
31 C.F.R. Part 550 (1995) -
Libyan Sanctions Regulations |
Customs enforces these
regulations which prohibit unauthorized transactions with Libya, including importations
and exportations of certain merchandise. |
31 C.F.R. Part 575 (1995) -
Iraqi Sanctions Regulations |
Customs enforces these
regulations which prohibit unauthorized transactions with Iraq, including importations and
exportations of certain merchandise. |
31 C.F.R. Part 580 (1995) -
Haitian Transactions Regulations |
Customs enforces these
regulations which prohibit unauthorized transactions involving property of the Government
of Haiti. |
31 C.F.R. Part 585 (1995) -
Yugoslavia (Serbia and Montenegro) Asset Control Regulations |
Customs enforces regulations
which prohibit importation or exportation of Yugoslavian goods and services. |
TITLE 33 -
NAVIGATION AND NAVIGATABLE
WATERS
back to top
33 U.S.C. �� 381-387 -
Suppression of Piracy |
Customs enforces this provision
which prohibits the use of any vessel from being employed in the commission of any act of
piracy. Section 385 provides for the seizure and condemnation of vessels outfitted for
piracy. Section 387 authorizes the seizure of any vessel outfitted for piracy which is
found at any port of the ports within the United States. |
33 U.S.C. �� 401-426 -
Protection of Navigable Waters |
Customs enforces these provisions
which prohibit the obstruction and deposits of refuse in navigable waters. Section 413
provides for the enforcement of those provisions of sections 401, 403, 404, 406, 407, 408,
409, 411, and 412 of this Title. Section 419 provides for the enforcement of any violation
of the regulations governing the dumping of dredging or refuse into navigable waters. 19
C.F.R. �� 4.66b (1995). |
33 U.S.C. �� 1221-1236 -
Ports and Waterways Safety Act |
Customs assists the Coast Guard
in the enforcement of these provisions requiring vessels entering the navigable waters of
the U.S. to be constructed and operated in accordance with this Act. 19 C.F.R. �� 4.66b
(1995). |
33 U.S.C. �� 1321 - Oil and
Hazardous Substance Liability |
Customs enforces this provision
which prohibits the discharge of oil or hazardous substances into or upon the navigable
waters of the United States. Section 1321 provides that the clearance as required by
section 91 of Title 46 may be withheld of any vessel, the owner, or operator if they are
in violation of this section. See 33 C.F.R. �� 153.105 (1995) and 19 C.F.R. �� 4.66a
(1995). |
33 U.S.C �� 1322 - Marine
Sanctions |
Customs enforces this provision
which sets uniform standards for marine sanitation devices and provides for the
enforcement of those standards and regulations under this section. |
33 U.S.C. �� 1518 -
Deepwater Port Act of 1974 |
Customs enforces this law which
provides that all foreign articles used in the construction of deepwater ports shall be
subject to all applicable duties and taxes. |
33 U.S.C. �� 1901-1912 - Act
to Prevent Pollution From Ships |
Under this Act which prohibits
the discharge of oil and harmful substances into navigable waters, Customs may refuse or
revoke clearance required by section 91 of Title 19 of any vessel, and its owner,
operator, or person in charge may be subject to a penalty under this Act. 19 C.F.R. ��
4.66c (1995). |
33 U.S.C. �� 2236 - Harbor
Development and Navigation Improvement Act of 1986 |
Customs clearance may be withheld
for a vessel if the owner or operator subject to port dues fails to comply with these
laws. Penalties may be assessed and cargo may be forfeited. |
33 U.S.C. �� 2605 - Shore
Protection Act of 1988 |
Customs clearance may be withheld
for the failure to have permit to transport municipal or commercial waste. |
33 C.F.R. Part 105 (1995) -
North Atlantic Passenger Routes |
Customs enforces these
regulations which set forth the requirements for filing notice of ship routes. |
TITLE 35 - PATENTS
back to top
35 U.S.C. �� 154, 271 -
Process Patent Amendments Act of 1988 |
This Act gives owners of patented
processes the right to exclude others from using or selling throughout the United States,
or importing into the United States, products made by that process. Available remedies
include monetary damages and injunctive relief. The amendments specify that the patent
owner shall not be deprived of any other remedies available under 35 U.S.C. �� 271 (a)
through (f) or under �� 337 of the Tariff Act of 1930, 19 U.S.C. �� 1337, or any other
provision of law. If the International Trade Commission determines that 19 U.S.C. ��
1337 pertaining to unfair methods of competition and unfair trade practices has been
violated, Customs may be directed to exclude articles covered by that Agency's order. 19
C.F.R. �� 12.39 (1995). 19 C.F.R. �� 12.39a (1995) allows patent owners to request
Customs to conduct an import survey. |
TITLE 39 - POSTAL SERVICE
back to top
39 U.S.C. �� 604-606 -
Private Carriage of Letters |
Customs enforces those provisions
of the law which permit seizure and forfeiture of letters and bags, packets or parcels
containing letters which are being carried contrary to law on board any vessel. |
39 U.S.C. �� 3002(a) -
Nonmailability of Locksmithing Devices |
Customs aids in the enforcement
of this provision prohibiting the mailing of locksmithing devices except to certain
statutorily recognized parties. |
39 U.S.C. �� 3005 -
Conducting a Lottery through the Mails |
Customs aids in the enforcement
of this provision which prohibits the mailing of schemes or devices for obtaining property
or money and specifically conducting a lottery through the mails including prohibition of
interstate mailing of tickets. |
39 U.S.C. �� 3008, 3010 -
Pandering of Sexually Oriented Advertisements |
Customs aids in the enforcement
of these provisions which prohibit the mailing of pandering and sexually oriented
advertisements without strict compliance with the stated requirements for such mailing and
provide for the issuance of any order by the Postal Service to require the sender to
refrain from sending such materials; disobedience is punishable by contempt of Court. |
TITLE 40 -
PUBLIC BUILDINGS, PROPERTY AND
WORKS
back to top
40 U.S.C. �� 304(h), (j),
(k) - Liquor Law Repeal and Enforcement Act |
Customs enforces these provisions
regarding the disposition of property forfeited to the United States, the payment of liens
and other charges on such property, and the retention or delivery of abandoned or
forfeited property. |
40 U.S.C. �� 512 - Federal
Property and Administrative Services Act |
Customs enforces those sections
of the law which provide for the return of foreign excess or surplus property, when it is
determined that the return of such property is in the interest of the Untied States. The
transportation costs associated with the return of the property are borne by the
recipient. |
TITLE 42 - PUBLIC HEALTH
AND WELFARE back to top
42 U.S.C. �� 88-90, 91,
97-98, 112 - Sanitation and Quarantine |
Customs enforces the restrictions
concerning quarantines and other health related restraints involving vessels and port
areas. |
42 U.S.C. �� 262 - Licensing
of Biological Products |
Customs enforces import and
export restrictions on viruses, serums, toxins, antitoxins and analogous products which do
not comply with licensing requirements. See 19 C.F.R. �� 12.21-12.23 (1995); 45 C.F.R.
Part 204 (1995); 21 C.F.R. Parts 5,7,25,50,58,433 (1995). |
42 U.S.C. �� 263b-263n -
Radiation Control for Health and Safety Act of 1968 as amended |
Customs refuses entry to all
electronic products found not to be in compliance with standards prescribed under this
Act. See 19 C.F.R. �� 12.90-12.91 (1995); 21 C.F.R. Part 1005 (1995). |
42 U.S.C. �� 264-271 -
Quarantine, Inspection and Licensing |
Customs enforces this provision
which restricts importations of dogs, cats and monkeys, psittacine birds, turtles,
tortoises, and terrapins which do not comply with health standards. See 19 C.F.R. ��
12.26 (1995) and 42 C.F.R. �� 71.51-71.55 (1995). |
42 U.S.C. �� 2077, 2111,
2122, 2131, 2155 - Atomic Energy Act of 1954 as amended |
Customs enforces those provisions
which restrict importation and exportation of special nuclear material, atomic weapons and
byproduct material. See 10 C.F.R. Parts 30, 40, 50, 70, 110 (1995). |
42 U.S.C. �� 4901-4918 -
Noise Control Act of 1972 |
Customs enforces this Act which
requires importations which are the subject thereto to comply with standards and
regulations respecting noise. |
42 U.S.C. �� 5401-5426 -
National Manufactured Housing Construction And Safety Standards Act of 1974 as amended |
Customs prohibits admission into
the United States of any mobile home which does not comply with safety standards
prescribed by this Act. |
42 U.S.C. �� 5776a, &
14081 - The Violent Crime Control and Law Enforcement Act of 1994 |
Created new 42 U.S.C. �� 5776a
concerning Customs information and assistance to state and locals regarding missing and
exploited children through participation in a federal task force, and 42 U.S.C. �� 14081
concerning Customs participation in rural crime & drug enforcement task forces
investigating 21 U.S.C. �� 873(a)[concerning traffic in controlled substances] or
offenses punishable by a term of imprisonment of 10 years or more under title 18. |
42 U.S.C. �� 6201-6422 -
Energy Policy and Conservation Act |
Under Section 6301, Customs
regulates the importation of products covered by this Act including certain consumer
products designed to consume energy but excluding automobiles. |
42 U.S.C. �� 6938 - Resource
Conservation and Recovery Act of 1976 |
Customs assists the EPA in
enforcing this provision, implementing regulations and international agreements regulating
the international shipment of hazardous wastes. See 40 C.F.R. Part 262 (1995). |
42 U.S.C. �� 7521-7543 -
Clean Air Act as amended |
Customs enforces the restrictions
on importations of motor vehicle engines found not to be in compliance with federal motor
vehicle emission standards. See 19 C.F.R. �� 12.73 (1995); 40 C.F.R. Parts 80, 86
(1995). |
TITLE 43 - PUBLIC LANDS
back to top
43 U.S.C. �� 1331-1343,
1801-1866 - Outer Continental Shelf Lands Act as amended |
Customs enforces customs and
navigation laws on the subsoil and seabed of the outer Continental Shelf and defines fixed
structures erected thereon. See 19 U.S.C. �� 1433, 19 U.S.C. �� 1436, 19 C.F.R. ��
4.2 (1995) and 19 C.F.R. �� 4.30 (1995). |
TITLE 45 - RAILROADS
back to top
45 U.S.C. �� 545 - Amtrak
Improvement Act of 1973 as amended |
Customs cooperates with the
National Railroad Passenger Corporation in the enforcement of Customs laws by making en
route inspections aboard trains operated in international intercity rail passenger
service. |
TITLE 46 - SHIPPING
back
to top
46 U.S.C. �� 2104 -
Delegation of Authority |
Customs officers may be
designated to act in place of a Coast Guard official for enforcement of the provisions. |
46 U.S.C. �� 2110-2112 -
Payment of Fees |
This provision specifies which
fees may be charged for services rendered by Customs. 19 C.F.R. Part 24 (1995). |
46 U.S.C. �� 3301-3318 -
Inspection |
Customs shall refuse clearance to
vessels if a proper certificate of inspection is not in force or if the vessel is not in
compliance with such certificate. 19 C.F.R. �� 4.66 (1995). |
46 U.S.C. �� 3502 -
Passenger List |
Passenger lists are required to
be kept and open to inspection by Customs. 19 C.F.R. �� 4.7, 4.50 (1995). |
46 U.S.C. �� 3718 -
Penalties for Violation of Carriage of Dangerous Cargo Rules |
Customs may withhold or revoke of
clearance for vessels in violation of this section. 46 C.F.R. �� 146.02-6 (1995). |
46 U.S.C. �� 4301-4311 -
Import of Recreational Vessels |
Customs enforces the restrictions
regarding the importation of recreational vessels and equipment not in conformity with
prescribed safety standards. 19 C.F.R. �� 12.85 (1995). |
46 U.S.C. �� 5101-5116 -
Load Lines |
Pursuant to 5114 Customs enforces
the load line requirements including the detention of vessels and assessment of penalties.
19 C.F.R. �� 4.61, 4.65a (1995). |
46 U.S.C. �� 7302-7319,
8103, 8701-8704 - Merchant Mariner Documents and Manning of Vessels |
Customs refuses to grant
clearance to any vessel bound for a foreign port unless requirements pertaining to
citizenship, employment, and qualifications of seamen are satisfied. 19 C.F.R. �� 4.69
(1995). |
46 U.S.C. �� 8304 - Officers
Competency Certificates Convention of 1936 |
Customs is designated to enforce
officer certification requirements, and may detain vessels in violation. 46 C.F.R. ��
12.10-1 (1995). |
46 U.S.C. �� 9301-9308 -
Regulation of Great Lakes Pilots |
Customs, based on its enforcement
authority under the certification requirements, enforces the requirements for vessels in
designated waters of the Great Lakes to have in their service a registered and eligible
pilot. |
46 U.S.C. �� 10314, 10315,
10505 - Advances |
Customs refuses to grant
clearance to a U.S. vessel bound for a foreign port unless the shipping articles
agreements have been presented. 19 C.F.R. �� 4.69 (1995). |
46 U.S.C. �� 10702 - Duties
of Masters |
Customs grants clearance to a
foreign-bound vessels only when a written certificate of compliance pertaining to a
deceased seamans property and wages is received by Customs. |
46 U.S.C. �� 10902 -
Complaints of Unseaworthiness |
Customs is designated to take
complaints of unseaworthiness by crew and enforce this section. |
46 U.S.C. �� 11102, 11103 -
Protection and Relief |
Customs verifies that
requirements pertaining to medicine and slop chests have been complied with before
clearance may be granted to a vessel bound to a foreign port. |
46 U.S.C. �� 12109 -
Recreational Vessel Licenses |
Licensed recreational vessels are
exempt from general Customs entry or clearance requirements except for requirements of 19
U.S.C. 1433. All persons on board such vessels, however, remain subject to all applicable
Customs regulations. 19 C.F.R. �� 4.94 (1995). |
46 U.S.C. �� 31327 -
Forfeiture and Vessels with Preferred Mortgages |
Interests by preferred mortgagee
in documented vessel may not be terminated through forfeiture unless the mortgagee
authorized, consented or conspired to do the violation. See also 19 U.S.C. �� 1609. |
46 U.S.C. App. �� 3 -
Admeasurement of Vessels |
Customs is charged with specific
supervision of laws relating to the admeasurement of vessels (official numbers and
assigned letters) and with the collection of assessed taxes and duties. 19 C.F.R. ��
4.20-4.24 (1995). |
46 U.S.C. App. �� 14 -
Wrecked Vessel Salvage |
Customs may register salvaged
vessels wrecked on U.S. coasts or adjacent waters when purchased by U.S. citizens if
repairs are 3 times the salved value. False statements by the owner subjects the vessel to
forfeiture under this section. |
46 U.S.C. App. �� 91-91a -
Clearance of Vessels |
Customs grants clearance to
vessels bound to foreign ports and enforces penalties for failure to comply with the
regulations prescribed by law including the required submission of outbound manifests. 19
C.F.R. Part 4.0 (1995). |
46 U.S.C. App. �� 97 - State
Inspection Laws |
Customs officers shall pay due
regard to state inspection laws and no cargo may be cleared until the master produces the
certificates required by the state. 19 C.F.R. �� 4.61 (1995). |
46 U.S.C. App. �� 104 -
Pleasure Vessel and Yacht Tonnage Tax Exemption |
Exemption from charges, tonnage
taxes, and other requirements are granted to foreign yachts and pleasure vessels if
reciprocal privileges are accorded U.S. vessels, but Customs may require a license for the
privilege. 19 C.F.R. �� 4.20-4.24, 4.94 (1995). |
46 U.S.C. App. �� 111 -
Entry of Specified Types of Vessels |
Customs determines specific types
of vessels exempt from fees and entry or clearance requirements, although vessels
generally remain required to report arrival. 19 C.F.R. Part 4 (1995). |
46 U.S.C. App. �� 121-135 -
Tonnage Duties Acts |
Customs assesses and collects
"light money" and tonnage duties with amounts depending on the registry of the
vessel subject to certain exemptions prescribed by law. 19 C.F.R. �� 4.20-4.24 (1995). |
46 U.S.C. App. �� 141-146 -
Discriminating Duties and Reciprocal Privileges |
Customs collects discriminating
tonnage duties from vessels of foreign countries found to be collecting such duties from
U.S. vessels. Customs also grants certain reciprocal privileges. 19 C.F.R. �� 4.22
(1995). |
46 U.S.C. App. �� 163 -
Regulations for Boarding Vessels |
Customs enforces regulations
governing the boarding before inspection of vessels arriving in the U.S. 19 C.F.R. ��
4.1, 4.7a (1995). |
46 U.S.C. App. �� 251-251b -
Vessels in Domestic Commerce |
Customs enforces the proscription
against the landing in the U.S. of fish caught on high seas by foreign flag vessels. 19
C.F.R. �� 4.80, 4.81, 4.96 (1995). |
46 U.S.C. App. �� 262 -
Documented Vessels Not to Defraud Revenue |
Customs assists in the
enforcement of this section providing that documented vessels may not be employed in trade
whereby the revenue laws of the U.S. are defrauded. |
46 U.S.C. App. �� 277 -
Inspection of Documents |
Customs penalizes vessels
proceeding to foreign ports without proper documentation. |
46 U.S.C. App. �� 289-289c,
291 - Transportation of Passengers, Merchandise in Foreign Vessels |
Customs enforces these laws
providing that foreign vessels may not transport passengers between U.S. ports, unless
they meet one of subsequent statutory exceptions or exemptions. Section 291 covers
transshipment of merchandise. 19 C.F.R. �� 4.80-4.93 (1995). |
46 U.S.C. App. �� 292 -
Dredging by Foreign Built Dredges |
Customs assists in the
enforcement of the prohibition against dredging by foreign vessels in U.S. waters. |
46 U.S.C. App. �� 316, 725 -
Use of Foreign Vessels in U.S. Ports |
Customs enforces limits on
foreign vessels in U.S. ports or other locations from engaging in specified operations
such as towing or salvaging. 19 C.F.R. �� 4.92, 4.97 (1995). |
46 U.S.C. App. �� 319 -
Penalties for Trading without Required Certificate of Documentation |
Vessels employed in a trade and
not documented may be liable to penalties and under certain circumstances this provision
allows for limited seizure and forfeiture of merchandise. This provision also provides
that foreign labels, etc., on merchandise are prima facie evidence of foreign origin. 19
C.F.R. �� 4.64 (1995). |
46 U.S.C. App. �� 320 -
Remission or Mitigation of Fines |
Customs may remit specified fines
assessed under this title. |
46 U.S.C. App. �� 321-325 -
Penalties |
Customs enforces penalties for
specific violations (e.g., malfeasance, obstructing officers or forgery). Most
significant is Section 325 for licensed vessels engaging in unauthorized trade in
violation of license. |
46 U.S.C. App. �� 327 -
Notice of Seizure |
Customs is required to give an
owner notice of seizure. |
46 U.S.C. App. �� 328 -
Recovery of Penalties and Forfeitures |
Customs may pursue forfeitures
and collection of penalties under the customs laws unless otherwise prescribed. |
46 U.S.C. App. �� 336 -
Canal Boat Fee Exemption |
Canal boats and boats on internal
U.S. waters are exempt from customs fees. |
46 U.S.C. App. �� 802, 808 -
Shipping Act, 1916 |
Customs enforces the provisions,
including the assessment of penalties, pertaining to the unlawful transportation of
vessels in coastwise trade. 19 C.F.R. �� 4.80 (1995). |
46 U.S.C. App. �� 817d, 817e
- Financial Responsibility of Vessel Owner |
Customs may refuse clearance of
passenger vessels failing to establish financial responsibility for death or injury to
persons aboard, or nonperformance of transportation. 19 C.F.R. �� 4.68 (1995). |
46 U.S.C. App. �� 820 -
Reports by Carriers on Rates and Tariffs |
Customs enforces certain
provisions of the Intercoastal Shipping Act requiring the filing of specified reports,
including the assessment of penalties. 46 C.F.R. Part 222 (1995). |
46 U.S.C. App. �� 834 -
Vessels Refusing to Accept Freight |
Customs may refuse clearance to
any vessel which refuses to accept freight in good condition unless the vessel is fully
laden. |
46 U.S.C. App. �� 877 -
Extension of Coastwise Laws to Certain Island Territories |
Customs enforces coastwise laws
extended to U.S. island territories and possessions. |
46 U.S.C. App. �� 883 -
Coastwise Transportation of Merchandise in Foreign Vessels |
The general prohibition against
foreign vessels carrying merchandise in the coastwise trade is administered by Customs. |
46 U.S.C. App. �� 883a-883b
- Report of Foreign Rebuilding of U.S.Vessel |
U.S. vessels are required to
report to Customs any repairs or rebuilding of vessel in foreign ports. Failure to report
subjects vessel to forfeiture. 19 C.F.R. �� 4.7, 4.14 (1995). |
46 U.S.C. App. �� 1710a -
Foreign Laws and Practices |
Customs may refuse clearance of
vessels identified under this section as involved in practices found to adversely affect
operations of U.S. carriers in U.S. trade. |
46 U.S.C. App. �� 1901-1904
- Maritime Drug Law Enforcement Act |
Customs assists in the
enforcement of the specific prohibition against trafficking in controlled substances
aboard vessels subject to U.S. jurisdiction. |
46 U.S.C. App. �� 5101-5116;
14513, 14701, - Load Line Acts |
Customs may detain vessels loaded
in violation of load line regulations. 19 C.F.R. �� 4.20, 4.65a (1995). |
TITLE 47
- TELEGRAPHS, TELEPHONES, AND
RADIOTELEGRAPHS
back to top
47 U.S.C. �� 302a - Devices
Which Interfere with Radio Reception |
Customs enforces this provision
which prohibits the importation of devices or home electronic equipment which fail to
comply with regulations promulgated by the FCC. 47 C.F.R. �� 2.1201-2.1207, 18.119
(1995). |
47 U.S.C. �� 303(s), 330 -
Prohibition on Shipments of Certain Television Receivers |
Customs enforces this provision
which prohibits the importation of television receivers incapable of receiving all
frequencies allocated to television broadcasting. 47 C.F.R. �� 15.61-15.72 (1995). |
47 U.S.C. �� 312a -
Communications |
FCC, upon the request of any
appropriate Federal Law enforcement agency, including Customs, may assist in the
enforcement of the controlled substance laws where communications equipment is willfully
being used for purposes of distributing any controlled substance. |
47 U.S.C. �� 510 -
Forfeiture of Communication Devices |
Customs enforces this provision
which provides for seizure and forfeiture of communications devices when a person wilfully
or knowingly violates 47 U.S.C. �� 301 or 302a, or rules prescribed by the FCC. |
47 U.S.C. �� 605 -
Unauthorized Publication or Use of Communications |
Customs enforces this provision
which prohibits the importation or exportation of any device or equipment used primarily
for the unauthorized decryption of satellite cable programming, or is intended for any
other activity prohibited by 47 U.S.C. �� 605(a). |
TITLE 48 -
TERRITORIES AND INSULAR
POSSESSIONS
back to top
48 U.S.C. �� 738 - Puerto
Rico |
Customs administers this
provision which prohibits the imposition of any duties on goods from the United States
imported into Puerto Rico and on goods from Puerto Rico imported into United States. |
48 U.S.C. �� 739 - Puerto
Rico |
Customs administers this
provision which requires that customs duties collected upon articles imported into the
Puerto Rico be equivalent to duties imposed on goods imported into the United States. All
books and pamphlets printed in English language imported from the United States into
Puerto Rico are exempt from duty. |
48 U.S.C. �� 740 - Puerto
Rico |
This provision gives the
Secretary of Treasury the authority to designate ports of entry and the authority to
collect customs duties on goods entering Puerto Rico, and requires that duties and taxes
collected in Puerto Rico and duties and taxes collected in the United States on goods
imported from Puerto Rico be paid to the treasury of Puerto Rico. |
48 U.S.C. �� 741 - Puerto
Rico |
Customs administers this
provision which prohibits the imposition of export duties on goods exported from Puerto
Rico. |
48 U.S.C. �� 744 - Puerto
Rico |
The U.S. coasting trade laws
administered by Customs apply to trade between Puerto Rico and the United States. |
48 U.S.C �� 1394 - Virgin
Islands |
Customs administers this
provision which provides that goods that are the product of the Virgin Islands which do
not contain foreign materials valued at more than 20% of the total value are free of duty.
Goods which do not fulfill this criteria are subject to the same customs duties as levied
on goods imported into the United States as goods imported from foreign countries. |
48 U.S.C. �� 1395 - Virgin
Islands |
This provision establishes that
products of the United States are exempt from duty when imported into the Virgin Islands
and provides for an export tax on sugar to be exported from the Virgin Islands in the
amount of $6 per ton of two thousand pounds. The Colonial Councils of Saint Croix and
Saint Thomas and Saint John are authorized to levy internal revenue taxes on articles
manufactured, sold, used or brought into the islands, however, the taxes may not
discriminate between articles imported from the United States and foreign countries and
articles produced or manufactured in the islands. The Customs Service is directed to
assist officials of the Virgin Islands in the collection of these taxes which are
deposited in the treasury of the Virgin Islands. |
48 U.S.C �� 1406i - Virgin
Islands |
This section provides the
Secretary of Treasury with the authority to designate ports of entry in the Virgin
Islands. The Secretary of Treasury is directed to administrate the customs laws in the
Virgin Islands. Additionally, this section provides that all laws regarding import duties
currently in effect in the municipality of Saint Thomas and Saint John shall be in effect
for the Virgin Islands until Congress provides otherwise. |
48 U.S.C. �� 1415 - Guano
Islands |
Customs enforces this provision
which prohibits the exportation of guano from any island, rock, or key except for the use
of citizens or residents of the United States. |
48 U.S.C. �� 1416 - Guano
Islands |
Customs enforces this provision
which provides that coasting trade laws applies to guano introduced from islands, rocks,
or keys. |
48 U.S.C. �� 1421e - Guam |
Customs enforces this provision
which provides that articles coming into the U.S. from Guam shall be subject to or exempt
from duty pursuant to the Tariff Act of 1930. |
48 U.S.C. �� 1421h - Guam |
Customs administers this
provision which requires duties, taxes and fees derived from Guam to be covered into the
treasury of Guam. |
48 U.S.C �� 1494b - United
States Insular Areas Drug Abuse Act of 1986 |
This provision directs Customs to
station an aerostat in Puerto Rico, provide a vessel to American Samoa, and to the extent
not prohibited under Palau��s Constitution, investigate U.S. criminal laws in
cooperation with Palau authorities. |
48 U.S.C. �� 1574(f), 1642a
- Virgin Islands |
This provision authorizes the
Legislature of the Virgin Islands to set customs duties on imported goods at a rate not
greater than 6% ad valorem. However, the Legislature of the Virgin Islands is not
empowered to repeal or amend laws administered by Customs pertaining to the customs
valuation or classification of articles imported into the Virgin Islands. Duties, taxes
and fees collected in the Virgin Islands shall be remitted to the treasury of the Virgin
Islands. See also Danish Law No. 64 concerning tariffs and duties in the Virgin Islands
which Customs enforces. |
48 U.S.C. �� 1643 - Virgin
Islands |
This provision exempts goods
imported into the Virgin Islands from the application of 19 U.S.C. �� 1526 and 15 U.S.C.
�� 1124, protection for registered American trademarks, but does not exempt goods
exported from the Virgin Islands to the United States or its possessions from these
statutory requirements. |
48 U.S.C. �� 1644 - Virgin
Islands |
All articles coming into the U.S.
from the Virgin Islands shall be subject to or exempt from duty pursuant to the Tariff Act
of 1930. |
48 U.S.C. �� 1645 - Virgin
Islands |
This provision authorizes the
Secretary of Treasury, prior to the beginning of fiscal year, to remit estimated customs
duties to the treasury of the Virgin Islands. |
48 U.S.C. �� 1664 -
Coastwise Shipping |
This section provides that the
coasting trade laws are not applicable to American Samoa. |
48 U.S.C. �� 1669 - American
Samoa |
This section authorizes the
Secretary of Treasury, upon the request of the Governor of American Samoa, to administer
and enforce the collection of all customs duties without cost to the government of
American Samoa. |
48 U.S.C. �� 1681 - Approval
of Compact of Free Association Between United States and Government of Palau (Article IV) |
This section provides that Palau
is excluded from the customs territory of the United States, and the requirements of the
Generalized System of Preferences (GSP) applies to goods imported from Palau into the
United States except: watches and clocks, buttons, certain textiles and wearing apparel,
footwear, handbags, luggage, flat goods, work gloves and leather wearing apparel. Special
requirements are established for canned tuna. Articles not exempt from duty are subject to
column 1 treatment. |
48 U.S.C - �� 1681 - Compact
of Free Association: Federated States of Micronesia, Republic of Marshall Islands (Article
IV) |
This section provides that the
Marshal Islands and the Federated States of Micronesia are excluded from the customs
territory of the United States, and products of the Marshall Islands and the Federated
States of Micronesia are subject to the requirements and benefits of Headnote 3(a). Goods
not falling under the requirements of Headnote 3(a) are accorded equal duty treatment as
like foreign goods imported into the United States. |
48 U.S.C. �� 1681 - Covenant
to Establish Commonwealth of Northern Mariana Islands in Political Union with United
States of America (Articles V and VI) |
This section provides that the
coastwise laws of the United States are generally inapplicable to the Northern Marianas,
and that the Northern Mariana Islands are excluded from the customs territory of the
United States. Imports from the Northern Mariana Islands are subject to the same treatment
as goods imported from Guam into the United States. Consistent with the international
obligations of the United States, the Government of the Northern Mariana Islands may
impose duties on goods imported into the Northern Mariana Islands from anywhere outside
the customs territory of the United States and may impose export duties on goods exported
from the Northern Mariana Islands. |
TITLE 49 - TRANSPORTATION
back to top
49 U.S.C. �� 2(b)(1) -
Federal Aviation Act of 1958 |
This provision authorizes the
Secretary of Treasury to designate places in the U.S. as ports of entry for aircraft and
merchandise arriving in the U.S. from foreign. Also this section authorizes the Secretary
of Treasury to provide, by regulation, for application of laws and regulations relating to
entry and clearance and administration of the customs laws to civil aircraft. 19 C.F.R.
Part 122 (1995) (air commerce). |
49 U.S.C. �� 2(b)(2) - (f) -
Federal Aviation Act of 1958 |
Violators of any clearance or
entry regulations, or any customs laws or regulations made applicable to aircraft to a
civil penalty, and any aircraft used in connection with such violation shall be subject to
seizure and forfeiture as provided for in such customs laws. 19 C.F.R. Part 122 (1995)
(air commerce); 49 U.S.C. �� 1509(c); 19 C.F.R. Part 171 (1995) (fines, penalties and
forfeiture). |
Interstate Commerce Commission
Rates and Tariffs 49 U.S.C. �� 10721 |
For purposes of ICC rates and
tariffs, a common carrier providing transportation may transport customs inspectors
without charge. |
49 U.S.C. �� 41101-41112 -
Air Carrier Certificates |
Customs clears scheduled aircraft
entering the United States according to the schedules and regulations provided for under
this Act. |
49 U.S.C. �� 41101
Suspension, modification, or revocation of certificate of public convenience and necessity
or foreign air carrier permit; illegal importation of controlled substances |
The Secretary of Transportation
in consultation with appropriate law enforcement agencies including Customs is empowered
to reexamine the fitness of any carrier which has violated U.S. laws pertaining to illegal
importation of controlled substances into the U.S. aboard its aircraft. |
49 U.S.C. �� 41703 - Federal
Aviation Act of 1958 |
Customs assists in reporting
violations of section 1508(b) which prohibit foreign civil aircraft from transporting
persons, property, or mail for compensation or hire between ports of the United States. 49
U.S.C. �� 1372, 1386(b)(7) (permits to foreign air carriers) 14 C.F.R. Part 121 (1995)
(air carriers and operators for hire). |
49 U.S.C. �� 44904 -
Domestic Air Transpoartation System Security |
Customs aids F.B.I. and FAA in
the assessment of potential threats to the domestic air transportation system, including
the extent to which individuals have the capability and intent to carry out terrorist or
related unlawful acts against that system, and their potential methods of carrying out
such acts. |
49 U.S.C. �� 46306 - Federal
Aviation Act of 1958 |
This section authorizes Customs
to seize and forfeit aircraft used in connection with or to aid or facilitate criminal
violations relating to forgery of certificates, false marking of aircraft, and other
aircraft registration violations. This provision establishes certain presumptions for the
purposes of seizure and forfeiture. No drug nexus is required to seize and forfeit the
aircraft. Also, no criminal charge or conviction is required in order to seize and forfeit
the aircraft. The aircraft is seized and forfeited in accordance with the customs laws. 19
C.F.R. Part 171 (1995) (fines, penalties, & forfeitures). |
49 U.S.C. �� 46312 -
Hazardous Materials Transportation Act |
Customs aids in the enforcement
of the Hazardous Materials Transportation Act to ensure safe transportation of hazardous
materials by air. |
49 U.S.C. �� 46315 - Federal
Aviation Act of 1958 |
Customs assists in the
enforcement of this provision which makes it unlawful to knowingly and willfully operate
an aircraft in violation of FAA rules governing display of lights in connection with the
transportation of a controlled substance. |
49 U.S.C. �� 5101-5127 -
Hazardous Materials Transportation Act |
Customs aids in enforcement of
regulations promulgated by the Secretary of Transportation pertaining to safety standards
for the transportation of hazardous materials. 49 U.S.C. �� 1472(h)(1); 49 C.F.R. Parts
171-176 (1995) (hazardous materials regulations). |
49 U.S.C. �� 60101 - 60125
Hazardous Liquid Pipeline Safety |
Customs aids in the enforcement
of the provisions governing the transportation of hazardous liquids in foreign commerce. |
49 U.S.C. �� 70117(f) -
Commercial Space Launch |
For purposes of enforcing laws
controlling exports, a launch or payload shall not be considered an export. |
49 U.S.C. �� 80102-80116 -
Pomerene Bills of Lading Act |
Customs enforces laws governing
bills of lading. See especially, 49 U.S.C. �� 121 which sets forth misdemeanor offenses
relating to making a counterfeit or fraudulent bill of lading. |
49 U.S.C. �� 80302-80306 -
Contraband Seizure Act |
Pursuant to this Act which makes
it unlawful to transport, conceal, or facilitate the transportation of "contraband
articles," as defined in the statute (certain narcotic drugs, certain firearms,
counterfeit coins), Customs assists in seizures made by the Secret Service of any
aircraft, vehicle or vessel being used in violation of this Act. The customs laws relating
to seizure, forfeiture, remission, mitigation, etc. shall apply to seizures and
forfeitures occurring under this Act. The Secretary of the Treasury is empowered to
authorize persons to carry out provisions of this Act. See also 18 U.S.C. �� 8
(obligation or other security of the U.S.); 18 U.S.C. �� 471-513 (counterfeiting and
forgery); 18 U.S.C. �� 2341 (contraband cigarettes); 21 U.S.C. �� 802 (narcotic drug);
26 U.S.C. �� 5801-5802 (National Firearms Act); 19 C.F.R. �� 12.48 (1995) (counterfeit
coins; importation prohibited); 27 C.F.R. Parts 70, 72 (1995) (ATF Procedures and
Disposition of Personal Property) 31 C.F.R. Part 401-406 (1995) (seizure authority of
Secret Service agents). |
49 U.S.C. �� 80503 - Maximum
Charges for Certain Overtime Services |
Customs grants entry to the
United States to civil aircraft that have complied with the appropriate laws. Section 1741
provides that notwithstanding 19 U.S.C. �� 1451, the maximum user fee charge for certain
overtime services is $25. 19 C.F.R. Part 122 (1995) (entry and clearance). |
TITLE 50 - WAR AND NATIONAL
DEFENSE back to top
50 U.S.C. �� 98h-4 -
National Defense Stockpile Amendments of 1987 |
The importation of materials
determined to be strategic and critical under the Act may not be prohibited or regulated,
if the material is the product of a foreign country not listed as a Communist-dominated
country or area in general note 3(b) of the Harmonized Tariff Schedules. |
50 U.S.C. �� 198 - Vessels
in Territorial Waters |
Requisitioned vessels may be
documented by Customs to engage in coastwise trade. 19 C.F.R. �� 4.80-4.93 (1995). |
50 U.S.C. �� 219-226 -
Insurrection |
These provisions provide for the
removal of a custom-house to a secure place during times of insurrection, forfeiture of
vessels seeking to enter a closed port and refusing clearance to vessels with suspected
cargoes. |
50 U.S.C. �� 401 - National
Security |
Pursuant to this provision, the
President issued an order setting forth duties, responsibilities and direction with
respect to national intelligence efforts by the intelligence community of which Treasury
is a member. E.O. No. 12333 (12/4/81) and T.D. 113-01 (10/4/88). See also E.O. No. 12356
(4/2/82) establishing policies and procedures for classification and safeguarding of
national security information. |
50 U.S.C. �� 1701-1706 -
International Emergency Economic Powers Act |
When the President declares a
national emergency with respect to a threat to the national security, foreign policy, or
economy of the United States, Customs enforces any import or export provisions and
economic sanctions imposed. 31 C.F.R. Parts 500-585 (1995). |
50 U.S.C. �� 1-5(b) -
Trading with the Enemy Act |
Customs aids in the enforcement
of this Act which prohibits the unauthorized importation into the United States of certain
articles by any enemy as defined by the Act. 12 U.S.C. �� 95a; 31 C.F.R. Parts 500, 505,
515 and 520 (1995). |
50 U.S.C. �� 2061-2170 -
Defense Production Act of 1950 |
Customs ensures that shippers��
declarations and manifests conform to the Act��s requirements associated with the
transportation and/or export of certain commodities. 44 C.F.R. �� 401 (1995), 19 C.F.R.
�� 4.74 (1995), and 15 C.F.R. Part 700 (1995). |
50 U.S.C. �� 2251 - Civil
Defense |
Pursuant to this provision, in
national emergencies the Treasury Department has lead and support responsibilities
pertaining to the development of policies, plans and procedures for the performance of
emergency functions with respect to among other things, enforcement activities relating to
the control of persons and movement of property entering and departing the United States. |
50 U.S.C. �� 2401-2420 -
Export Administration Act of 1969 |
Customs enforces the export
controls and declaration regulations established under the Act. 15 C.F.R. Part 768 (1995) |
INTERNATIONAL COOPERATION
back to top
44 Stat. 2097; T.S. 718
U.S.-Canada Convention to Suppress Smuggling |
Customs returns stolen
automobiles, vessels, and aircraft to Canada. T.D. 41110 |
T.I.A.S. No.10653
Convention with Mexico for Recovery and Return of Stolen or embezzled Vehicles and
Aircraft |
Customs enforces this convention
between the U.S. and Mexico for the recovery and return of stolen or embezzled motor
vehicles, trailers, airplanes, or component parts of any of them. T.D. 49851 |
61 Stat. 1180; T.I.A.S. No.
1591 Convention on International Civil Aviation |
Customs aids in enforcing this
convention which establishes uniformity of international air transport services. |
8 U.S.T. 1636; T.I.A.S. No.
3920 - Commercial Sample and Advertising Material Convention |
Customs enforces this convention
to facilitate importation of commercial samples and advertising material. 19 C.F.R. ��
114.22(a)(2) (1995). |
18 U.S.T. 410; T.I.A.S. No.
6251
IMCO Facilitation Convention |
Customs enforces this convention
to facilitate maritime traffic by simplifying and reducing to a minimum the formalities,
documentary requirements and procedures on the arrival, stay and departure of ships
engaged in international voyages. |
T.I.A.S. No. 11095
International Coffee Agreement, 1983 |
Customs enforces this agreement
by assuring that a valid certificate of origin or re-export accompanies each importation.
19 U.S.C. �� 1356k. |
20 U.S.T. 33; T.I.A.S. No.
6630 - Professional Equipment Convention |
Customs enforces this convention
to facilitate the international exchange of specialized skills and techniques. T.D. 69-68 |
20 U.S.T. 58; T.I.A.S. No.
6631
A.T.A. Convention |
Customs enforces this convention
to facilitate the procedures for the temporary duty-free importation of goods. |
Executive M, 95th Cong., 1st
Sess. 1977 - TIR Convention, 1975 |
Customs enforces this convention
to facilitate the international transportation of goods by road vehicle. |
Executive X, 93rd Cong., 1st
Sess. 1973 - Customs Convention on Containers, 1972 |
Customs enforces this convention
to facilitate the use of containers in international traffic. T.D. 69-68 |
22 U.S.T. 320; T.I.A.S. No.
7063 - Convention Establishing a Customs Cooperation Council |
Customs is obligated to carry out
any recommendation of the Council acceded to by the United States. |
22 U.S.T. 494; T.I.A.S. No.
7088
Treaty with Mexico concerning Stolen Cultural Properties |
Customs enforces this treaty of
cooperation with Mexico providing for the recovery and return of stolen archaeological,
historical and cultural properties. |
25 U.S.T. 288; T.I.A.S. No.
7801 - Agreement between the United States of America and the Government of Bermuda on
Preclearance |
Customs officers stationed in
Bermuda preclear passengers and baggage on flights destined for the United States. |
House Document 99-61, 99th
Cong., 1st Sess. 1985 - U.S. - Israel Free Trade Area Agreement |
Customs enforces those provisions
implementing this agreement establishing duty preferences. See 19 U.S.C. �� 2112 note. |
House Document 100-216, 100th
Cong., 2cd Sess. 1988 - U.S. - Canada Free Trade Agreement |
Customs enforces those provisions
implementing this agreement establishing duty preferences. |
T.I.A.S.
Convention on the Harmonized Commodity Description and Coding System |
Customs administers those laws
implementing this convention establishing international nomenclature. |
25 U.S.T. 646; T.I.A.S. No.
7816 - Agreement between the United States of America and the Government of the
Commonwealth of the Bahamas on Preclearance. |
Customs officers stationed in the
Bahamas preclear passengers and baggage on flights destined for the United States. |
18 U.S.T. 1857; T.I.A.S. No.
6331 - International Convention on Load Lines |
Customs assists the Coast Guard
in the enforcement of this convention which establishes uniform principles and rules
regarding the limits to which ships on international voyages may be loaded. |
25 U.S.T. 763; T.I.A.S. No.
7825 - Agreement between the United States of America and the Government of Canada on Air
Transport Preclearance |
Customs officers stationed in
Canada preclear passengers and baggage on flights destined for the United States. |
26 U.S.T. 1092; T.I.A.S. No.
8098
Mutual Assistance Agreement with the Federal Republic of Germany |
Customs is obligated to cooperate
and provide assistance in the enforcement of German customs laws. |
50 Stat. 1468
Mutual Assistance Agreement with France |
Customs is obligated to aid in
the enforcement of French customs laws by exchanging information relating to smuggling and
fraud. |
28 U.S.T. 5426; T.I.A.S. No.
8642 Mutual Assistance Agreement with Mexico |
Customs is obligated to cooperate
and provide assistance in the enforcement of Mexican Customs laws. |
29 U.S.T. 1011; T.I.A.S. No.
8863 Mutual Assistance Agreement with Austria |
Customs is obligated to cooperate
and provide assistance in the enforcement of Austrian laws. |
T.I.A.S. No. 11253 Mutual
Assistance Agreement with Argentina |
Customs is obligated to cooperate
and provide assistance in the enforcement of Argentinean laws. |
T.I.A.S. Mutual Assistance
Agreement with Canada |
Customs is obligated to cooperate
and provide assistance in the enforcement of Canadian laws. |
T.I.A.S. Mutual Assistance
Agreement with Cyprus |
Customs is obligated to cooperate
and provide assistance in the enforcement of Cypriot laws. |
T.I.A.S. Mutual Assistance
Agreement with Czech Republic |
Customs is obligated to cooperate
and provide assistance in the enforcement of Czech Republic laws. |
T.I.A.S. Mutual Assistance
Agreement with Finland |
Customs is obligated to cooperate
and provide assistance in the enforcement of Finish laws. |
T.I.A.S. Mutual Assistance
Agreement with Greece |
Customs is obligated to cooperate
and provide assistance in the enforcement of Grecian laws. |
T.I.A.S. Mutual Assistance
Agreement with the Korea |
Customs is obligated to cooperate
and provide assistance in the enforcement of the Korean laws. |
T.I.A.S. No. 11253 Mutual
Assistance Agreement with Norway |
Customs is obligated to cooperate
and provide assistance in the enforcement of Norwegian laws. |
T.I.A.S. Mutual Assistance
Agreement with Poland |
Customs is obligated to cooperate
and provide assistance in the enforcement of Polish laws. |
T.I.A.S. Mutual Assistance
Agreement with Slovakia |
Customs is obligated to cooperate
and provide assistance in the enforcement of Slovakian laws. |
T.I.A.S. Mutual Assistance
Agreement with Sweden |
Customs is obligated to cooperate
and provide assistance in the enforcement of Swedish laws. |
T.I.A.S. Mutual Assistance
Agreement with the United Kingdom |
Customs is obligated to cooperate
and provide assistance in the enforcement of the United Kingdom laws. |
|
|