TITLE 19 CHAPTER 4 SUBTITLE III Part II § 1434Prev | Next


§ 1434. Entry; vessels

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(a) Formal entry
Within 24 hours (or such other period of time as may be provided under
subsection (c)(2) of this section) after the arrival at any port or place in
the United States of-
(1) any vessel from a foreign port or place;
(2) any foreign vessel from a domestic port;
(3) any vessel of the United States having on board foreign merchandise for
which entry has not been made; or
(4) any vessel which has visited a hovering vessel or has delivered or
received merchandise while outside the territorial sea;
the master of the vessel shall, unless otherwise provided by law, make
formal entry at the nearest customs facility or such other place as the
Secretary may prescribe by regulation.
(b) Preliminary entry
The Secretary may by regulation permit the master to make preliminary entry
of the vessel with the Customs Service in lieu of formal entry or before
formal entry is made. In permitting preliminary entry, the Customs Service
shall board a sufficient number of vessels to ensure compliance with the
laws it enforces.
(c) Regulations
The Secretary may by regulation-
(1) prescribe the manner and format in which entry under subsection (a) of
this section or subsection (b) of this section, or both, must be made, and
such regulations may provide that any such entry may be made electronically
pursuant to an electronic data interchange system;
(2) provide that-
(A) formal entry must be made within a greater or lesser time than 24 hours
after arrival, but in no case more than 48 hours after arrival, and
(B) formal entry may be made before arrival; and
(3) authorize the Customs Service to permit entry or preliminary entry of
any vessel to be made at a place other than a designated port of entry,
under such conditions as may be prescribed.
§ 1436. Penalties for violations of arrival, reporting, entry, and clearance
requirements


(a) Unlawful acts
It is unlawful-
(1) to fail to comply with section 1431, 1433, or 1434 of this title or
section 91 of title 46, Appendix;
(2) to present or transmit, electronically or otherwise, any forged,
altered, or false document, paper, information, data or manifest to the
Customs Service under section 1431, 1433 (d), or 1434 of this title or
section 91 of title 46, Appendix, without revealing the facts;
(3) to fail to make entry or to obtain clearance as required by section 1434
or 1644 of this title, section 91 of title 46, Appendix, or section 1644a
(b)(1) or (c)(1) of this title; or
(4) to fail to comply with, or violate, any regulation prescribed under any
section referred to in any of paragraphs (1) through (3).
(b) Civil penalty
Any master, person in charge of a vehicle, or aircraft pilot who commits any
violation listed in subsection (a) of this section is liable for a civil
penalty of $5,000 for the first violation, and $10,000 for each subsequent
violation, and any conveyance used in connection with any such violation is
subject to seizure and forfeiture.
(c) Criminal penalty
In addition to being liable for a civil penalty under subsection (b) of this
section, any master, person in charge of a vehicle, or aircraft pilot who
intentionally commits any violation listed in subsection (a) of this section
is, upon conviction, liable for a fine of not more than $2,000 or
imprisonment for 1 year, or both; except that if the conveyance has, or is
discovered to have had, on board any merchandise (other than sea stores or
the equivalent for conveyances other than vessels) the importation of which
into the United States is prohibited, such individual is liable for an
additional fine of not more than $10,000 or imprisonment for not more than 5
years, or both.
(d) Additional civil penalty
If any merchandise (other than sea stores or the equivalent for conveyances
other than a vessel) is imported or brought into the United States in or
aboard a conveyance which was not properly reported or entered, the master,
person in charge of a vehicle, or aircraft pilot shall be liable for a civil
penalty equal to the value of the merchandise and the merchandise may be
seized and forfeited unless properly entered by the importer or consignee.
If the merchandise consists of any controlled substance listed in section
1584 of this title, the master, individual in charge of a vehicle, or pilot
shall be liable to the penalties prescribed in that section.