§ 965. — Verified statements as prerequisite to vessel's departure.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC965]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 45--FOREIGN RELATIONS
Sec. 965. Verified statements as prerequisite to vessel's
departure
(a) During a war in which the United States is a neutral nation,
every master or person having charge or command of any vessel, domestic
or foreign, whether requiring clearance or not, before departure of such
vessel from port shall, in addition to the facts required by section 431
of the Tariff Act of 1930 (19 U.S.C. 1431) and section 4197 of the
Revised Statutes of the United States (46 U.S.C. App. 91), to be set out
in the masters' and shippers' manifests before clearance will be issued
to vessels bound to foreign ports, deliver to the Customs Service a
statement, duly verified by oath, that the cargo or any part of the
cargo is or is not to be delivered to other vessels in port or to be
transshipped on the high seas, and, if it is to be so delivered or
transshipped, stating the kind and quantities and the value of the total
quantity of each kind of article so to be delivered or transshipped, and
the name of the person, corporation, vessel, or government to whom the
delivery or transshipment is to be made; and the owners, shippers, or
consignors of the cargo of such vessel shall in the same manner and
under the same conditions deliver to the Customs Service like statements
under oath as to the cargo or the parts thereof laden or shipped by
them, respectively.
(b) Whoever, in violation of this section, takes or attempts to
take, or authorizes the taking of any such vessel, out of port or from
the United States, shall be fined under this title or imprisoned not
more than ten years, or both.
In addition, such vessel, her tackle, apparel, furniture, equipment,
and her cargo shall be forfeited to the United States.
The Secretary of the Treasury is authorized to promulgate
regulations upon compliance with which vessels engaged in the coastwise
trade or fisheries or used solely for pleasure may be relieved from
complying with this section.
(June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103-182, title VI,
Sec. 687, Dec. 8, 1993, 107 Stat. 2221; Pub. L. 103-322, title XXXIII,
Sec. 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 34, 36 (June 15, 1917,
ch. 30, title V, Secs. 4, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72,
Sec. 5, 54 Stat. 79).
Section consolidates said sections of title 18, U.S.C., 1940 ed.
Words ``within the United States'' were substituted for ``within the
jurisdiction'' etc., in view of the definition of United States in
section 5 of this title.
Mandatory punishment provision was rephrased in the alternative.
Words in subsection (a), referring to title 46, sections 91, 92, and
94, ``each of which sections is hereby declared to be and is continued
in full force and effect,'' were omitted as surplusage.
The conspiracy provision of said section 36 was omitted as covered
by section 371 of this title. See reviser's note under that section.
The final paragraph of the revised section was added on advice of
the Treasury Department, to conform with administrative practice and
because of the unnecessary burden upon domestic commerce had the
provisions of this section been enforced against coastwise, fishing, and
pleasure vessels.
Minor changes of phraseology were made.
Amendments
1994--Subsec. (b). Pub. L. 103-322 substituted ``fined under this
title'' for ``fined not more than $10,000''.
1993--Subsec. (a). Pub. L. 103-182 substituted ``section 431 of the
Tariff Act of 1930 (19 U.S.C. 1431) and section 4197 of the Revised
Statutes of the United States (46 U.S.C. App. 91),'' for ``sections 91,
92, and 94 of Title 46'', ``deliver to the Customs Service'' for
``deliver to the collector of customs for the district wherein such
vessel is then located'', and ``the Customs Service like'' for ``the
collector like''.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise in Bureau of Customs
of Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out in the Appendix to Title 5, Government Organization and
Employees. All functions of offices eliminated were already vested in
Secretary of the Treasury by Reorg. Plan No. 26 of 1950. eff. July 31,
1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5.
Section Referred to in Other Sections
This section is referred to in section 966 of this title; title 22
section 465.
