§ 966. — Departure of vessel forbidden for false statements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC966]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 45--FOREIGN RELATIONS
Sec. 966. Departure of vessel forbidden for false statements
(a) Whenever it appears that the vessel is not entitled to clearance
or whenever there is reasonable cause to believe that the additional
statements under oath required in section 965 of this title are false,
the collector of customs for the district in which the vessel is located
may, subject to review by the head of the department or agency charged
with the administration of laws relating to clearance of vessels, refuse
clearance to any vessel, domestic or foreign, and by formal notice
served upon the owners, master, or person or persons in command or
charge of any domestic vessel for which clearance is not required by
law, forbid the departure of the vessel from the port or from the United
States. It shall thereupon be unlawful for the vessel to depart.
(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.
(June 25, 1948, ch. 645, 62 Stat. 747; 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. 35, 36 (June 15, 1917,
ch. 30, title V, Secs. 5, 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.
Mandatory punishment provision was rephrased in the alternative.
The phrase ``by the head of the department or agency charged with
the administration of laws relating to clearance of vessels,'' was
substituted for ``by the Secretary of Commerce'' in view of Executive
Order No. 9083 (F.R. 1609) transferring functions to the Commissioner of
Customs.
The conspiracy provision of said section 36 was omitted as covered
by section 371 of this title. See reviser's note under that section.
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''.
Transfer of Functions
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise in Bureau of Customs
of Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, 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 title 22 section 465.
