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CITE

    19 USC Sec. 1459                                            01/05/2009

EXPCITE

    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 4 - TARIFF ACT OF 1930
    SUBTITLE III - ADMINISTRATIVE PROVISIONS
    Part II - Report, Entry, and Unlading of Vessels and Vehicles

HEAD

    Sec. 1459. Reporting requirements for individuals

STATUTE

    (a) Individuals arriving other than by conveyance
      Except as otherwise authorized by the Secretary, individuals
    arriving in the United States other than by vessel, vehicle, or
    aircraft shall -
        (1) enter the United States only at a border crossing point
      designated by the Secretary; and
        (2) immediately -
          (A) report the arrival, and
          (B) present themselves, and all articles accompanying them
        for inspection;
      to the customs officer at the customs facility designated for
      that crossing point.
    (b) Individuals arriving by reported conveyance
      Except as otherwise authorized by the Secretary, passengers and
    crew members aboard a conveyance the arrival in the United States
    of which was made or reported in accordance with section 1433 or
    1644 of this title or section 1644a(b)(1) or (c)(1) of this title,
    or in accordance with applicable regulations, shall remain aboard
    the conveyance until authorized to depart the conveyance by the
    appropriate customs officer. Upon departing the conveyance, the
    passengers and crew members shall immediately report to the
    designated customs facility with all articles accompanying them.
    (c) Individuals arriving by unreported conveyance
      Except as otherwise authorized by the Secretary, individuals
    aboard a conveyance the arrival in the United States of which was
    not made or reported in accordance with the laws or regulations
    referred to in subsection (b) of this section shall immediately
    notify a customs officer and report their arrival, together with
    appropriate information concerning the conveyance on or in which
    they arrived, and present their property for customs examination
    and inspection.
    (d) Departure from designated customs facilities
      Except as otherwise authorized by the Secretary, any person
    required to report to a designated customs facility under
    subsection (a), (b), or (c) of this section may not depart that
    facility until authorized to do so by the appropriate customs
    officer.
    (e) Unlawful acts
      It is unlawful -
        (1) to fail to comply with subsection (a), (b), or (c) of this
      section;
        (2) to present any forged, altered, or false document or paper
      to a customs officer under subsection (a), (b), or (c) of this
      section without revealing the facts;
        (3) to violate subsection (d) of this section; or
        (4) to fail to comply with, or violate, any regulation
      prescribed to carry out subsection (a), (b), (c), or (d) of this
      section.
    (f) Civil penalty
      Any individual who violates any provision of subsection (e) of
    this section is liable for a civil penalty of $5,000 for the first
    violation, and $10,000 for each subsequent violation.
    (g) Criminal penalty
      In addition to being liable for a civil penalty under subsection
    (f) of this section, any individual who intentionally violates any
    provision of subsection (e) of this section is, upon conviction,
    liable for a fine of not more than $5,000, or imprisonment for not
    more than 1 year, or both.

SOURCE

    (June 17, 1930, ch. 497, title IV, Sec. 459, 46 Stat. 717; June 25,
    1938, ch. 679, Sec. 10(a), 52 Stat. 1082; Pub. L. 99-570, title
    III, Sec. 3115(a), Oct. 27, 1986, 100 Stat. 3207-82.)

CODIFICATION

      In subsec. (b), "section 1644a(b)(1) or (c)(1) of this title"
    substituted for "section 1109 of the Federal Aviation Act of 1958"
    on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat.
    1378, the first section of which enacted subtitles II, III, and V
    to X of Title 49, Transportation.

PRIOR PROVISIONS

      Provisions similar to those in this section were contained in act
    Sept. 21, 1922, ch. 356, title IV, Sec. 459, 42 Stat. 956. That
    section was superseded by section 459 of act June 17, 1930,
    comprising this section, and repealed by section 651(a)(1) of the
    1930 act.
      R.S. Sec. 3109, as amended by act Feb. 17, 1898, ch. 26, Sec. 4,
    30 Stat. 248, was omitted from the Code as superseded by this
    section. It read as follows: "The master of any foreign vessel,
    laden or in ballast, arriving, whether by sea or otherwise, in the
    waters of the United States from any foreign territory adjacent to
    the northern, northeastern, or northwestern frontiers of the United
    States, shall report at the office of any collector or deputy
    collector of the customs, which shall be nearest to the point at
    which such vessel may enter such waters; and such vessel shall not
    transfer her cargo or passengers to another vessel or proceed
    farther inland, either to unlade or take in cargo, without a
    special permit from such collector or deputy collector, issued
    under and in accordance with such general or special regulations as
    the Secretary of the Treasury may, in his discretion, from time to
    time prescribe. This section shall also apply to trade with or
    through Alaska. For any violation of this section such vessel shall
    be seized and forfeited."
      Provisions concerning the manner of importation, landing and
    unlading except in districts on the northern, northwestern and
    western boundaries, were contained in R.S. Sec. 3095, as amended by
    act April 27, 1904, ch. 1625, Sec. 1, 33 Stat. 362.
      Additional provisions concerning importations on the northern and
    northwestern boundaries, reports, manifests, entries, etc., were
    contained in R.S. Secs. 3096 and 3097.
      Provisions for the delivery of a manifest by the master of
    vessels, except registered vessels, and the person in charge of
    boats, vehicles, etc., coming from any foreign territory adjacent
    to the United States, were contained in R.S. Sec. 3098.
      R.S. Sec. 3121, provided that the master of any vessel with
    cargo, passengers, or baggage from any foreign port, should obtain
    a permit and comply with existing laws before discharging or
    landing the same.
      R.S. Sec. 3128, made special provision for landing of merchandise
    imported by steamboat on Lake Champlain.
      All of the foregoing sections of the Revised Statutes (3095-3098,
    3109, 3121 and 3128) with the exception of R.S. Sec. 3109, were
    repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42
    Stat. 989.
                                AMENDMENTS
      1986 - Pub. L. 99-570 amended section generally. Prior to
    amendment, section read as follows: "The master of any vessel of
    less than five net tons carrying merchandise and the person in
    charge of any vehicle arriving in the United States from contiguous
    country, shall immediately report his arrival to the customs
    officer at the port of entry or customhouse which shall be nearest
    to the place at which such vessel or vehicle shall cross the
    boundary line or shall enter the territorial waters of the United
    States, and if such vessel or vehicle have on board any
    merchandise, shall produce to such customs officer a manifest as
    required by law, and no such vessel or vehicle shall proceed
    farther inland nor shall discharge or land any merchandise,
    passengers, or baggage without receiving a permit therefor from
    such customs officer. Any person importing or bringing merchandise
    into the United States from a contiguous country otherwise than in
    a vessel or vehicle shall immediately report his arrival to the
    customs officer at the port of entry or customhouse which shall be
    nearest to the place at which he shall cross the boundary line and
    shall present such merchandise to such customs officer for
    inspection."
      1938 - Act June 25, 1938, substituted provisions requiring any
    person importing merchandise from a contiguous country otherwise
    than in a vessel to report his arrival at the nearest customshouse
    and present such merchandise for inspection for provisions setting
    penalties of $100 for for the failure of the master of any vessel
    to report its arrival in the United States, forfeiture of vessel
    and goods for unlading without a permit, and $500 for the unlading
    of any passenger without a permit.
                     EFFECTIVE DATE OF 1938 AMENDMENT
      Amendment by act June 25, 1938, effective on thirtieth day
    following June 25, 1938, except as otherwise specifically provided,
    see section 37 of act June 25, 1938, set out as a note under
    section 1401 of this title.