                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                     SUBTITLE II--SPECIAL PROVISIONS
 
                          Part I--Miscellaneous
 
Sec. 1305. Immoral articles; importation prohibited


(a) Prohibition of importation

    All persons are prohibited from importing into the United States 
from any foreign country any book, pamphlet, paper, writing, 
advertisement, circular, print, picture, or drawing containing any 
matter advocating or urging treason or insurrection against the United 
States, or forcible resistance to any law of the United States, or 
containing any threat to take the life of or inflict bodily harm upon 
any person in the United States, or any obscene book, pamphlet, paper, 
writing, advertisement, circular, print, picture, drawing, or other 
representation, figure, or image on or of paper or other material, or 
any cast, instrument, or other article which is obscene or immoral, or 
any drug or medicine or any article whatever for causing unlawful 
abortion, or any lottery ticket, or any printed paper that may be used 
as a lottery ticket, or any advertisement of any lottery. No such 
articles whether imported separately or contained in packages with other 
goods entitled to entry, shall be admitted to entry; and all such 
articles and, unless it appears to the satisfaction of the appropriate 
customs officer that the obscene or other prohibited articles contained 
in the package were inclosed therein without the knowledge or consent of 
the importer, owner, agent, or consignee, the entire contents of the 
package in which such articles are contained, shall be subject to 
seizure and forfeiture as hereinafter provided: Provided, That the drugs 
hereinbefore mentioned, when imported in bulk and not put up for any of 
the purposes hereinbefore specified, are excepted from the operation of 
this subdivision: Provided further, That the Secretary of the Treasury 
may, in his discretion, admit the so-called classics or books of 
recognized and established literary or scientific merit, but may, in his 
discretion, admit such classics or books only when imported for 
noncommercial purposes: Provided further, That effective January 1, 
1993, this section shall not apply to any lottery ticket, printed paper 
that may be used as a lottery ticket, or advertisement of any lottery, 
that is printed in Canada for use in connection with a lottery conducted 
in the United States.

(b) \1\ Enforcement procedures
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    \1\ So in original. Two subsecs. (b) and (c) have been enacted. 
Second subsecs. (b) and (c) probably should be designated (e) and (f), 
respectively.
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    Upon the appearance of any such book or matter at any customs 
office, the same shall be seized and held by the appropriate customs 
officer to await the judgment of the district court as hereinafter 
provided; and no protest shall be taken to the United States Court of 
International Trade from the decision of such customs officer. Upon the 
seizure of such book or matter, such customs officer shall transmit 
information thereof to the United States attorney of the district in 
which is situated either--
        (1) the office at which such seizure took place; or
        (2) the place to which such book or matter is addressed;

and the United States attorney shall institute proceedings in the 
district court for the forfeiture, confiscation, and destruction of the 
book or matter seized. Upon the adjudication that such book or matter 
thus seized is of the character the entry of which is by this section 
prohibited, it shall be ordered destroyed and shall be destroyed. Upon 
adjudication that such book or matter thus seized is not of the 
character the entry of which is by this section prohibited, it shall not 
be excluded from entry under the provisions of this section.
    In any such proceeding any party in interest may upon demand have 
the facts at issue determined by a jury and any party may have an appeal 
or the right of review as in the case of ordinary actions or suits.

(c) \1\ Institution of forfeiture proceedings

    Notwithstanding the provisions of subsections (a) and (b) of this 
section, whenever a customs officer discovers any obscene material after 
such material has been imported or brought into the United States, or 
attempted to be imported or brought into the United States, he may refer 
the matter to the United States attorney for the institution of 
forfeiture proceedings under this section. Such proceedings shall begin 
no more than 30 days after the time the material is seized; except that 
no seizure or forfeiture shall be invalidated for delay if the claimant 
is responsible for extending the action beyond the allowable time limits 
or if proceedings are postponed pending the consideration of 
constitutional issues.

(d) Stay of forfeiture proceedings

    Upon motion of the United States, a court shall stay such civil 
forfeiture proceedings commenced under this section pending the 
completion of any related criminal matter.

(b) \1\ Coordination of forfeiture proceedings with criminal proceedings

    (1) Notwithstanding subsection (a) of this section, whenever the 
Customs Service is of the opinion that criminal prosecution would be 
appropriate or that further criminal investigation is warranted in 
connection with allegedly obscene material seized at the time of entry, 
the appropriate customs officer shall immediately transmit information 
concerning such seizure to the United States Attorney \2\ of the 
district of the addressee's residence. No notice to the addressee or 
consignee concerning the seizure is required at the time of such 
transmittal.
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    \2\ So in original. Probably should not be capitalized.
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    (2) Upon receipt of such information, such United States attorney 
shall promptly determine whether in such attorney's opinion the referral 
of the matter for forfeiture under this section would materially affect 
the Government's ability to conduct a criminal investigation with 
respect to such seizure.
    (3) If the United States attorney is of the opinion that no 
prejudice to such investigation will result from such referral, such 
attorney shall immediately so notify the Customs Service in writing. The 
appropriate customs officer shall immediately notify in writing the 
addressee or consignee of the seizure and shall transmit information 
concerning such seizure to the United States Attorney \2\ of the 
district in which is situated the office at which such seizure has taken 
place. The actions described in paragraphs (1) through (3) of this 
subsection shall take place within sufficient time to allow for the 
filing of a forfeiture complaint within 14 days of the seizure unless 
the United States Attorney \2\ of the district of the addressee's 
residence certifies in writing and includes specific, articulable facts 
demonstrating that the determination required in paragraph (2) of this 
subsection could not be made in sufficient time to comply with this 
deadline. In such cases, the actions described in paragraphs (1) through 
(3) of this subsection shall take place within sufficient time to allow 
for the filing of a forfeiture complaint within 21 days of seizure.
    (4) If the United States attorney for the district of the 
addressee's residence concludes that material prejudice to such 
investigation will result from such referral, such United States 
attorney shall place on file, within 14 days of the date of seizure, a 
dated certification stating that it is the United States attorney's 
judgment that referral of the matter for forfeiture under this section 
would materially affect the Government's ability to conduct a criminal 
investigation with respect to the seizure. The certification shall set 
forth specific, articulable facts demonstrating that withholding 
referral for forfeiture is necessary.
    (5)(A) As soon as the circumstances change so that withholding of 
referral for forfeiture is no longer necessary for purposes of the 
criminal investigation, the United States attorney shall immediately so 
notify the Customs Service in writing and shall furnish a copy of the 
certification described in paragraph (4) above to the Customs Service.
    (B) In any matter referred to a United States attorney for possible 
criminal prosecution wherein subparagraph (5)(A) does not apply, the 
United States attorney shall immediately notify the Customs Service in 
writing concerning the disposition of the matter, whether by institution 
of a prosecution or a letter of declination, and shall also furnish a 
copy of the certification described in paragraph (4) of this subsection 
to the Customs Service.
    (C) Upon receipt of the notification described in subparagraph (A) 
or (B) of this paragraph, the appropriate customs officer shall 
immediately notify the addressee or consignee of the seizure and shall 
transmit information concerning the seizure, including a copy of the 
certification described in paragraph (4) above and a copy of the 
notification described in subparagraph (A) or (B) of this paragraph, to 
the United States attorney of the district in which is situated the 
office at which such seizure has taken place, who shall institute 
forfeiture proceedings in accordance with subsection (a) hereof within 
14 days of the date of the notification described in subparagraph (A) or 
(B) above. A copy of the certification described in paragraph (4) above 
and a copy of the notification described in subparagraph (A) or (B) of 
this paragraph shall be affixed to the complaint for forfeiture.

(c) \3\ Stay on motion
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    \3\ So in original. Two subsecs. (b) and (c) have been enacted. 
Second subsecs. (b) and (c) probably should be designated (e) and (f), 
respectively.
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    Upon motion of the United States, a court, for good cause shown, 
shall stay civil forfeiture proceedings commenced under this section 
pending the completion of any related criminal matter whether in the 
same or in a different district.

(June 17, 1930, ch. 497, title III, Sec. 305, 46 Stat. 688; June 25, 
1948, ch. 645, Sec. 21, 62 Stat. 862; June 25, 1948, ch. 646, Sec. 1, 62 
Stat. 869; Pub. L. 91-271, title III, Sec. 301(a), June 2, 1970, 84 
Stat. 287; Pub. L. 91-662, Sec. 1, Jan. 8, 1971, 84 Stat. 1973; Pub. L. 
96-417, title VI, Sec. 601(2), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 
100-418, title I, Sec. 1901(a), Aug. 23, 1988, 102 Stat. 1312; Pub. L. 
100-449, title II, Sec. 206, Sept. 28, 1988, 102 Stat. 1864; Pub. L. 
100-690, title VII, Sec. 7522(e)[d], Nov. 18, 1988, 102 Stat. 4500.)


                            Prior Provisions

    Provisions in substantially the same language as those in this 
section were made by act Oct. 3, 1913, ch. 16, Sec. IV, subsections 1, 
2, and 3, 38 Stat. 194, superseding similar provisions of previous 
tariff acts. Those subsections were superseded by act Sept. 21, 1922, 
ch. 356, title III, Sec. 305, 42 Stat. 937, and repealed by section 321 
of that act. Section 305 of act Sept. 21, 1922, was superseded by 
section 305 of act June 17, 1930, comprising this section, and repealed 
by section 651(a)(1) of the 1930 act.


                               Amendments

    1988--Subsec. (a). Pub. L. 100-449 inserted proviso at end of first 
par. directing that, ``effective January 1, 1993, this section shall not 
apply to any lottery ticket, printed paper that may be used as a lottery 
ticket, or advertisement of any lottery, that is printed in Canada for 
use in connection with a lottery conducted in the United States''.
    Pub. L. 100-418, Sec. 1901(a)(1), designated second par. of subsec. 
(a) as subsec. (b) ``Enforcement procedures''.
    Subsec. (b). Pub. L. 100-690, Sec. 7522(e), added subsec. (b) 
relating to coordination of forfeiture proceedings with criminal 
proceedings.
    Pub. L. 100-418, Sec. 1901(a)(1), (2), designated second par. of 
subsec. (a) as subsec. (b) ``Enforcement procedures'' and amended second 
sentence generally. Prior to amendment, second sentence read as follows: 
``Upon the seizure of such book or matter such customs officer shall 
transmit information thereof to the United States attorney of the 
district in which is situated the office at which such seizure has taken 
place, who shall institute proceedings in the district court for the 
forfeiture, confiscation, and destruction of the book or matter 
seized.''
    Subsec. (c). Pub. L. 100-690, Sec. 7522(e), added subsec. (c) 
relating to stay on motion.
    Pub. L. 100-418, Sec. 1901(a)(3), added subsec. (c) relating to 
institution of forfeiture proceedings.
    Subsec. (d). Pub. L. 100-418 added subsec. (d) relating to stay of 
forfeiture proceedings.
    1980--Subsec. (a). Pub. L. 96-417, in second undesignated par., 
redesignated the United States Customs Court as the United States Court 
of International Trade.
    1971--Subsec. (a). Pub. L. 91-662 struck out ``for the prevention of 
conception or'' before ``for causing unlawful abortion''.
    1970--Subsec. (a). Pub. L. 91-271 substituted references to the 
appropriate customs officer for references to the collector wherever 
appearing.
    1948--Subsec. (b). Act June 25, 1948, eff. Sept. 1, 1948, repealed 
subsec. (b) which related to penalties against government officers. See 
section 552 of Title 18, Crimes and Criminal Procedure.

                         Change of Name

    Act June 25, 1948, eff. Sept. 1, 1948, substituted ``United States 
attorney'' for ``district attorney''. See section 541 of Title 28, 
Judiciary and Judicial Procedure, and Historical and Revision Notes 
thereunder.


           Effective and Termination Dates of 1988 Amendments

    Amendment by Pub. L. 100-449 effective on date the United States-
Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to 
cease to have effect on date Agreement ceases to be in force, see 
section 501(a), (c) of Pub. L. 100-449, set out in a note under section 
2112 of this title.
    Section 1901(b) of Pub. L. 100-418 provided that: ``The amendments 
made by subsection (a) [amending this section] apply with respect to 
articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act [Aug. 23, 
1988].''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable 
with respect to civil actions pending on or commenced on or after such 
date, see section 701(a) of Pub. L. 96-417, set out as a note under 
section 251 of Title 28, Judiciary and Judicial Procedure.


                    Effective Date of 1971 Amendment

    Amendment by Pub. L. 91-662 effective Jan. 9, 1971, see section 7 of 
Pub. L. 91-662, set out as a note under section 552 of Title 18, Crimes 
and Criminal Procedure.


                    Effective Date of 1970 Amendment

    For effective date of amendment by Pub. L. 91-271, see section 203 
of Pub. L. 91-271, set out as a note under section 1500 of this title.

                          Transfer of Functions

    Functions of all other officers of Department of the Treasury and 
functions of all agencies and employees of such Department transferred, 
with certain exceptions, to Secretary of the Treasury, with power vested 
in him to authorize their performance or performance of any of his 
functions, by any of such officers, agencies, and employees, by Reorg. 
Plan No. 26 of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 
Stat. 1280, 1281, set out in the Appendix to Title 5, Government 
Organization and Employees. Customs officers, referred to in text, are 
under Department of the Treasury.

                          Importation of RU-486

    Memorandum of President of the United States, Jan. 22, 1993, 58 F.R. 
7459, provided:
    Memorandum for the Secretary of Health and Human Services
    In Import Alert 66-47, the Food and Drug Administration (``FDA'') 
excluded the drug Mifepristine--commonly known as RU-486--from the list 
of drugs that individuals can import into the United States for their 
``personal use,'' although the drugs have not yet been approved for 
distribution by the FDA. (See FDA Regulatory Procedures Manual, Chapter 
9-71.) Import Alert 66-47 effectively bans the importation into this 
Nation of a drug that is used in other nations as a nonsurgical means of 
abortion.
    I am informed that in excluding RU-486 from the personal use 
importation exemption, the FDA appears to have based its decision on 
factors other than an assessment of the possible health and safety risks 
of the drug. Accordingly, I hereby direct that you promptly instruct the 
FDA to determine whether there is sufficient evidence to warrant 
exclusion of RU-486 from the list of drugs that qualify for the personal 
use importation exemption. Furthermore, if the FDA concludes that RU-486 
meets the criteria for the personal use importation exemption, I direct 
that you immediately take steps to rescind Import Alert 66-47.
    In addition, I direct that you promptly assess initiatives by which 
the Department of Health and Human Services can promote the testing, 
licensing, and manufacturing in the United States of RU-486 or other 
antiprogestins.
    You are hereby authorized and directed to publish this memorandum in 
the Federal Register.
                                                     William J. Clinton.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 614; title 28 
section 1581.
