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

(June 17, 1930, ch. 497, title IV, Sec. 436, 46 Stat. 711; Aug. 5, 1935, 
ch. 438, title II, Sec. 202, 49 Stat. 521; Pub. L. 99-570, title III, 
Sec. 3113(a), Oct. 27, 1986, 100 Stat. 3207-81; Pub. L. 103-182, title 
VI, Sec. 611, Dec. 8, 1993, 107 Stat. 2170; Pub. L. 104-295, 
Sec. 21(e)(3), Oct. 11, 1996, 110 Stat. 3530.)

                          Codification

    In subsec. (a)(3), ``section 1644a(b)(1) or (c)(1) of this title'' 
substituted for ``section 1109 of the Federal Aviation Act of 1958 (49 
U.S.C. App. 1509)'' 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 R.S. 
Sec. 2834, as amended by act Mar. 3, 1897, ch. 389, Sec. 15, 29 Stat. 
691, which was superseded by act Sept. 21, 1922, ch. 356, title IV, 
Sec. 436, 42 Stat. 951, and was repealed by section 642 thereof. Section 
436 of the 1922 act was superseded by section 436 of act June 17, 1930, 
comprising this section, and repealed by section 651(a)(1) of the 1930 
act.


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-295 substituted ``1431'' for 
``1431(e)'' and struck out ``or'' after semicolon at end.
    1993--Pub. L. 103-182, Sec. 611(2), substituted ``entry, and 
clearance'' for ``and entry'' in section catchline.
    Subsec. (a)(1). Pub. L. 103-182, Sec. 611(1)(A), substituted 
``section 1431, 1433, or 1434 of this title or section 91 of title 46, 
Appendix'' for ``section 1433 of this title''.
    Subsec. (a)(2), (3). Pub. L. 103-182, Sec. 611(1)(B), (C), amended 
pars. (2) and (3) generally. Prior to amendment, pars. (2) and (3) read 
as follows:
    ``(2) to present any forged, altered, or false document, paper, or 
manifest to a customs officer under section 1433(d) of this title 
without revealing the facts;
    ``(3) to fail to make entry as required by section 1434, 1435, or 
1644 of this title or section 1509 of title 49, Appendix; or''.
    1986--Pub. L. 99-570 amended section generally. Prior to amendment, 
section read as follows: ``Every master who fails to make the report or 
entry provided for in sections 1433, 1434, or 1435 of this title shall, 
for each offense, be liable to a fine of not more than $1,000 and, if 
the vessel have, or be discovered to have had, on board any merchandise 
(sea stores excepted), the importation of which into the United States 
is prohibited, or any spirits, wines, or other alcoholic liquors, such 
master shall be subject to an additional fine of not more than $2,000 or 
to imprisonment for not more than one year, or to both such fine and 
imprisonment.
    ``Every master who presents a forged, altered, or false document or 
paper on making entry of a vessel as required by section 1434 or 1435 of 
this title, knowing the same to be forged, altered, or false and without 
revealing the fact, shall, in addition to any forfeiture to which in 
consequence the vessel may be subject, be liable to a fine of not more 
than $5,000 nor less than $50 or to imprisonment for not more than two 
years, or to both such fine and imprisonment.''
    1935--Act Aug. 5, 1935, inserted provisions relating to additional 
penalty for vessel carrying nonimportable merchandise or liquor and 
added second par.
