                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1584. Falsity or lack of manifest; penalties


(a) General rule

    (1) Any master of any vessel and any person in charge of any vehicle 
bound to the United States who does not produce the manifest to the 
officer (whether of the Customs Service or the Coast Guard) demanding 
the same shall be liable to a penalty of $1,000, and if any merchandise, 
including sea stores, is found on board of or after having been unladen 
from such vessel or vehicle which is not included or described in said 
manifest or does not agree therewith, the master of such vessel or the 
person in charge of such vehicle or the owner of such vessel or vehicle 
or any person directly or indirectly responsible for any discrepancy 
between the merchandise and said manifest shall be liable to a penalty 
equal to the lesser of $10,000 or the domestic value of the merchandise 
so found or unladen, and any such merchandise belonging or consigned to 
the master or other officer or to any of the crew of such vessel, or to 
the owner or person in charge of such vehicle, shall be subject to 
forfeiture, and if any merchandise described in such manifest is not 
found on board the vessel or vehicle the master or other person in 
charge or the owner of such vessel or vehicle or any person directly or 
indirectly responsible for any discrepancy between the merchandise and 
said manifest shall be subject to a penalty of $1,000: Provided, That if 
the Customs Service shall be satisfied that the manifest was lost or 
mislaid without intentional fraud, or was defaced by accident, or is 
incorrect by reason of clerical error or other mistake and that no part 
of the merchandise not found on board was unshipped or discharged except 
as specified in the report of the master, said penalties shall not be 
incurred. For purposes of this subsection, the term ``clerical error'' 
means a nonnegligent, inadvertent, or typographical mistake in the 
preparation, assembly, or submission (electronically or otherwise) of 
the manifest.
    (2) If any of such merchandise so found consists of heroin, 
morphine, cocaine, isonipecaine, or opiate, the master of such vessel or 
person in charge of such vehicle or the owner of such vessel or vehicle 
or any person directly or indirectly responsible for heroin, morphine, 
cocaine, isonipecaine, or opiate being in such merchandise shall be 
liable to a penalty of $1,000 for each ounce thereof so found. If any of 
such merchandise so found consists of smoking opium, opium prepared for 
smoking, or marihuana, the master of such vessel or person in charge of 
such vehicle or the owner of such vessel or vehicle or any person 
directly or indirectly responsible for smoking opium, opium prepared for 
smoking, or marihuana being in such merchandise shall be liable to a 
penalty of $500 for each ounce thereof so found. If any of such 
merchandise so found consists of crude opium, the master of such vessel 
or person in charge of such vehicle or the owner of such vessel or 
vehicle or any person directly or indirectly responsible for crude opium 
being in such merchandise shall be liable to a penalty of $200 for each 
ounce thereof so found. Such penalties shall, notwithstanding the 
proviso in section 1594 of this title (relating to the immunity of 
vessels or vehicles used as common carriers), constitute a lien upon 
such vessel which may be enforced by a libel in rem; except that the 
master or owner of a vessel used by any person as a common carrier in 
the transaction of business as such common carrier shall not be liable 
to such penalties and the vessel shall not be held subject to the lien, 
if it appears to the satisfaction of the court that neither the master 
nor any of the officers (including licensed and unlicensed officers and 
petty officers) nor the owner of the vessel knew, and could not, by the 
exercise of the highest degree of care and diligence, have known, that 
such narcotic drugs were on board. Clearance of any such vessel may be 
withheld until such penalties are paid or until a bond, satisfactory to 
the Customs Service, is given for the payment thereof. The provisions of 
this paragraph shall not prevent the forfeiture of any such vessel or 
vehicle under any other provision of law. As used in this paragraph, the 
terms ``opiate'' and ``marihuana'' shall have the same meaning given 
those terms by sections 802(18) and 802(16), respectively, of title 21.
    (3) If any of such merchandise (sea stores excepted), the 
importation of which into the United States is prohibited, be so found 
upon any vessel not exceeding five hundred net tons, the vessel shall, 
in addition to any other penalties herein or by law provided, be seized 
and forfeited.

(b) Procedures

    (1) If the Customs Service has reasonable cause to believe that 
there has been a violation of subsection (a)(1) of this section and 
determines that further proceedings are warranted, the Customs Service 
shall issue or electronically transmit to the person concerned a notice 
of intent to issue or electronically transmit a claim for a monetary 
penalty. Such notice shall--
        (A) describe the merchandise;
        (B) set forth the details of the error in the manifest;
        (C) specify all laws and regulations allegedly violated;
        (D) disclose all the material facts which establish the alleged 
    violation;
        (E) state the estimated loss of lawful duties, if any, and, 
    taking into account all of the circumstances, the amount of the 
    proposed monetary penalty; and
        (F) inform such person that he will have a reasonable 
    opportunity to make representations, both oral and written, as to 
    why such penalty claim should not be issued.

No notice is required under this subsection for any violation of 
subsection (a)(1) of this section for which the proposed penalty is 
$1,000 or less.
    (2) After considering representations, if any, made by the person 
concerned pursuant to the notice issued under paragraph (1), the Customs 
Service shall determine whether any violation of subsection (a)(1) of 
this section, as alleged in the notice, has occurred. If the Customs 
Service determines that there was no violation, the Customs Service 
shall promptly issue or electronically transmit a statement of the 
determination to the person to whom the notice was sent. If the Customs 
Service determines that there was a violation, the Customs Service shall 
issue or electronically transmit a penalty claim to such person. The 
penalty claim shall specify all changes in the information provided 
under subparagraphs (A) through (E) of paragraph (1).

(June 17, 1930, ch. 497, title IV, Sec. 584, 46 Stat. 748; Aug. 5, 1935, 
ch. 438, title II, Sec. 204, 49 Stat. 523; July 1, 1944, ch. 377, 
Sec. 10, 58 Stat. 722; Mar. 8, 1946, ch. 81, Sec. 9, 60 Stat. 39; Pub. 
L. 91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 
91-513, title III, Sec. 1102(m), Oct. 27, 1970, 84 Stat. 1293; Pub. L. 
95-410, title I, Sec. 109, Oct. 3, 1978, 92 Stat. 892; Pub. L. 99-570, 
title III, Sec. 3118, Oct. 27, 1986, 100 Stat. 3207-84; Pub. L. 103-182, 
title VI, Sec. 619, Dec. 8, 1993, 107 Stat. 2180; Pub. L. 106-36, title 
I, Sec. 1001(b)(7), June 25, 1999, 113 Stat. 132.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 584, 42 Stat. 980. Section 584 
of the 1922 act was superseded by section 584 of act June 17, 1930, 
comprising this section, and repealed by section 651(a)(1) of the 1930 
act.
    Prior provisions dealing with the subject matter of this section 
were contained in R.S. Sec. 2809, imposing a penalty and providing for 
forfeiture for bringing in merchandise not included in the manifest, or 
without a manifest; section 2810, as amended by act Feb. 27, 1877, ch. 
69, Sec. 1, 19 Stat. 246, making an exception in case of mistake or 
accident, etc.; section 2814, imposing penalties for failing to produce, 
or deliver copies of the manifests, etc.; section 2815, requiring 
officers to report violations; section 2887, imposing a penalty if any 
package reported was not found, or if the merchandise did not agree with 
the report or manifest, etc. All of these sections were repealed by act 
Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1999--Subsec. (a)(2). Pub. L. 106-36, Sec. 1001(b)(7)(A), in last 
sentence, substituted ``802(18) and 802(16), respectively, of title 21'' 
for ``802(17) and 802(15), respectively, of title 21''.
    Subsec. (a)(3). Pub. L. 106-36, Sec. 1001(b)(7)(B), struck out ``or 
which consists of any spirits, wines, or other alcoholic liquors for the 
importation of which into the United States a certificate is required 
under section 1707 of this title and the required certificate be not 
shown,'' after ``United States is prohibited,'' and substituted period 
at end for ``, and, if any manifested merchandise (sea stores excepted) 
consisting of any such spirits, wines, or other alcoholic liquors be 
found upon any such vessel and the required certificate be not shown, 
the master of the vessel shall be liable to the penalty herein provided 
in the case of merchandise not duly manifested: Provided, That if the 
Customs Service shall be satisfied that the certificate required for the 
importation of any spirits, wines, or other alcoholic liquors was issued 
and was lost or mislaid without intentional fraud, or was defaced by 
accident, or is incorrect by reason of clerical error or other mistake, 
said penalties shall not be incurred.''
    1993--Subsec. (a)(1). Pub. L. 103-182, Sec. 619(1), substituted 
``officer (whether of the Customs Service or the Coast Guard) demanding 
the same'' for ``officer demanding the same'' and ``Customs Service 
shall be satisfied'' for ``appropriate customs officer shall be 
satisfied'' and inserted ``(electronically or otherwise)'' after 
``submission'' in last sentence.
    Subsec. (a)(2), (3). Pub. L. 103-182, Sec. 619(1)(A), substituted 
``Customs Service'' for ``appropriate customs officer'' wherever 
appearing.
    Subsec. (b)(1). Pub. L. 103-182, Sec. 619(2), substituted ``If the 
Customs Service'' for ``If the appropriate customs officer'' and ``the 
Customs Service shall issue or electronically transmit to the person 
concerned a notice of intent to issue or electronically transmit a 
claim'' for ``he shall issue to the person concerned a written notice of 
his intention to issue a claim''.
    Subsec. (b)(2). Pub. L. 103-182, Sec. 619(2)(A)-(C), substituted 
``the Customs Service shall determine'' for ``the appropriate customs 
officer shall determine'', ``the Customs Service determines that there 
was no violation, the Customs Service shall promptly issue or 
electronically transmit a statement'' for ``such officer determines that 
there was no violation, he shall promptly issue a written statement'', 
``the Customs Service determines that there was a violation, the Customs 
Service shall issue or electronically transmit a penalty claim'' for 
``such officer determines that there was a violation, he shall issue a 
written penalty claim'' and ``The penalty claim shall specify'' for 
``The written penalty claim shall specify''.
    1986--Subsec. (a)(1). Pub. L. 99-570, Sec. 3118(1), substituted 
``$1,000'' for ``$500'' in two places.
    Subsec. (a)(2). Pub. L. 99-570, Sec. 3118(2)-(4), substituted 
``$1,000'' for ``$50'', ``$500'' for ``$25'', and ``$200'' for ``$10''.
    Subsec. (b)(1). Pub. L. 99-570, Sec. 3118(1), substituted ``$1,000'' 
for ``$500''.
    1978--Subsec. (a)(1). Pub. L. 95-410, Sec. 109(1)(A), (2)-(4), 
inserted introductory heading ``(a) General Rule.--'', designated 
unnumbered first par. as par. (1), substituted for merchandise found or 
unladen but not included or described in the manifest a penalty the 
lesser of $10,000 or the domestic value of the merchandise for prior 
penalty equal to the value of the merchandise so found or unladen, made 
the above penalty and penalty of $500 for describing merchandise in the 
manifest without being found aboard the vessel or vehicle applicable to 
any person directly or indirectly responsible for any discrepancy 
between the merchandise and the manifest, and defined the term 
``clerical error''.
    Subsec. (a)(2). Pub. L. 95-410, Sec. 109(1)(B), (5)-(7), designated 
unnumbered second par. as par. (2) and made the penalties of $50, $25, 
and $10 applicable to any person directly or indirectly responsible, 
respectively, for: heroin, morphine, cocaine, isonipecaine, or opiate 
being in the merchandise; smoking opium, opium prepared for smoking, or 
marihuana being in the merchandise; and crude opium being in the 
merchandise.
    Subsec. (a)(3). Pub. L. 95-410, Sec. 109(1)(C), designated 
unnumbered third par. as par. (3).
    Subsec. (b). Pub. L. 95-410, Sec. 109(8), added subsec. (b).
    1970--Pub. L. 91-271 substituted references to appropriate customs 
officer for references to collector wherever appearing.
    Par. (2). Pub. L. 91-513 struck out ``isonipecaine'' from list of 
defined substances and substituted sections 802(17) and 802(15) of title 
21 for sections 3228(e), 3228(f), and 3238(b) of title 26 as the 
sections where definitions referred to are to be found.
    1946--Par. (2). Act Mar. 8, 1946, struck out ``or'' before 
``isonipecaine'' and inserted ``or opiate'', after ``isonipecaine'' in 
first sentence, inserted ``opiate'' after ``isonipecaine'' and inserted 
``3228(f)'' in last sentence.
    1944--Par. (2). Act July 1, 1944, struck out ``or'' before 
``cocaine,'' and inserted ``or isonipecaine'' after ``cocaine'' in first 
sentence, struck ``or'' before ``or opium prepared'' and inserted a 
comma in lieu thereof, inserted ``or Marihuana'' after ``prepared for 
smoking'' in second sentence, and inserted last sentence.
    1935--Act Aug. 5, 1935, amended second par. and inserted last par.


                    Effective Date of 1970 Amendments

    Amendment by Pub. L. 91-513 effective on first day of the seventh 
calendar month that begins after Oct. 26, 1970, see section 1105(a) of 
Pub. L. 91-513, set out as an Effective Date note under section 951 of 
Title 21, Food and Drugs.
    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.


                            Savings Provision

    Prosecutions for any violation of law occurring, and civil seizures 
or forfeitures and injunctive proceedings commenced, prior to the 
effective date of amendment of this section by section 1102 of Pub. L. 
91-513 not to be affected or abated by reason thereof, see section 1103 
of Pub. L. 91-513, set out as a note under section 171 of Title 21, Food 
and Drugs.


               Standards of Care in Discovering Contraband

    Pub. L. 100-690, title VII, Sec. 7369, Nov. 18, 1988, 102 Stat. 
4481, directed Secretary of the Treasury, no later than 120 days after 
Nov. 18, 1988, and after an opportunity for public comment, to prescribe 
regulations which set forth criteria for use by the owner, master, 
pilot, operator, or officer of, or other employee in charge of, any 
common carrier in meeting the standards under sections 1584(a)(2) and 
1594(c) of this title for the exercise of the highest degree of care and 
diligence to know whether controlled substances imported into the United 
States are on board the common carrier and, within 6 months after Nov. 
18, 1988, to issue controlled substances regulations for a 2-year 
demonstration program to establish procedures for air carrier 
development and Customs Service approval of foreign and domestic 
security and inspection practices by permitting air carriers to request 
the Secretary of the Treasury to permit air carriers, the Customs 
Service, or an approved agent of the Customs Service to inspect at 
United States airports of entry, and aircraft arriving from foreign 
locations.

                  Section Referred to in Other Sections

    This section is referred to in sections 1436, 1644a of this title.
