                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1586. Unlawful unlading or transshipment


(a) Penalty for unlading prior to grant of permission

    The master of any vessel from a foreign port or place, or of a 
hovering vessel which has received or delivered merchandise while 
outside the territorial sea, who allows any merchandise (including sea 
stores) to be unladen from such vessel at any time after its arrival 
within the customs waters and before such vessel has come to the proper 
place for the discharge of such merchandise, and before he has received 
a permit to unlade, shall be liable to a penalty equal to twice the 
value of the merchandise but not less than $10,000, and such vessel and 
its cargo and the merchandise so unladen shall be seized and forfeited.

(b) Penalty for transshipment to any vessel for purpose of unlawful 
        entry

    The master of any vessel from a foreign port or place, or of a 
hovering vessel which has received or delivered merchandise while 
outside the territorial sea, who allows any merchandise (including sea 
stores), the importation of which into the United States is prohibited, 
or which consists of any spirits, wines, or other alcoholic liquors, to 
be unladen from his vessel at any place upon the high seas adjacent to 
the customs waters of the United States to be transshipped to or placed 
in or received on any vessel of any description, with knowledge, or 
under circumstances indicating the purpose to render it possible, that 
such merchandise, or any part thereof, may be introduced, or attempted 
to be introduced, into the United States in violation of law, shall be 
liable to a penalty equal to twice the value of the merchandise but not 
less than $10,000, and the vessel from which the merchandise is so 
unladen, and its cargo and such merchandise, shall be seized and 
forfeited.

(c) Penalty for unlawful transshipment to any vessel of United States

    The master of any vessel from a foreign port or place, or of a 
hovering vessel which has received or delivered merchandise while 
outside the territorial sea, who allows any merchandise (including sea 
stores) destined to the United States, the importation of which into the 
United States is prohibited, or which consists of any spirits, wines, or 
other alcoholic liquors, to be unladen, without permit to unlade, at any 
place upon the high seas adjacent to the customs waters of the United 
States, to be transshipped to or placed in or received on any vessel of 
the United States or any other vessel which is owned by any person a 
citizen of, or domiciled in, the United States, or any corporation 
incorporated in the United States, shall be liable to a penalty equal to 
twice the value of the merchandise but not less than $10,000, and the 
vessel from which the merchandise is so unladen, and its cargo and such 
merchandise, shall be seized and forfeited.

(d) Liability of master of receiving vessel in unlawful transshipment

    If any merchandise (including sea stores) unladen in violation of 
the provisions of this section is transshipped to or placed in or 
received on any other vessel, the master of the vessel on which such 
merchandise is placed, and any person aiding or assisting therein, shall 
be liable to a penalty equal to twice the value of the merchandise, but 
not less than $10,000, and such vessel, and its cargo and such 
merchandise, shall be seized and forfeited.

(e) Imprisonment of persons aiding in unlawful unlading or transshipment

    Whoever, at any place, if a citizen of the United States, or at any 
place in the United States or within customs waters, if a foreign 
national, shall engage or aid or assist in any unlading or transshipment 
of any merchandise in consequence of which any vessel becomes subject to 
forfeiture under the provisions of this section shall, in addition to 
any other penalties provided by law, be liable to imprisonment for not 
more than 15 years.

(f) Unlading or transshipment because of accident, stress of weather, 
        etc.

    Whenever any part of the cargo or stores of a vessel has been 
unladen or transshipped because of accident, stress of weather, or other 
necessity, the master of such vessel and the master of any vessel to 
which such cargo or stores has been transshipped shall, as soon as 
possible thereafter, notify the Customs Service at the district within 
which such unlading or transshipment has occurred, or the Customs 
Service at the district at which such vessel shall first arrive 
thereafter, and shall furnish proof that such unlading or transshipment 
was made necessary by accident, stress of weather, or other unavoidable 
cause, and if the Customs Service is satisfied that the unlading or 
transshipment was in fact due to accident, stress of weather, or other 
necessity, the penalties described in this section shall not be 
incurred.

(June 17, 1930, ch. 497, title IV, Sec. 586, 46 Stat. 749; Aug. 5, 1935, 
ch. 438, title II, Sec. 205, 49 Stat. 524; Pub. L. 91-271, title III, 
Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L. 99-570, title III, 
Sec. 3119, Oct. 27, 1986, 100 Stat. 3207-84; Pub. L. 103-182, title VI, 
Sec. 620, Dec. 8, 1993, 107 Stat. 2180.)


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Secs. 586, 587, 42 Stat. 980, 981. 
These sections were superseded by section 586 of act June 17, 1930, 
comprising this section, and repealed by section 651(a)(1) of the 1930 
act.
    Provisions somewhat similar to those in this section, but applicable 
only to vessels ``bound to the United States'' were contained in R.S. 
Sec. 2867, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, 
Sec. 642, 42 Stat. 989.
    Provisions substantially the same in effect as those contained in 
the act of 1922, Sec. 587, except that the penalty was treble the value 
of the merchandise, and the provision for forfeiture applied only to the 
vessel was contained in R.S. Sec. 2868, prior to repeal by act Sept. 21, 
1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1993--Subsecs. (a) to (c). Pub. L. 103-182, Sec. 620(1), inserted 
``, or of a hovering vessel which has received or delivered merchandise 
while outside the territorial sea,'' after ``from a foreign port or 
place''.
    Subsec. (f). Pub. L. 103-182, Sec. 620(2), substituted ``the Customs 
Service at the district'' for ``the appropriate customs officer of the 
district'' and ``the appropriate customs officer within the district'' 
and ``the Customs Service is satisfied'' for ``the appropriate customs 
officer is satisfied''.
    1986--Subsecs. (a) to (d). Pub. L. 99-570, Sec. 3119(1), substituted 
``$10,000'' for ``$1,000'' wherever appearing.
    Subsec. (e). Pub. L. 99-570, Sec. 3119(2)(A), substituted ``customs 
waters'' for ``one league of the coast of the United States''.
    Pub. L. 99-570, Sec. 3119(2)(B), which directed that ``15 years'' be 
substituted for ``2 years'' was executed by making the substitution for 
``two years'' as the probable intent of Congress.
    1970--Subsec. (f). Pub. L. 91-271 substituted references to 
appropriate customs officer for references to collector wherever 
appearing.
    1935--Act Aug. 5, 1935, redesignated existing provisions as subsecs. 
(a) and (f) and added subsecs. (b) to (e).


                    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.
