                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1590. Aviation smuggling


(a) In general

    It is unlawful for the pilot of any aircraft to transport, or for 
any individual on board any aircraft to possess, merchandise knowing, or 
intending, that the merchandise will be introduced into the United 
States contrary to law.

(b) Sea transfers

    It is unlawful for any person to transfer merchandise between an 
aircraft and a vessel on the high seas or in the customs waters of the 
United States if such person has not been authorized by the Secretary to 
make such transfer and--
        (1) either--
            (A) the aircraft is owned by a citizen of the United States 
        or is registered in the United States, or
            (B) the vessel is a vessel of the United States (within the 
        meaning of section 1703(b) of this title), or

        (2) regardless of the nationality of the vessel or aircraft, 
    such transfer is made under circumstances indicating the intent to 
    make it possible for such merchandise, or any part thereof, to be 
    introduced into the United States unlawfully.

(c) Civil penalties

    Any person who violates any provision of this section is liable for 
a civil penalty equal to twice the value of the merchandise involved in 
the violation, but not less than $10,000. The value of any controlled 
substance included in the merchandise shall be determined in accordance 
with section 1497(b) of this title.

(d) Criminal penalties

    In addition to being liable for a civil penalty under subsection (c) 
of this section, any person who intentionally commits a violation of any 
provision of this section is, upon conviction--
        (1) liable for a fine of not more than $10,000 or imprisonment 
    for not more than 5 years, or both, if none of the merchandise 
    involved was a controlled substance; or
        (2) liable for a fine of not more than $250,000 or imprisonment 
    for not more than 20 years, or both, if any of the merchandise 
    involved was a controlled substance.

(e) Seizure and forfeiture

    (1) Except as provided in paragraph (2), a vessel or aircraft used 
in connection with, or in aiding or facilitating, any violation of this 
section, whether or not any person is charged in connection with such 
violation, may be seized and forfeited in accordance with the customs 
laws.
    (2) Paragraph (1) does not apply to a vessel or aircraft operated as 
a common carrier.

(f) ``Merchandise'' defined

    As used in this section, the term ``merchandise'' means only 
merchandise the importation of which into the United States is 
prohibited or restricted.

(g) Intent of transfer of merchandise

    For purposes of imposing civil penalties under this section, any of 
the following acts, when performed within 250 miles of the territorial 
sea of the United States, shall be prima facie evidence that the 
transportation or possession of merchandise was unlawful and shall be 
presumed to constitute circumstances indicating that the purpose of the 
transfer is to make it possible for such merchandise, or any part 
thereof, to be introduced into the United States unlawfully, and for 
purposes of subsection (e) of this section or section 1595a of this 
title, shall be prima facie evidence that an aircraft or vessel was used 
in connection with, or to aid or facilitate, a violation of this 
section:
        (1) The operation of an aircraft or a vessel without lights 
    during such times as lights are required to be displayed under 
    applicable law.
        (2) The presence on an aircraft of an auxiliary fuel tank which 
    is not installed in accordance with applicable law.
        (3) The failure to identify correctly--
            (A) the vessel by name or country of registration, or
            (B) the aircraft by registration number and country of 
        registration,

    when requested to do so by a customs officer or other government 
    authority.
        (4) The external display of false registration numbers, false 
    country of registration, or, in the case of a vessel, false vessel 
    name.
        (5) The presence on board of unmanifested merchandise, the 
    importation of which is prohibited or restricted.
        (6) The presence on board of controlled substances which are not 
    manifested or which are not accompanied by the permits or licenses 
    required under Single Convention on Narcotic Drugs or other 
    international treaty.
        (7) The presence of any compartment or equipment which is built 
    or fitted out for smuggling.
        (8) The failure of a vessel to stop when hailed by a customs 
    officer or other government authority.

(June 17, 1930, ch. 497, title IV, Sec. 590, as added Pub. L. 99-570, 
title III, Sec. 3120, Oct. 27, 1986, 100 Stat. 3207-84.)

                       References in Text

    The customs laws, referred to in subsec. (e)(1), are classified 
generally to this title.


                            Prior Provisions

    A prior section 1590, act June 17, 1930, ch. 497, title IV, 
Sec. 590, 46 Stat. 750, related to false drawback claims, prior to 
repeal by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept. 
1, 1948. See section 550 of Title 18, Crimes and Criminal Procedure.

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                  Section Referred to in Other Sections

    This section is referred to in title 18 section 1956.
