                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
                     Part V--Enforcement Provisions
 
Sec. 1595a. Forfeitures and other penalties


(a) Importation, removal, etc. contrary to laws of United States

    Except as specified in subsection (b) or (c) of section 1594 of this 
title, every vessel, vehicle, animal, aircraft, or other thing used in, 
to aid in, or to facilitate, by obtaining information or in any other 
way, the importation, bringing in, unlading, landing, removal, 
concealing, harboring, or subsequent transportation of any article which 
is being or has been introduced, or attempted to be introduced, into the 
United States contrary to law, whether upon such vessel, vehicle, 
animal, aircraft, or other thing or otherwise, may be seized and 
forfeited together with its tackle, apparel, furniture, harness, or 
equipment.

(b) Penalty for aiding unlawful importation

    Every person who directs, assists financially or otherwise, or is in 
any way concerned in any unlawful activity mentioned in the preceding 
subsection shall be liable to a penalty equal to the value of the 
article or articles introduced or attempted to be introduced.

(c) Merchandise introduced contrary to law

    Merchandise which is introduced or attempted to be introduced into 
the United States contrary to law shall be treated as follows:
        (1) The merchandise shall be seized and forfeited if it--
            (A) is stolen, smuggled, or clandestinely imported or 
        introduced;
            (B) is a controlled substance, as defined in the Controlled 
        Substances Act (21 U.S.C. 801 et seq.), and is not imported in 
        accordance with applicable law;
            (C) is a contraband article, as defined in section 80302 of 
        title 49; or
            (D) is a plastic explosive, as defined in section 841(q) of 
        title 18, which does not contain a detection agent, as defined 
        in section 841(p) of such title.

        (2) The merchandise may be seized and forfeited if--
            (A) its importation or entry is subject to any restriction 
        or prohibition which is imposed by law relating to health, 
        safety, or conservation and the merchandise is not in compliance 
        with the applicable rule, regulation, or statute;
            (B) its importation or entry requires a license, permit or 
        other authorization of an agency of the United States Government 
        and the merchandise is not accompanied by such license, permit, 
        or authorization;
            (C) it is merchandise or packaging in which copyright, 
        trademark, or trade name protection violations are involved 
        (including, but not limited to, violations of section 1124, 
        1125, or 1127 of title 15, section 506 or 509 of title 17, or 
        section 2318 or 2320 of title 18);
            (D) it is trade dress merchandise involved in the violation 
        of a court order citing section 1125 of title 15;
            (E) it is merchandise which is marked intentionally in 
        violation of section 1304 of this title; or
            (F) it is merchandise for which the importer has received 
        written notices that previous importations of identical 
        merchandise from the same supplier were found to have been 
        marked in violation of section 1304 of this title.

        (3) If the importation or entry of the merchandise is subject to 
    quantitative restrictions requiring a visa, permit, license, or 
    other similar document, or stamp from the United States Government 
    or from a foreign government or issuing authority pursuant to a 
    bilateral or multilateral agreement, the merchandise shall be 
    subject to detention in accordance with section 1499 of this title 
    unless the appropriate visa, license, permit, or similar document or 
    stamp is presented to the Customs Service; but if the visa, permit, 
    license, or similar document or stamp which is presented in 
    connection with the importation or entry of the merchandise is 
    counterfeit, the merchandise may be seized and forfeited.
        (4) If the merchandise is imported or introduced contrary to a 
    provision of law which governs the classification or value of 
    merchandise and there are no issues as to the admissibility of the 
    merchandise into the United States, it shall not be seized except in 
    accordance with section 1592 of this title.
        (5) In any case where the seizure and forfeiture of merchandise 
    are required or authorized by this section, the Secretary may--
            (A) remit the forfeiture under section 1618 of this title, 
        or
            (B) permit the exportation of the merchandise, unless its 
        release would adversely affect health, safety, or conservation 
        or be in contravention of a bilateral or multilateral agreement 
        or treaty.

(June 17, 1930, ch. 497, title IV, Sec. 596, as added Sept. 1, 1954, ch. 
1213, title V, Sec. 502, 68 Stat. 1140; amended Pub. L. 99-570, title 
III, Sec. 3123, Oct. 27, 1986, 100 Stat. 3207-87; Pub. L. 103-182, title 
VI, Sec. 624, Dec. 8, 1993, 107 Stat. 2187; Pub. L. 104-132, title VI, 
Sec. 606, Apr. 24, 1996, 110 Stat. 1290.)

                       References in Text

    The Controlled Substances Act, referred to in subsec. (c)(1)(B), is 
title II of Pub. L. 91-513, Oct. 27, 1970, 84 Stat. 1242, as amended, 
which is classified principally to subchapter I (Sec. 801 et seq.) of 
chapter 13 of Title 21, Food and Drugs. For complete classification of 
this Act to the Code, see Short Title note set out under section 801 of 
Title 21 and Tables.

                          Codification

    In subsec. (c)(1)(C), ``section 80302 of title 49'' substituted for 
``section 1 of the Act of August 9, 1939 (49 U.S.C. App. 781)'' 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.


                               Amendments

    1996--Subsec. (c)(1)(D). Pub. L. 104-132 added subpar. (D).
    1993--Subsec. (c). Pub. L. 103-182 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows: ``Any merchandise that 
is introduced or attempted to be introduced into the United States 
contrary to law (other than in violation of section 1592 of this title) 
may be seized and forfeited.''
    1986--Subsec. (a). Pub. L. 99-570, Sec. 3123(1), (2), substituted 
``subsection (b) or (c) of section 1594'' for ``the proviso to section 
1594'' and ``may be seized'' for ``shall be seized''.
    Subsec. (c). Pub. L. 99-570, Sec. 3123(3), added subsec. (c).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-132 effective 1 year after Apr. 24, 1996, 
see section 607 of Pub. L. 104-132, set out as a note under section 841 
of Title 18, Crimes and Criminal Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 1590 of this title.
