§ 542. — Entry of goods by means of false statements.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC542]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART I--CRIMES
CHAPTER 27--CUSTOMS
Sec. 542. Entry of goods by means of false statements
Whoever enters or introduces, or attempts to enter or introduce,
into the commerce of the United States any imported merchandise by means
of any fraudulent or false invoice, declaration, affidavit, letter,
paper, or by means of any false statement, written or verbal, or by
means of any false or fraudulent practice or appliance, or makes any
false statement in any declaration without reasonable cause to believe
the truth of such statement, or procures the making of any such false
statement as to any matter material thereto without reasonable cause to
believe the truth of such statement, whether or not the United States
shall or may be deprived of any lawful duties; or
Whoever is guilty of any willful act or omission whereby the United
States shall or may be deprived of any lawful duties accruing upon
merchandise embraced or referred to in such invoice, declaration,
affidavit, letter, paper, or statement, or affected by such act or
omission--
Shall be fined for each offense under this title or imprisoned not
more than two years, or both.
Nothing in this section shall be construed to relieve imported
merchandise from forfeiture under other provisions of law.
The term ``commerce of the United States'', as used in this section,
shall not include commerce with the Virgin Islands, American Samoa, Wake
Island, Midway Islands, Kingman Reef, Johnston Island, or Guam.
(June 25, 1948, ch. 645, 62 Stat. 715; June 30, 1955, ch. 258,
Sec. 2(c), 69 Stat. 242; Pub. L. 103-322, title XXXIII,
Secs. 330004(18), 330016(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147;
Pub. L. 104-294, title VI, Sec. 604(b)(23), Oct. 11, 1996, 110 Stat.
3508.)
Historical and Revision Notes
Based on section 1591 of title 19, U.S.C., 1940 ed., Customs Duties
(June 17, 1930, ch. 497, title IV, Sec. 591, 46 Stat. 750; Aug. 5, 1935,
ch. 438, title III, Sec. 304(a), 49 Stat. 527).
The reference in the first paragraph to persons aiding, contained in
the phrase ``or aids,'' was omitted as unnecessary as such persons are
made principals by section 2 of this title.
Words ``upon conviction'' before ``be fined'' were omitted as
surplusage since punishment cannot be imposed until conviction is
secured.
Enumeration of persons at beginning of section and provision
preserving forfeitures where authorized by law were omitted as
surplusage.
The fourth paragraph was added to the revised section to make clear
the intent of Congress that forfeiture is an additional consequence
independent of the criminal punishment.
The final paragraph was added to conform with section 1709 of title
19, U.S.C., 1940 ed.
Changes in phraseology were also made.
Amendments
1996--Pub. L. 104-294 amended Pub. L. 103-322, Sec. 330004(18). See
1994 Amendment note below.
1994--Pub. L. 103-322, Sec. 330016(1)(K), substituted ``fined under
this title'' for ``fined not more than $5,000'' in third par.
Pub. L. 103-322, Sec. 330004(18), as amended by Pub. L. 104-294,
Sec. 604(b)(23), struck out ``Philippine Islands,'' before ``Virgin
Islands'' in last par.
1955--Act June 30, 1955, inserted reference to Johnston Island in
last par.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-294 effective Sept. 13, 1994, see section
604(d) of Pub. L. 104-294, set out as a note under section 13 of this
title.
Effective Date of 1955 Amendment
Amendment by act June 30, 1955, effective July 1, 1955, see section
2(d) of act June 30, 1955, set out as a note under section 1401 of Title
19, Customs Duties.
Section Referred to in Other Sections
This section is referred to in sections 981, 982, 1956 of this
title; title 31 section 9703.
