§ 1701. — Customsenforcement area.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1701]
TITLE 19--CUSTOMS DUTIES
CHAPTER 5--SMUGGLING
Sec. 1701. Customs-enforcement area
(a) Establishment; extent and duration; enforcement of laws applicable
to waters adjacent to customs waters
Whenever the President finds and declares that at any place or
within any area on the high seas adjacent to but outside customs waters
any vessel or vessels hover or are being kept off the coast of the
United States and that, by virtue of the presence of any such vessel or
vessels at such place or within such area, the unlawful introduction or
removal into or from the United States of any merchandise or person is
being or may be occasioned, promoted, or threatened, the place or area
so found and declared shall constitute a customs-enforcement area for
the purposes of this Act. Only such waters on the high seas shall be
within a customs-enforcement area as the President finds and declares
are in such proximity to such vessel or vessels that such unlawful
introduction or removal of merchandise or persons may be carried on by
or to or from such vessel or vessels. No customs-enforcement area shall
include any waters more than one hundred nautical miles from the place
or immediate area where the President declares such vessel or vessels
are hovering or are being kept and, notwithstanding the foregoing
provision, shall not include any waters more than fifty nautical miles
outwards from the outer limit of customs waters. Whenever the President
finds that, within any customs-enforcement area, the circumstances no
longer exist which gave rise to the declaration of such area as a
customs-enforcement area, he shall so declare, and thereafter, and until
a further finding and declaration is made under this subsection with
respect to waters within such area, no waters within such area shall
constitute a part of such customs-enforcement area. The provisions of
law applying to the high seas adjacent to customs waters of the United
States shall be enforced in a customs-enforcement area upon any vessel,
merchandise, or person found therein.
(b) Boarding vessels; arrest and seizure; compliance with treaty
provisions; authority of Secretary of Commerce unaffected
At any place within a customs-enforcement area the several officers
of the customs may go on board of any vessel and examine the vessel and
any merchandise or person on board, and bring the same into port, and,
subject to regulations of the Secretary of the Treasury, it shall be
their duty to pursue and seize or arrest and otherwise enforce upon such
vessel, merchandise, or person, the provisions of law which are made
effective thereto in pursuance of subsection (a) of this section in the
same manner as such officers are or may be authorized or required to do
in like case at any place in the United States by virtue of any law
respecting the revenue: Provided, That nothing contained in this section
or in any other provision of law respecting the revenue shall be
construed to authorize or to require any officer of the United States to
enforce any law thereof upon the high seas upon a foreign vessel in
contravention of any treaty with a foreign government enabling or
permitting the authorities of the United States to board, examine,
search, seize, or otherwise to enforce upon such vessel upon the high
seas the laws of the United States except as such authorities are or may
otherwise be enabled or permitted under special arrangement with such
foreign government: Provided further, That none of the provisions of
this Act shall be construed to relieve the Secretary of Commerce of any
authority, responsibility, or jurisdiction now vested in or imposed on
that officer.
(Aug. 5, 1935, ch. 438, title I, Sec. 1, 49 Stat. 517.)
References in Text
This Act, referred to in text, means act Aug. 5, 1935, which enacted
this chapter and sections 1432a and 1601a of this title and amended
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587,
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46,
Appendix. For complete classification of this Act to the Code, see
Tables.
Delegation of Functions
For delegation to Secretary of the Treasury of authority vested in
President by this section, see Ex. Ord. No. 10289, Sec. 1(b), Sept. 17,
1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The
President.
