§ 1704. — Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1704]
TITLE 19--CUSTOMS DUTIES
CHAPTER 5--SMUGGLING
Sec. 1704. Refusal or revocation of registry, enrollment,
license or number on evidence that vessel engaging in smuggling;
appeal; immunity from liability
Subject to appeal to the Secretary of the Treasury and under such
regulations as he may prescribe, when the Secretary of Transportation is
shown upon evidence which he deems sufficient that such vessel is being,
or is intended to be, employed to smuggle, transport, or otherwise
assist in the unlawful introduction or importation into the United
States of any merchandise or person, or to smuggle any merchandise into
the territory of any foreign government in violation of the laws there
in force, if under the laws of such foreign government any penalty or
forfeiture is provided for violation of the laws of the United States
respecting the customs revenue, or whenever, from the design or fittings
of any vessel or the nature of any repairs made thereon, it is apparent
to the Secretary of Transportation that such vessel has been built or
adapted for the purpose of smuggling merchandise, the the \1\ Secretary
of Transportation shall revoke any endorsement on the vessel's
certificate of documentation or number (when the Secretary is the
authority issuing the number under chapter 123 of title 46) or refuse
the same if application be made therefor, as the case may be. The
Secretary of Transportation and all persons acting by or under his
direction shall be indemnified from any penalties or actions for damages
for carrying out the provisions of this section.
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\1\ So in original.
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(Aug. 5, 1935, ch. 438, title I, Sec. 4, 49 Stat. 519; 1946 Reorg. Plan
No. 3, Secs. 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097;
Pub. L. 103-182, title VI, Sec. 689(b), Dec. 8, 1993, 107 Stat. 2222.)
Amendments
1993--Pub. L. 103-182, Sec. 689(b)(4), substituted ``The Secretary
of Transportation and all persons'' for ``Such collector and all
persons''.
Pub. L. 103-182, Sec. 689(b)(3), which directed the substitution of
``the Secretary of Transportation shall revoke any endorsement on the
vessel's certificate of documentation or number (when the Secretary is
the authority issuing the number under chapter 123 of title 46)'' for
``said collector shall revoke the registry, enrollment, license, or
number of such vessel'', was executed by making the substitution in text
which read ``said vessel'' rather than ``such vessel'', to reflect the
probable intent of Congress.
Pub. L. 103-182, Sec. 689(b)(1), (2), substituted ``when the
Secretary of Transportation'' for ``whenever the collector of customs of
the district in which any vessel is, or is sought to be, registered,
enrolled, licensed, or numbered,'' and ``is apparent to the Secretary of
Transportation'' for ``is apparent to such collector''.
Transfer of Functions
Coast Guard transferred to Department of Transportation and
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2),
however, provided that notwithstanding such transfer of functions, Coast
Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard. See section
108 of Title 49, Transportation.
All offices of collector of customs, comptroller of customs,
surveyor of customs, and appraiser of merchandise in Bureau of Customs
of Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out as a note under section 1 of this title.
Functions of all officers of Department of the Treasury and
functions of all agencies and employees of such Department transferred,
with certain exceptions, to Secretary of the Treasury, with power vested
in him to authorize their performance or performance of any of his
functions, by any of those officers, agencies, and employees, by Reorg.
Plan No. 26, of 1950, Secs. 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Under the Plan, collectors of customs and
Commandant of Coast Guard were officers of Department of the Treasury,
but, in case of Coast Guard, and Commandant thereof, the Plan provided
that, notwithstanding transfer of functions, Coast Guard should continue
to operate as a part of Navy, subject to orders of Secretary of the
Navy, in time of war or when President directed, as provided in sections
1 and 3 of Title 14, Coast Guard.
``Secretary of the Treasury'' substituted in text for ``Secretary of
Commerce'' and functions under this section relating to the numbering of
vessels vested in Commandant of Coast Guard instead of collectors of
customs on authority of Reorg. Plan No. 3 of 1946, set out in the
Appendix to Title 5.
