§ 1709. — Definitions
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1709]
TITLE 19--CUSTOMS DUTIES
CHAPTER 5--SMUGGLING
Sec. 1709. Definitions
When used in this Act:
(a) The term ``United States'', when used in a geographical sense,
includes all Territories and possessions of the United States, except
the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway
Islands, Kingman Reef, Johnston Island, and the island of Guam.
(b) The term ``officer of the customs'' means any officer of the
Customs Service or any commissioned, warrant, or petty officer of the
Coast Guard, or agent or other person authorized by law or by the
Secretary of the Treasury, or appointed in writing by a collector, to
perform the duties of an officer of the Customs Service.
(c) The term ``customs waters'' means, in the case of a foreign
vessel subject to a treaty or other arrangement between a foreign
government and the United States 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, the waters within such distance of the coast of the United
States as the said authorities are or may be so enabled or permitted by
such treaty or arrangement and, in the case of every other vessel, the
waters within four leagues of the coast of the United States.
(d) The term ``hovering vessel'' means any vessel which is found or
kept off the coast of the United States within or without the customs
waters, if, from the history, conduct, character, or location of the
vessel, it is reasonable to believe that such vessel is being used or
may be used to introduce or promote or facilitate the introduction or
attempted introduction of merchandise into the United States in
violation of the laws respecting the revenue.
(Aug. 5, 1935, ch. 438, title IV, Sec. 401, 49 Stat. 529; June 25, 1938,
ch. 679, Sec. 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R.
7517, 60 Stat. 1352; June 30, 1955, ch. 258, Sec. 2(b), 69 Stat. 242.)
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.
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Codification
Words ``the Philippine Islands'' in subsec. (a) were omitted on
authority of Proc. No. 2695, which is set out as a note under section
1394 of Title 22, Foreign Relations and Intercourse, and in which the
President proclaimed the independence of the Philippines.
Amendments
1955--Subsec. (a). Act June 30, 1955, inserted ``Johnston Island''.
1938--Subsec. (a). Act June 25, 1938, inserted ``Wake Island, Midway
Islands, Kingman Reef'' before ``and the island of Guam.''
Effective Date of 1955 Amendment
Amendment by act June 30, 1955, effective July 1, 1955, see note set
out under section 1401 of this title.
Effective Date of 1938 Amendment
Amendment by act June 25, 1938, effective on thirtieth day following
June 25, 1938, except as otherwise specifically provided, see section 37
of act June 25, 1938, set out as a note under section 1401 of this
title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
For transfer of authorities, functions, personnel, and assets of the
Coast Guard, including the authorities and functions of the Secretary of
Transportation relating thereto, to the Department of Homeland Security,
and for treatment of related references, see sections 468(b), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department of
Homeland Security Reorganization Plan of November 25, 2002, as modified,
set out as a note under section 542 of Title 6.
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.