Title 19 Flashcards
authorizes BPAs to conduct extended border searches if the agents are RC of a border nexus and RC of no material change, and possess RS of criminal activity related to the border nexus
19 USC 482 Extended border search
a) immediately upon arrival at any port or place within the US or the Virgin Islands of:
i) any vessel from a foreign port or place;
ii) any foreign vessel from a domestic port;
iii) any vessel of the US carrying foreign merchandise for which entry has not been made; or
iv) any vessel which has visited a hovering vessel or received merchandise while outside the territorial sea;
b) the master of the vessel shall report the arrival at the nearest POE
19 USC 1433(a) Vessel arrival and reporting requirements
a) it is unlawful to fail to comply with 19 USC 1433
b) civil penalty - any person in charge of a vessel/vehicle/aircraft who commits any violation listed in section 1436(a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture (need PC)
c) criminal penalty - in addition, any person in charge of a vessel/vehicle/aircraft who intentionally commits a violation of section 1436(a) is liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has on board any prohibited merchandise, the person is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both
d) additional civil penalty - if any merchandise is brought into the US in or aboard a conveyance which was not properly reported or entered, the person in charge of the vessel/vehicle/aircraft is liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited. i) pursuant to 19 CFR 148.18, undeclared merchandise is treated as smuggled merchandise
a) vehicles may arrive in the US only at designated border crossing points (POE)
b) after reporting the arrival, the person in charge of the vehicle shall present the vehicle, and all persons and merchandise (including baggage) on board, for inspection by the customs officer at the customs facility designated for that crossing point
19 USC 1433(b) Vehicle arrival and reporting requirements
a) it is unlawful to fail to comply with 19 USC 1433
b) civil penalty - any person in charge of a vessel/vehicle/aircraft who commits any violation listed in section 1436(a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture (need PC)
c) criminal penalty - in addition, any person in charge of a vessel/vehicle/aircraft who intentionally commits a violation of section 1436(a) is liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has on board any prohibited merchandise, the person is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both
d) additional civil penalty - if any merchandise is brought into the US in or aboard a conveyance which was not properly reported or entered, the person in charge of the vessel/vehicle/aircraft is liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited. i) pursuant to 19 CFR 148.18, undeclared merchandise is treated as smuggled merchandise
a) the pilot of any aircraft arriving in the US or the Virgin Islands from any foreign airport or place shall comply with such advance notification, arrival reporting, and landing requirements as the secretary may by regulation prescribe
b) regulations require that the pilot of a noncommercial aircraft entering or leaving the US electronically notify CBP at least one hour before departing for, or from, the US. The notice must include all of the requires information such as full names and dates of birth, gender, citizenship, etc. for all passengers. In addition, the pilot must provide information about the aircraft and its contents. 19 CFR 122.22
19 USC 1433(c) Aircraft arrival and reporting requirements
a) it is unlawful to fail to comply with 19 USC 1433
b) civil penalty - any person in charge of a vessel/vehicle/aircraft who commits any violation listed in section 1436(a) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture (need PC)
c) criminal penalty - in addition, any person in charge of a vessel/vehicle/aircraft who intentionally commits a violation of section 1436(a) is liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has on board any prohibited merchandise, the person is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both
d) additional civil penalty - if any merchandise is brought into the US in or aboard a conveyance which was not properly reported or entered, the person in charge of the vessel/vehicle/aircraft is liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited. i) pursuant to 19 CFR 148.18, undeclared merchandise is treated as smuggled merchandise
a) reporting pedestrian arrival - individuals arriving in the US other than by conveyance shall enter the US only at a designated border crossing point and immediately report the arrival, and present themselves, and all articles accompanying them for inspection to the customs officer at the customs facility designated for that crossing point
b) individuals arriving by reported conveyance - i) individuals arriving in the US aboard a conveyance which was reported in accordance with laws or regulations shall remain aboard the conveyance until authorized to depart the conveyance by a customs officer ii) upon departing the conveyance, the individuals shall immediately report to the designated customs facility with all articles accompanying them
c) individuals arriving by unreported conveyance - individuals arriving in the US aboard a conveyance which was not reported in accordance with laws or regulations shall immediately notify a customs officer and report their arrival, and information concerning the conveyance in which they arrived, and present their property for customs examination and inspection
d) departure from designated customs facilities - any person required to report to a designated customs facility may not depart that facility until authorized to do so by a customs officer
19 USC 1459(a) - (d) Pedestrian/passenger arrival and reporting requirements
e) it is unlawful to fail to comply with 1459(a), (b), (c), or (d)
f) civil penalty - any individual who violates 1459(e) is liable for a civil penalty of up to $5,000 for the first violation, and $10,000 for each subsequent violation
g) criminal penalty - any individual who intentionally violates 1459(e) is liable for a fine of not more than $5,000, or imprisonment for not more than 1 year, or both
authorizes border searches at the FEB (inbound or outbound)
the agent must be RC of a border nexus and RC of no material change, and the search must take place at the first (inbound) or last (outbound) practical detention point
this statute also authorizes BPAs to stop board, and check the documents and the vessel identification numbers of vessels located in customs waters…
19 USC 1581 Vessel document check; FEB search
any hovering vessel or any vessel which fails, within customs waters or within customs-enforcement area, to display lights as required by law, or which has become subject to pursuit as section 1581, may at any time be boarded and examined by any officer, may examine master of vessel, and may bring vessel to most convenient port to examine cargo
if you establish evidence that the vessel is employed to defraud the revenue of the USA, then you may conduct a document check under section 1581, examine cargo under section 1587, and seize for forfeiture under section 1703
19 USC 1587 Examine cargo on vessel
