US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1459]

 
                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
      Part II--Report, Entry, and Unlading of Vessels and Vehicles
 
Sec. 1459. Reporting requirements for individuals


(a) Individuals arriving other than by conveyance

    Except as otherwise authorized by the Secretary, individuals 
arriving in the United States other than by vessel, vehicle, or aircraft 
shall--
        (1) enter the United States only at a border crossing point 
    designated by the Secretary; and
        (2) immediately--
            (A) report the arrival, and
            (B) 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

    Except as otherwise authorized by the Secretary, passengers and crew 
members aboard a conveyance the arrival in the United States of which 
was made or reported in accordance with section 1433 or 1644 of this 
title or section 1644a(b)(1) or (c)(1) of this title, or in accordance 
with applicable regulations, shall remain aboard the conveyance until 
authorized to depart the conveyance by the appropriate customs officer. 
Upon departing the conveyance, the passengers and crew members shall 
immediately report to the designated customs facility with all articles 
accompanying them.

(c) Individuals arriving by unreported conveyance

    Except as otherwise authorized by the Secretary, individuals aboard 
a conveyance the arrival in the United States of which was not made or 
reported in accordance with the laws or regulations referred to in 
subsection (b) of this section shall immediately notify a customs 
officer and report their arrival, together with appropriate information 
concerning the conveyance on or in which they arrived, and present their 
property for customs examination and inspection.

(d) Departure from designated customs facilities

    Except as otherwise authorized by the Secretary, any person required 
to report to a designated customs facility under subsection (a), (b), or 
(c) of this section may not depart that facility until authorized to do 
so by the appropriate customs officer.

(e) Unlawful acts

    It is unlawful--
        (1) to fail to comply with subsection (a), (b), or (c) of this 
    section;
        (2) to present any forged, altered, or false document or paper 
    to a customs officer under subsection (a), (b), or (c) of this 
    section without revealing the facts;
        (3) to violate subsection (d) of this section; or
        (4) to fail to comply with, or violate, any regulation 
    prescribed to carry out subsection (a), (b), (c), or (d) of this 
    section.

(f) Civil penalty

    Any individual who violates any provision of subsection (e) of this 
section is liable for a civil penalty of $5,000 for the first violation, 
and $10,000 for each subsequent violation.

(g) Criminal penalty

    In addition to being liable for a civil penalty under subsection (f) 
of this section, any individual who intentionally violates any provision 
of subsection (e) of this section is, upon conviction, liable for a fine 
of not more than $5,000, or imprisonment for not more than 1 year, or 
both.

(June 17, 1930, ch. 497, title IV, Sec. 459, 46 Stat. 717; June 25, 
1938, ch. 679, Sec. 10(a), 52 Stat. 1082; Pub. L. 99-570, title III, 
Sec. 3115(a), Oct. 27, 1986, 100 Stat. 3207-82.)

                          Codification

    In subsec. (b), ``section 1644a(b)(1) or (c)(1) of this title'' 
substituted for ``section 1109 of the Federal Aviation Act of 1958'' on 
authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994, 108 Stat. 1378, 
the first section of which enacted subtitles II, III, and V to X of 
Title 49, Transportation.


                            Prior Provisions

    Provisions similar to those in this section were contained in act 
Sept. 21, 1922, ch. 356, title IV, Sec. 459, 42 Stat. 956. That section 
was superseded by section 459 of act June 17, 1930, comprising this 
section, and repealed by section 651(a)(1) of the 1930 act.
    R.S. Sec. 3109, as amended by act Feb. 17, 1898, ch. 26, Sec. 4, 30 
Stat. 248, was omitted from the Code as superseded by this section. It 
read as follows: ``The master of any foreign vessel, laden or in 
ballast, arriving, whether by sea or otherwise, in the waters of the 
United States from any foreign territory adjacent to the northern, 
northeastern, or northwestern frontiers of the United States, shall 
report at the office of any collector or deputy collector of the 
customs, which shall be nearest to the point at which such vessel may 
enter such waters; and such vessel shall not transfer her cargo or 
passengers to another vessel or proceed farther inland, either to unlade 
or take in cargo, without a special permit from such collector or deputy 
collector, issued under and in accordance with such general or special 
regulations as the Secretary of the Treasury may, in his discretion, 
from time to time prescribe. This section shall also apply to trade with 
or through Alaska. For any violation of this section such vessel shall 
be seized and forfeited.''
    Provisions concerning the manner of importation, landing and 
unlading except in districts on the northern, northwestern and western 
boundaries, were contained in R.S. Sec. 3095, as amended by act April 
27, 1904, ch. 1625, Sec. 1, 33 Stat. 362.
    Additional provisions concerning importations on the northern and 
northwestern boundaries, reports, manifests, entries, etc., were 
contained in R.S. Secs. 3096 and 3097.
    Provisions for the delivery of a manifest by the master of vessels, 
except registered vessels, and the person in charge of boats, vehicles, 
etc., coming from any foreign territory adjacent to the United States, 
were contained in R.S. Sec. 3098.
    R.S. Sec. 3121, provided that the master of any vessel with cargo, 
passengers, or baggage from any foreign port, should obtain a permit and 
comply with existing laws before discharging or landing the same.
    R.S. Sec. 3128, made special provision for landing of merchandise 
imported by steamboat on Lake Champlain.
    All of the foregoing sections of the Revised Statutes (3095-3098, 
3109, 3121 and 3128) with the exception of R.S. Sec. 3109, were repealed 
by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42 Stat. 989.


                               Amendments

    1986--Pub. L. 99-570 amended section generally. Prior to amendment, 
section read as follows: ``The master of any vessel of less than five 
net tons carrying merchandise and the person in charge of any vehicle 
arriving in the United States from contiguous country, shall immediately 
report his arrival to the customs officer at the port of entry or 
customhouse which shall be nearest to the place at which such vessel or 
vehicle shall cross the boundary line or shall enter the territorial 
waters of the United States, and if such vessel or vehicle have on board 
any merchandise, shall produce to such customs officer a manifest as 
required by law, and no such vessel or vehicle shall proceed farther 
inland nor shall discharge or land any merchandise, passengers, or 
baggage without receiving a permit therefor from such customs officer. 
Any person importing or bringing merchandise into the United States from 
a contiguous country otherwise than in a vessel or vehicle shall 
immediately report his arrival to the customs officer at the port of 
entry or customhouse which shall be nearest to the place at which he 
shall cross the boundary line and shall present such merchandise to such 
customs officer for inspection.''
    1938--Act June 25, 1938, substituted provisions requiring any person 
importing merchandise from a contiguous country otherwise than in a 
vessel to report his arrival at the nearest customshouse and present 
such merchandise for inspection for provisions setting penalties of $100 
for for the failure of the master of any vessel to report its arrival in 
the United States, forfeiture of vessel and goods for unlading without a 
permit, and $500 for the unlading of any passenger without a permit.


                    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.