2012 US Code
Title 50 - War and National Defense
Chapter 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES (§§ 191 - 198)
Section 192 - Seizure and forfeiture of vessel; fine and imprisonment
Publication Title | United States Code, 2012 Edition, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 12 - VESSELS IN TERRITORIAL WATERS OF UNITED STATES Sec. 192 - Seizure and forfeiture of vessel; fine and imprisonment |
Contains | section 192 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | June 15, 1917, ch. 30, title II, §2, 40 Stat. 220; Mar. 28, 1940, ch. 72, §3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, §3, 55 Stat. 763; Aug. 9, 1950, ch. 656, §3, 64 Stat. 428; Pub. L. 107-295, title I, §104(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108-293, title VIII, §802(b), Aug. 9, 2004, 118 Stat. 1079. |
Statutes at Large References | 40 Stat. 220 54 Stat. 79 55 Stat. 763 64 Stat. 428 116 Stat. 2085 118 Stat. 1079 120 Stat. 1709 |
Public Law References | Public Law 107-295, Public Law 108-293, Public Law 109-304 |
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If any owner, agent, master, officer, or person in charge, or any member of the crew of any such vessel fails to comply with any regulation or rule issued or order given under the provisions of this title,1 or obstructs or interferes with the exercise of any power conferred by this title,1 the vessel, together with her tackle, apparel, furniture, and equipment, shall be subject to seizure and forfeiture to the United States in the same manner as merchandise is forfeited for violation of the customs revenue laws; and the person guilty of such failure, obstruction, or interference shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.
(b) Application to othersIf any other person knowingly fails to comply with any regulation or rule issued or order given under the provisions of this title,1 or knowingly obstructs or interferes with the exercise of any power conferred by this title,1 he shall be punished by imprisonment for not more than ten years and may, at the discretion of the court, be fined not more than $10,000.
(c) Civil penaltyA person violating this title,1 or a regulation prescribed under this title,1 shall be liable to the United States Government for a civil penalty of not more than $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.
(d) In rem liabilityAny vessel that is used in violation of this title,1 or of any regulation issued under this title,1 shall be liable in rem for any civil penalty assessed pursuant to subsection (c) of this section and may be proceeded against in the United States district court for any district in which such vessel may be found.
(e) Withholding of clearance (1) In generalIf any owner, agent, master, officer, or person in charge of a vessel is liable for a penalty or fine under subsection (c) of this section, or if reasonable cause exists to believe that the owner, agent, master, officer, or person in charge may be subject to a penalty or fine under this section, the Secretary may, with respect to such vessel, refuse or revoke any clearance required by section 60105 of title 46.
(2) Clearance upon filing of bond or other suretyThe Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection.
(June 15, 1917, ch. 30, title II, §2, 40 Stat. 220; Mar. 28, 1940, ch. 72, §3(a), 54 Stat. 79; Nov. 15, 1941, ch. 471, §3, 55 Stat. 763; Aug. 9, 1950, ch. 656, §3, 64 Stat. 428; Pub. L. 107–295, title I, §104(b), Nov. 25, 2002, 116 Stat. 2085; Pub. L. 108–293, title VIII, §802(b), Aug. 9, 2004, 118 Stat. 1079.)
References in TextThis title, referred to in subsecs. (a) to (d), means title II of act June 15, 1917, ch. 30, 40 Stat. 220, as amended, which enacted sections 191 and 192 to 194 of this title. For complete classification of title II to the Code, see Tables.
CodificationIn subsec. (e)(1), “section 60105 of title 46” substituted for “section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91)” on authority of Pub. L. 109–304, §18(c), Oct. 6, 2006, 120 Stat. 1709, which Act enacted section 60105 of Title 46, Shipping.
Amendments2004—Subsec. (c). Pub. L. 108–293, §802(b)(1), substituted “title” for “Act” in two places.
Subsecs. (d), (e). Pub. L. 108–293, §802(b)(2), added subsecs. (d) and (e).
2002—Pub. L. 107–295 inserted subsec. headings, designated first par. as subsec. (a), redesignated former subsec. (a) as (b), and added subsec. (c).
1950—Subsec. (a). Act Aug. 9, 1950, added subsec. (a).
1941—Act Nov. 15, 1941, struck out “by the Secretary of the Treasury or the Governor of the Panama Canal” before “under the provisions of this title”.
1940—Act Mar. 28, 1940, increased term of imprisonment.
Termination Date of 1950 AmendmentFor termination of amendment by act Aug. 9, 1950, see section 4 of act Aug. 9, 1950, set out as a note under section 191 of this title.
1 See References in Text note below.
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