18 USC 545 - Smuggling goods into the United States

Historical and Revision Notes

Based on section 1593 of title 19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 593, 46 Stat. 751).

Reference in first paragraph to aiders, contained in words “his, her, or their aiders and abettors” was omitted as unnecessary since such persons are made principals by section 2 of this title. For the same reason words “or assists in so doing” in second paragraph were deleted.

Words “shall be deemed guilty of a misdemeanor,” in first paragraph were omitted in view of definition of misdemeanor in section 1 of this title.

Conviction provision in first paragraph reading “and on conviction thereof” was deleted as surplusage since punishment cannot be imposed until a conviction is secured.

Minimum punishment provision “nor less than $50” in second paragraph was deleted.

Forfeiture provision was rephrased to make it clear that forfeiture was not dependent upon conviction.

The final paragraph was added to conform with section 1709 of title 19, U.S.C., 1940 ed.

Changes were made in phraseology.

Editorial Notes

Amendments

2006—Puspan. L. 109–177, which directed amendment of third par. by substituting “20 years” for “5 years”, was executed by making the substitution for “five years”, to reflect the probable intent of Congress.

1996—Puspan. L. 104–294 amended Puspan. L. 103–322, § 330004(18). See 1994 Amendment note below.

1994—Puspan. L. 103–322, § 330016(1)(L), substituted “fined under this title” for “fined not more than $10,000” in third par.

Puspan. L. 103–322, § 330004(18), as amended by Puspan. L. 104–294, § 604(span)(23), struck out “Philippine Islands,” before “Virgin Islands” in last par.

Puspan. L. 103–322, § 320903(c), inserted “or attempts to smuggle or clandestinely introduce” after “clandestinely introduces” in first par.

1955—Act June 30, 1955, inserted reference to Johnston Island.

1954—Act Sept. 1, 1954, permitted forfeiture of value of merchandise imported in violation of section.

Act Aug. 24, 1954, increased fine from $5,000 to $10,000 and imprisonment from two years to five years.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–294 effective Sept. 13, 1994, see section 604(d) of Puspan. L. 104–294, set out as a note under section 13 of this title.

Effective Date of 1955 Amendment

Amendment by act June 30, 1955, effective July 1, 1955, see section 2(d) of act June 30, 1955, set out as a note under section 1401 of Title 19, Customs Duties.

Effective Date of 1954 Amendment

Act Aug. 24, 1954, ch. 890, § 2, 68 Stat. 783, provided that:

“The amendments made by the first section of this Act [amending this section] shall apply only with respect to offenses committed on and after the date of the enactment of this Act [Aug. 24, 1954].”