View all text of Part V [§ 1581 - § 1631]
§ 1629. Inspections and preclearance in foreign countries
(a) In general
(b) Functions and duties
(c) Compliance
(d) Seizures
(e) Stationing of foreign customs and agriculture inspection officers in the United States
(f) Application of certain laws
When customs officials of a foreign country are stationed in the United States in accordance with subsection (e), and if similar provisions are applied to United States officials stationed in that country—
(1) sections 111 and 1114 of title 18 shall apply as if the officials were designated in those sections; and
(2) any person who in any matter before a foreign customs official stationed in the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, is liable for a fine of not more than $10,000 or imprisonment for not more than 5 years, or both.
(g) Privileges and immunities
(h) Customs procedures and commitments
(1) In general
(2) United States Trade Representative
(A) In general
The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph (B) that make progress in achieving—
(i) harmonization of import and export data collected by WTO members for customs purposes, to the extent practicable;
(ii) enhanced procedural fairness and transparency with respect to the regulation of imports and exports by WTO members;
(iii) transparent standards for the efficient release of cargo by WTO members, to the extent practicable; and
(iv) the protection of confidential commercial data.
(B) Articles described
The articles of the GATT 1994 described in this subparagraph are the following:
(i) Article V (relating to transit).
(ii) Article VIII (relating to fees and formalities associated with importation and exportation).
(iii) Article X (relating to publication and administration of trade regulations).
(C) GATT 1994
(3) Customs
The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to—
(A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes;
(B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members;
(C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members;
(D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and
(E) ensure the protection of confidential commercial data.
(4) Definition
(June 17, 1930, ch. 497, title IV, § 629, as added Pub. L. 99–570, title III, § 3128, Oct. 27, 1986, 100 Stat. 3207–89; amended Pub. L. 108–7, div. J, title I, § 127(c), Feb. 20, 2003, 117 Stat. 441; Pub. L. 108–429, title I, § 1561(b), (c), Dec. 3, 2004, 118 Stat. 2581, 2582; Pub. L. 109–280, title XIV, § 1635(f)(1), Aug. 17, 2006, 120 Stat. 1171; Pub. L. 109–347, title IV, § 404, Oct. 13, 2006, 120 Stat. 1928.)