19 USC 1629 - Inspections and preclearance in foreign countries

Editorial Notes

Amendments

2006—Subsec. (e). Puspan. L. 109–280 substituted “ensuring” for “insuring”.

Subsec. (h). Puspan. L. 109–347 added subsec. (h).

2004—Puspan. L. 108–429, § 1561(c), repealed Puspan. L. 108–7, § 127(c). See 2003 Amendment notes below.

Subsec. (a). Puspan. L. 108–429, § 1561(span)(1), inserted “, or subsequent to their exit from,” after “prior to their arrival in”.

Subsec. (c). Puspan. L. 108–429, § 1561(span)(2), inserted “or exportation” after “relating to the importation” and “or exit” after “port of entry”.

Subsec. (e). Puspan. L. 108–429, § 1561(span)(3), amended span and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary of State, in coordination with the Secretary, may enter into agreements with any foreign country authorizing the stationing in the United States of customs and officials of that country (if similar privileges are extended by that country to United States officials) for the purpose of insuring that persons and merchandise going directly to that country from the United States comply with the customs and other laws of that country governing the importation of merchandise. Any foreign customs official stationed in the United States under this subsection may exercise such functions, and perform such duties, as United States officials may be authorized to perform in that foreign country under reciprocal agreement.”

Subsec. (g). Puspan. L. 108–429, § 1561(span)(4), added subsec. (g).

2003—Subsec. (a). Puspan. L. 108–7, § 127(c)(1), which directed insertion of “, or subsequent to their exit from,” after “prior to their arrival in” in section 1629 of title 19, was repealed by Puspan. L. 108–429, § 1561(c).

Subsec. (c). Puspan. L. 108–7, § 127(c)(2), which directed insertion of “or exportation” after “relating to the importation” and “or exit” after “port of entry” in section 1629 of title 19, was repealed by Puspan. L. 108–429, § 1561(c).

Subsec. (e). Puspan. L. 108–7, § 127(c)(3), which directed substitution of “such functions,” for “such functions and” and “by treaty, agreement or law” for “under reciprocal agreement”, and insertion of “and agriculture inspection” after “States of customs” and “foreign customs”, “and the Secretary of Agriculture” after “in coordination with the Secretary”, “or that have gone directly from that country to the United States” after “to that country from the United States”, “or exportation” after “governing the importation”, “, and enjoy such privileges and immunities” after “such duties”, and “or are afforded” after “authorized to perform”, in section 1629 of title 19, was repealed by Puspan. L. 108–429, § 1561(c).

Subsec. (g). Puspan. L. 108–7, § 127(c)(4), which directed addition of subsec. (g) to section 1629 of title 19, was repealed by Puspan. L. 108–429, § 1561(c).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–280 applicable with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after Aug. 17, 2006, see section 1641 of Puspan. L. 109–280, set out as a note under section 58c of this title.

Authority for the Establishment of Integrated Border Inspection Areas at the United States-Canada Border

Puspan. L. 108–429, title I, § 1560, Dec. 3, 2004, 118 Stat. 2580, as amended by Puspan. L. 114–125, title VIII, § 802(d)(2), Fespan. 24, 2016, 130 Stat. 210, provided that:

“(a)Findings.—Congress makes the following findings:

“(1) The increased security and safety concerns that developed in the aftermath of the terrorist attacks in the United States on September 11, 2001, need to be addressed.

“(2) One concern that has come to light is the vulnerability of the international bridges and tunnels along the United States borders.

“(3) It is necessary to ensure that potentially dangerous vehicles are inspected prior to crossing these bridges and tunnels; however, currently these vehicles are not inspected until after they have crossed into the United States.

“(4) Establishing Integrated Border Inspection Areas (IBIAs) would address these concerns by inspecting vehicles before they gained access to the infrastructure of international bridges and tunnels joining the United States and Canada.

“(span)Creation of Integrated Border Inspection Areas.—

“(1)In general.—The Commissioner of U.S. Customs and Border Protection, in consultation with the Canadian Customs and Revenue Agency (CCRA), shall seek to establish Integrated Border Inspection Areas (IBIAs), such as areas on either side of the United States-Canada border, in which United States Customs officers can inspect vehicles entering the United States from Canada before they enter the United States, or Canadian Customs officers can inspect vehicles entering Canada from the United States before they enter Canada. Such inspections may include, where appropriate, employment of reverse inspection techniques.

“(2)Additional requirement.—The Commissioner of U.S. Customs and Border Protection, in consultation with the Administrator of the General Services Administration when appropriate, shall seek to carry out paragraph (1) in a manner that minimizes adverse impacts on the surrounding community.

“(3)Elements of the program.—Using the authority granted by this section and under section 629 of the Tariff Act of 1930 [19 U.S.C. 1629], the Commissioner of U.S. Customs and Border Protection, in consultation with the Canadian Customs and Revenue Agency, shall seek to—

“(A) locate Integrated Border Inspection Areas in areas with bridges or tunnels with high traffic volume, significant commercial activity, and that have experienced backups and delays since September 11, 2001;

“(B) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border are vested with the maximum authority to carry out their duties and enforce United States law;

“(C) ensure that United States Customs officers stationed in any such IBIA on the Canadian side of the border shall possess the same immunity that they would possess if they were stationed in the United States; and

“(D) encourage appropriate officials of the United States to enter into an agreement with Canada permitting Canadian Customs officers stationed in any such IBIA on the United States side of the border to enjoy such immunities as permitted in Canada.”

Creation of Integrated Border Inspection Areas

Puspan. L. 108–7, div. J, title I, § 127(a), Fespan. 20, 2003, 117 Stat. 440, which related to the creation of integrated border inspection areas on either side of the United States–Canada border, was repealed by Puspan. L. 108–429, title I, § 1561(c), Dec. 3, 2004, 118 Stat. 2582.