Source
(June 25, 1948, ch. 645, 62 Stat. 715; June 30, 1955, ch. 258, § 2(c), 69 Stat. 242; Pub. L. 103–322, title XXXIII, §§ 330004(18),
330016
(1)(K), Sept. 13, 1994, 108 Stat. 2142, 2147; Pub. L. 104–294, title VI, § 604(b)(23), Oct. 11, 1996, 110 Stat. 3508.)
Historical and Revision Notes
Based on section
1591 of title
19, U.S.C., 1940 ed., Customs Duties (June 17, 1930, ch. 497, title IV, § 591,
46 Stat. 750; Aug. 5, 1935, ch. 438, title III, § 304(a),
49 Stat. 527).
The reference in the first paragraph to persons aiding, contained in the phrase “or aids,” was omitted as unnecessary as such persons are made principals by section
2 of this title.
Words “upon conviction” before “be fined” were omitted as surplusage since punishment cannot be imposed until conviction is secured.
Enumeration of persons at beginning of section and provision preserving forfeitures where authorized by law were omitted as surplusage.
The fourth paragraph was added to the revised section to make clear the intent of Congress that forfeiture is an additional consequence independent of the criminal punishment.
The final paragraph was added to conform with section
1709 of title
19, U.S.C., 1940 ed.
Changes in phraseology were also made.
Amendments
1996—
Pub. L. 104–294 amended
Pub. L. 103–322, § 330004(18). See 1994 Amendment note below.
1994—
Pub. L. 103–322, § 330016(1)(K), substituted “fined under this title” for “fined not more than $5,000” in third par.
Pub. L. 103–322, § 330004(18), as amended by
Pub. L. 104–294, § 604(b)(23), struck out “Philippine Islands,” before “Virgin Islands” in last par.
1955—Act June 30, 1955, inserted reference to Johnston Island in last par.
Effective Date of 1996 Amendment
Amendment by
Pub. L. 104–294 effective Sept. 13, 1994, see section 604(d) of
Pub. 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.