CHAPTER 803 —CONTRABAND
§80301. Definitions
In this chapter—
(1) "aircraft" means a contrivance used, or capable of being used, for transportation in the air.
(2) "vehicle" means a contrivance used, or capable of being used, for transportation on, below, or above land, but does not include aircraft.
(3) "vessel" means a contrivance used, or capable of being used, for transportation in water, but does not include aircraft.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80301(1) | 49 App.:787(c). | Aug. 9, 1939, ch. 618, §7(a)–(c), |
| 80301(2) | 49 App.:787(b). | |
| 80301(3) | 49 App.:787(a). |
In this section, the word "means" is substituted for "includes" as being more precise.
In clause (1), the word "contrivance" is substituted for "every description of craft or carriage or other contrivance" to eliminate unnecessary words.
In clause (2), the word "contrivance" is substituted for "every description of carriage or other contrivance" to eliminate unnecessary words.
In clause (3), the word "contrivance" is substituted for "every description of watercraft or other contrivance" to eliminate unnecessary words.
§80302. Prohibitions
(a)
(1) a narcotic drug (as defined in section 102 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (
(A) is possessed with intent to sell or offer for sale in violation of the laws and regulations of the United States;
(B) is acquired, possessed, sold, transferred, or offered for sale in violation of those laws;
(C) is acquired by theft, robbery, or burglary and transported—
(i) in the District of Columbia or a territory or possession of the United States; or
(ii) from a place in a State, the District of Columbia, or a territory or possession of the United States, to a place in another State, the District of Columbia, or a territory or possession; or
(D) does not bear tax-paid internal revenue stamps required by those laws or regulations;
(2) a firearm involved in a violation of
(3) a forged, altered, or counterfeit—
(A) coin or an obligation or other security of the United States Government (as defined in
(B) coin, obligation, or other security of the government of a foreign country;
(4) material or equipment used, or intended to be used, in making a coin, obligation, or other security referred to in clause (3) of this subsection;
(5) a cigarette involved in a violation of
(6)(A) a counterfeit label for a phonorecord, copy of a computer program or computer program documentation or packaging, or copy of a motion picture or other audiovisual work (as defined in
(B) a phonorecord or copy in violation of
(C) a fixation of a sound recording or music video of a live musical performance in violation of
(D) any good bearing a counterfeit mark (as defined in
(b)
(1) transport contraband in an aircraft, vehicle, or vessel;
(2) conceal or possess contraband on an aircraft, vehicle, or vessel; or
(3) use an aircraft, vehicle, or vessel to facilitate the transportation, concealment, receipt, possession, purchase, sale, exchange, or giving away of contraband.
(
In subsection (a)(1)(A) and (B), the words "dealing therewith" are omitted as surplus.
In subsection (a)(1)(A), the words "has been or" are omitted as surplus.
In subsection (a)(1)(C), before subclause (i), the word "transported" is substituted for "carried or transported" to eliminate unnecessary words. In subclause (ii), the words "the Canal Zone" are omitted because of the Panama Canal Treaty of 1977. The words "a place in" are added for consistency in the revised title.
In subsection (a)(2), the words "involved in a violation" are substituted for "with respect to which there has been committed any violation" to eliminate unnecessary words. The text of 49 App.:787(e) is omitted as unnecessary because of the restatement. The National Firearms Act referred to in the source provisions has been repealed and replaced by
In subsection (a)(3), before subclause (A), the words "falsely made" are omitted as being included in "counterfeit". In subclause (B), the words "coin, obligation, or other security" are added for clarity.
In subsection (a)(4), the words "equipment used" are substituted for "apparatus, or paraphernalia fitted . . . which shall have been used" to eliminate unnecessary words. The words "coin, obligation, or other security referred to in clause (3) of this subsection" are substituted for "such falsely made, forged, altered, or counterfeit coin or obligation or other security" because of the restatement.
In subsection (a)(5), the text of 49 App.:787(g) is omitted as unnecessary because the term "cigarettes" does not appear in 49 App.: ch. 11 and because the definition of "contraband cigarettes" referred to is part of 18:ch. 114.
In subsection (b), before clause (1), the words "A person may not" are substituted for "It shall be unlawful" for consistency in the revised title. In clause (1), the word "transport" is substituted for "transport, carry, or convey" because it is inclusive. In clause (2), the words "or upon the person of anyone in or upon any vessel, vehicle, or aircraft" are omitted as unnecessary. In clause (3), the word "transportation" is substituted for "transportation, carriage, conveyance" for consistency in this section. The word "barter" is omitted as being included in "exchange".
Editorial Notes
Amendments
1996—Subsec. (a)(6).
§80303. Seizure and forfeiture
The Secretary of the Treasury or the Governor of Guam or of the Northern Mariana Islands as provided in
(1) the owner, conductor, driver, pilot, or other individual in charge of the aircraft or vehicle (except a rail car or engine) consents to, or knows of, the alleged violation when the violation occurs;
(2) the owner of the rail car or engine consents to, or knows of, the alleged violation when the violation occurs; or
(3) the master or owner of the vessel consents to, or knows of, the alleged violation when the violation occurs.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80303 | 49 App.:782. | Aug. 9, 1939, ch. 618, §2, |
| 49 App.:783 (last sentence). | Aug. 9, 1939, ch. 318, §3 (last sentence), |
In this section, before clause (1), the words "The Secretary of the Treasury . . . shall seize" are substituted for "shall be seized" in 49 App.:782 and "It shall be the duty of any officer, agent, or other person so authorized or designated . . . whenever he shall discover any vessel, vehicle, or aircraft" in 49 App.:783 (last sentence) to eliminate unnecessary words and for consistency in the revised title. The words "the Governor of Guam or of the Northern Mariana Islands as provided in
Editorial Notes
References in Text
The criminal laws of the United States, referred to in text, are classified generally to Title 18, Crimes and Criminal Procedure.
Amendments
2002—
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
§80304. Administrative
(a)
(1) may designate officers, employees, agents, or other persons to carry out this chapter; and
(2) shall prescribe regulations to carry out this chapter.
(b)
(1) or officers of the government of Guam designated by the Governor shall carry out this chapter in Guam;
(2) may carry out laws referred to in
(3) may prescribe regulations to carry out this chapter in Guam.
(c)
(1) or officers of the government of the Northern Mariana Islands designated by the Governor shall carry out this chapter in the Northern Mariana Islands;
(2) may carry out laws referred to in
(3) may prescribe regulations to carry out this chapter in the Northern Mariana Islands.
(d)
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80304(a) | 49 App.:783 (1st sentence). | Aug. 9, 1939, ch. 618, §§3 (1st sentence), 4 (proviso), 8, |
| 49 App.:788. | ||
| 80304(b) | 49 App.:789. | Aug. 3, 1939, ch. 618, |
| 80304(c) | (no source). | |
| 80304(d) | 49 App.:784 (proviso). |
In subsection (a)(1), the words "may designate" are substituted for "is empowered to authorize, or designate" in 49 App.:783 (1st sentence) to eliminate unnecessary words. The word "employees" is added for clarity and consistency in the revised title and with other titles of the United States Code.
In subsections (a)(2) and (b)(3), the word "regulations" is substituted for "such rules and regulations as may be necessary" in 49 App.:788 and 789 for consistency in the revised title and with other titles of the Code and because "rules" and "regulations" are synonymous.
In subsection (b)(1), the words "shall carry out this chapter in Guam" are substituted for "In Guam the enforcement and administration of this chapter shall be performed" for consistency in the revised title.
Subsection (c) is added because, under section 502(a)(2) of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as enacted by the Act of March 24, 1976 (
In subsection (d), the word "Secretary" is substituted for "by such officers, agents, or other persons as may be authorized or designated for that purpose by the Secretary of the Treasury" because of subsection (a)(1) of this section. The words "or the Governor of Guam or of the Northern Mariana Islands as provided in subsections (b) and (c) of this section" are added because under 49 App.:789 the Governor of Guam enforces 49 App.:ch. 11 in Guam and because of section 502(a)(2) of the Covenant referred to in the revision note for subsection (c) of this section. The words "the customs laws" are substituted for "That such duties as are imposed upon the collector of customs or any other person with respect to the seizure and forfeiture of vessels and vehicles under the customs laws" because of the restatement and to eliminate unnecessary words.
Editorial Notes
Amendments
2002—Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by
1 So in original. Probably should be followed by a comma.
§80305. Availability of certain appropriations
Appropriations for enforcing customs, narcotics, counterfeiting, or internal revenue laws are available to carry out this chapter.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80305 | 49 App.:785. | Aug. 9, 1939, ch. 618, §5, |
The words "which has been or shall hereafter be made" and "for the defraying of expenses of" are omitted as surplus. The National Firearms Act referred to in the source provision has been repealed and replaced by
§80306. Relationship to other laws
(a)
(1) imposing, or authorizing the compromise of, fines, penalties, or forfeitures; or
(2) providing for seizure, condemnation, or disposition of forfeited property, or the proceeds from the property.
(b)
(1) provisions of law related to the seizure, forfeiture, and condemnation of vehicles and vessels violating the customs laws.
(2) provisions of law related to the disposition of those vehicles or vessels or the proceeds from the sale of those vehicles or vessels.
(3) provisions of law related to the compromise of those forfeitures or claims related to those forfeitures.
(4) provisions of law related to the award of compensation to an informer about those forfeitures.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 80306(a) | 49 App.:786. | Aug. 9, 1939, ch. 618, §§4 (less proviso), 6, |
| 80306(b) | 49 App.:784 (less proviso). |
In subsections (a)(1) and (b)(3), the word "compromise" is substituted for "remission or mitigation" for consistency in the revised title.
In subsection (a), before clause (1), the words "in addition to another law" are substituted for "shall be construed to be supplemental to, and not to impair in any way, existing provisions of law" to eliminate unnecessary words.
In subsection (b), before clause (1), the words "under this chapter" are substituted for "incurred, or alleged to have been incurred, under the provisions of this chapter" to eliminate unnecessary words. In clause (1), the word "forfeiture" is substituted for "summary and judicial forfeiture" to eliminate unnecessary words.