§1438. Unlawful return of foreign vessel's papers

It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000.

(June 17, 1930, ch. 497, title IV, §438, 46 Stat. 712 ; Pub. L. 91–271, title III, §301(b), June 2, 1970, 84 Stat. 287 ; Pub. L. 103–182, title VI, §654, Dec. 8, 1993, 107 Stat. 2210 .)

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, §438, 42 Stat. 952 . That section was superseded by section 438 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Amendments

1993-Pub. L. 103–182 substituted "section 1434" for "section 1435", inserted ", or regulations issued thereunder," before "until such master", and substituted "the Customs Service in the port in which such vessel has entered" for "the appropriate customs officer of the port where such vessel has been entered".

1970-Pub. L. 91–271 substituted reference to appropriate customs officers for reference to collector.

Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.