Page:United States Statutes at Large Volume 49 Part 1.djvu/566

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74TH CONGRESS . SESS . I. CH . 438. AUGUST 5, 1935 .

521 dente, shall, in addition to any other penalties provided by law, be liable to a fine of not more than $1,000 or to imprisonment for not more than two years, or to both such fine and imprisonment . TITLE II SEcTiox 201 . Section 401 of the Tariff Act of 1930 (U. S. C., aƒTnameAct Supp . VII, title 19, sec . 1401) is amended by adding at the end Vol. 46, p . 708; U.S . thereof the following new paragraphs : C De iinit ions . "(1) OFFICER OF THE CUSTOMS .-The terns `officer of the customs' to"Ofcer of means any off icer of the Custo ms Service or any commissioned, wa r- rant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service . "(rn) CUSTOMS WATE13s.-The term `customs waters' means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting th e authorities of the United States to board, examin e, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States . "(n) HOVER ING V E SS E L .-The t erm `hove ring vesse l' means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the U nited Stat es in viola tion of the laws resp ecting the reven ue . " For the purposes of sections 432, 433, 434, 448, 585, and 586 of this Act, any vessel which has visited any hovering vessel shall be deemed to arrive or have arrived, as the case may be, from a foreign port or place ." SEC. 202. Section 436 of the Tariff Act of 1930 (U. S. C., Supp. VII, title 19, sec . 1436) is amended by omitting the period at the end thereof and adding the following : " and, if the vessel have, or be discovered to have had, on board any merchandise (sea stores excepted), the im portation of whic h into the United States is pro- hibited, or any spirits, wines, or other alcoholic liquors, such mast er shall be subject to an additional fine of not more than $2,000 or to imprisonment for not more than one year, or to both such fine and impr ison men t . "Every master who presents a forged, altered, or false document or paper on makin g entry of a vess el as required by section 43 4 or 435 of this Act, knowing the same to be forged, altered, or false and without revealing the fact, shall, in addition to any forfeiture to which in consequence the vessel may be subject, be liable to a fine of not more than $5, 000 nor less than $50 or to imprisonment for not more than two years, or to both such fine and imprisonment." SEC. 203 (a ) Sec tion 581 of the Tariff Act of 19 30 (U. S. C., Supp. VII, title 19, sec . 1581) is amended to read as follows : "SEC. 581 . BOARDING VESSELS "(a) Any officer of the customs may at any time go on board of any vessel or vehicle at any place in the United States or within the customs waters or, as he may be authorized, within a customs- enforcement area established under the Anti-Smuggling Act, or at of 1930 , the c us. "Cust oms water s ." "Hovering vessel ." Vol.46,pp.710,714, 749 . Liability of master; additional penalties . Vol.46,p.711;U.S. C.,p . 881 . Ve ssel havin g on board prohibited mer- chandise. Master presenting false document . Enforcement provi- sions. Vol.46,p.747;U.S. C.,p.896. Boa rding vess els . Authority of customs officers .