§ 966. Departure of vessel forbidden for false statements

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(a)Whenever it appears that the vessel is not entitled to clearance or whenever there is reasonable cause to believe that the additional statements under oath required in section 965 of this title are false, the collector of customs for the district in which the vessel is located may, subject to review by the head of the department or agency charged with the administration of laws relating to clearance of vessels, refuse clearance to any vessel, domestic or foreign, and by formal notice served upon the owners, master, or person or persons in command or charge of any domestic vessel for which clearance is not required by law, forbid the departure of the vessel from the port or from the United States. It shall thereupon be unlawful for the vessel to depart.

(b)In addition, such vessel, her tackle, apparel, furniture, equipment, and her cargo shall be forfeited to the United States.

(June 25, 1948, ch. 645, 62 Stat. 747; Pub. L. 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.)

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 35, 36 (June 15, 1917, ch. 30, title V, §§ 5, 6, 40 Stat. 222; Mar. 28, 1940, ch. 72, § 5, 54 Stat. 79).

Section consolidates said sections of title 18, U.S.C., 1940 ed.

Mandatory punishment provision was rephrased in the alternative.

The phrase “by the head of the department or agency charged with the administration of laws relating to clearance of vessels,” was substituted for “by the Secretary of Commerce” in view of Executive Order No. 9083 (F.R. 1609) transferring functions to the Commissioner of Customs.

The conspiracy provision of said section 36 was omitted as covered by section 371 of this title. See reviser’s note under that section.

Minor changes of phraseology were made.

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U.S. Code

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June 25, 1948, ch. 645
62 Stat. 747
Pub. L. 103–322, title XXXIII, § 330016(1)(L)
108 Stat. 2147
June 15, 1917, ch. 30
40 Stat. 222
Mar. 28, 1940, ch. 72, § 5
54 Stat. 79
Pub. L. 103–322
79 Stat. 1317
64 Stat. 1280

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§ 966

Departure of vessel forbidden for false statements

U.S.C.§ 965

U.S.C.§ 371

ActJune 25, 1948, ch. 645

Stat.62 Stat. 747

Pub. L.Pub. L. 103–322, title XXXIII, § 330016(1)(L)

Stat.108 Stat. 2147

ActJune 15, 1917, ch. 30

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