Page:United States Statutes at Large Volume 100 Part 4.djvu/364

 100 STAT. 3207-85

PUBLIC LAW 99-570—OCT. 27, 1986

"(c) CIVIL PENALTIES.—Any person who violates any provision of

this section is Hable for a civil penalty equal to twice the value of the merchandise involved in the violation, but not less than $10,000. The value of any controlled substance included in the merchandise shall Ante, p. 3207-83. be determined in accordance with section 497(b). "(d) CRIMINAL PENALTIES.—In addition to being liable for a civil penalty under subsection (c), any person who intentionally commits a violation of any provision of this section is, upon conviction— J: "(1) liable for a fine of not more than $10,00 or imprisonment •^.j for not more than 5 years, or both, if none of the merchandise • involved was a controlled substance; or "(2) liable for a fine of not more than $250,000 or imprisonment for not more than 20 years, or both, if any of the merchandise involved was a controlled substance. "(e) SEIZURE AND FORFEITURE.—

"(1) Except as provided in paragraph (2), a vessel or aircraft used in connection with, or in aiding or facilitating, any violation of this section, whether or not any person is charged in connection with such violation, may be seized and forfeited in accordance with the customs laws. "(2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. "(f) DEFINITION OF MERCHANDISE.—As used in this section, the term 'merchandise' means only merchandise the importation of which into the United States is prohibited or restricted. "(g) INTENT OF TRANSFER OF MERCHANDISE.—For purposes of

imposing civil penalties under this section, any of the following acts, when performed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of merchandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be introduced into the United States unlawfully, and for purposes of Post, p. 3207-87. subsection (e) or section 596, shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: "(1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. "(2) The presence on an aircraft of an auxiliary fuel tank which is not installed in accordance with applicable law. "(3) The failure to identify correctly— "(A) the vessel by name or country of registration, or "(B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. ty

"(4) The e x t e r n a l display of false registration n u m b e r s, false country of registration, or, in the case of a vessel, false vessel

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name. "(5) The presence on board of unmanifested merchandise, the importation of which is prohibited or restricted. "(6) The presence on board of controlled substances which are not manifested or which are not accompanied by the permits or licenses required under Single Convention on Narcotic Drugs or other international treaty. -.

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