Page:United States Statutes at Large Volume 100 Part 4.djvu/365

 PUBLIC LAW 99-570—OCT. 27, 1986

100 STAT. 3207-86

"(7) The presence of any compartment or equipment which is built or fitted out for smuggling. "(8) The failure of a vessel to stop when hailed by a customs officer or other government authority.". SEC. 3121. SEIZURES.

Section 594 of the Tariff Act of 1930 (19 U.S.C. 1594) is amended to read as follows: "SEC. 594. SEIZURE OF CONVEYANCES.

"(a) IN GENERAL.—Whenever—

"(1) any vessel, vehicle, or aircraft; or "(2) the owner or operator, or the master, pilot, conductor, driver, or other person in charge of a vessel, vehicle, or aircraft; is subject to a penalty for violation of the customs laws, the conveyance involved shall be held for the payment of such penalty and may be seized and forfeited and sold in accordance with the customs laws. The proceeds of sale, if any, in excess of the assessed penalty and expenses of seizing, maintaining, and selling the property shall be held for the account of any interested party. "(b) EXCEPTIONS.—No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to seizure and forfeiture under the customs laws for violations relating to merchandise contained— "(1) on the person; "(2) in baggage belonging to and accompanying a passenger being lawfully transported on such conveyance; or "(3) in the cargo of the conveyance if the cargo is listed on the manifest and marks, numbers, weights and quantities of the outer packages or containers agree with the manifest; unless the owner or operator, or the master, pilot, conductor, driver or other person in charge participated in, or had knowledge of, the violation, or was grossly negligent in preventing or discovering the violation. "(c) PROHIBITED MERCHANDISE ON CONVEYANCE.—If any merchan-

dise the importation of which is prohibited is found to be, or to have been— "(1) on board a conveyance used as a common carrier in the transaction of business as a common carrier in one or more packages or containers— "(A) that are not manifested (or not shown on bills of lading or airway bills); or "(B) whose marks, numbers, weight or quantities disagree with the manifest (or with the bills of lading or airway bills); or "(2) concealed in or on such a conveyance, but not in the cargo; the conveyance may be seized, and after investigation, forfeited unless it is established that neither the owner or operator, master, pilot, nor any other employee responsible for maintaining and insuring the accuracy of the cargo manifest knew, or by the exercise of the highest degree of care and diligence could have known, that such merchandise was on board. "(d) DEFINITIONS.—For purposes of this section— "(1) The term 'owner or operator' includes— "(A) a lessee or person operating a conveyance under a rental agreement or charter party; and

Maritime affairs. Aircraft and air carriers. Motor vehicles.

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