Page:United States Statutes at Large Volume 102 Part 5.djvu/425

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4431

"(B) a fine of not more than $25,000 or imprisonment for a term of not more than 5 years, or both, if such violation was in connection with the act of transportation by aircraft of a controlled substance or of the aiding or facilitating of a controlled substance offense where such act is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law or is provided in connection with any act which is punishable by death or imprisonment for a term exceeding 1 year under a State or Federal law relating to a controlled substance (other than a law relating to simple possession of a controlled substance). Any term of imprisonment imposed under subparagraph (B) shall be in addition to, and shall not be served concurrently with, any other term of imprisonment imposed on such person. "(3) SEIZURE OF AIRCRAFT.—

"(A) BY DEA OR CUSTOMS.—An aircraft used in connection with, or in aiding or facilitating, a violation of paragraph (1) whether or not a person is charged in connection with such violation, may be seized and forfeited by the Drug Enforcement Administration of the Department of Justice or the United States Customs Service in accordance with the customs laws. "(B) PRESUMPTIONS.—For purposes of subparagraph (A), an aircraft shall be presumed to have been used in connection with, or to aid or facilitate a violation of— "(i) paragraph (1)(B) if the aircraft is registered to a fictitious or false person; "(ii) paragraph (1)(B) if the application form used to obtain the aircraft registration certificate contains a material false statement; "(iii) paragraph (1)(A) if the registration for the aircraft has been forged, counterfeited, altered, or falsely made; "(iv) paragraph (1)(C) if the aircraft has been operated while it is not registered under section 501; "(v) paragraph (1)(H) if there is an external display of false or misleading registration numbers or false or misleading country of registration; "(vi) paragraph (1)(G) if there is on the aircraft a fuel tank or fuel system which has not been installed or modified in accordance with all applicable rules, regulations, and requirements of the Administrator; and "(vii) paragraph (1)(G) if, in the case of an aircraft on which a fuel tank or fuel system has been installed or modified, a certificate required to be issued by the Administrator for such installation or modification is not carried aboard the aircraft. "(C)

MEMORANDUM OF UNDERSTANDING.—The

Federal

Aviation Administration, the Drug Enforcement Administration, and the United States Customs Service shall enter into a memorandum of understanding for the purpose of establishing procedures for carrying out the objectives of this paragraph. "(4) CONTROLLED SUBSTANCE DEFINED.—For purposes of this section, the term 'contr'olled substance' has the meaning that such term has under section 102 of the Controlled Substances Act (21 U.S.C. 802).".

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