Page:United States Statutes at Large Volume 108 Part 2.djvu/521

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1237 (d) SEIZURE AND FORFEITURE.— (1) The Administrator of Drug Enforcement or the Commissioner of Customs may seize and forfeit under the customs laws an aircraft whose use is related to a violation of subsection (b) of this section, or to aid or facilitate a violation, regardless of whether a person is charged with the violation. (2) An aircraft's use is presumed to have been related to a violation of, or to aid or facilitate a violation of— (A) subsection (b)(1) of this section if the aircraft certificate of registration has been forged or altered; (B) subsection (b)(3) of this section if there is an external display of false or misleading registration numbers or country of registration; (C) subsection (b)(4) of this section if— (i) the aircraft is registered to a false or fictitious person; or (ii) the application form used to obtain the aircraft certificate of registration contains a material false statement; (D) subsection (b)(5) of this section if the aircraft was operated when it was not registered under section 44103 of this title; or (E) subsection (b)(9) of this section if the aircraft has a fuel tank or fuel system that was installed or altered— (i) in violation of a regulation or requirement of the Administrator of the Federal Aviation Administration; or (ii) if a certificate required to be issued for the installation or alteration is not carried on the aircraft. (3) The Administrator of the Federal Aviation Administration, the Administrator of Drug Enforcement, and the Commissioner shall agree to a memorandum of understanding to establish procedures to carry out this subsection. (e) RELATIONSHIP TO STATE LAWS. — This part does not prevent a State from establishing a criminal penalty, including providing for forfeiture and seizure of aircraft, for a person that— (1) knowingly and willfully forges or alters an aircraft certificate of registration; (2) knowingly sells, uses, attempts to use, or possesses with the intent to use, a fraudulent aircraft certificate of registration; (3) knowingly and willfully displays or causes to be displayed on an aircraft a mark that is false or misleading about the nationality or registration of the aircraft; or (4) obtains an aircraft certificate of registration from the Administrator of the Federal Aviation Administration by— (A) knowingly and willfully falsifying or concealing a material fact; (B) making a false, fictitious, or fraudulent statement; or (C) making or using a false document knowing it contains a false, fictitious, or fraudulent statement or entry. § 46307. Violation of national defense airspace A person that knowingly or willfully violates section 40103(b)(3) of this title or a regulation prescribed or order issued under section 40103(b)(3) shall be fined under title 18, imprisoned for not more than one year, or both.

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