Page:United States Statutes at Large Volume 49 Part 1.djvu/563

 518 74TH CONGRESS. SESS. I. CH. 438 . AUGUST 5, 1935. this sub section with re spect to water s within such a rea, no waters within such area shall constitute a part of such customs-enforcement area. The provisions of law applying to the high seas adjacent to customs waters of the United States shall be enforced in a customs- enforcement area upon any vessel, merchandise, or person found therein. Enforcement provi- (b) At any place within a customs-enforcement area the several sions. officers of the customs may go on board of any vessel and examine the vessel and any merchandise or person on board, and bring the same into port, and, subject to regulations of the Secretary of the Treasury, it shall be t heir duty to p ursue and seize or arrest and otherwise enforce upon such vessel, merchandise, or person, the pro- visions of law which are made effective thereto in pursuance of sub- section .(a) in the same manner as such officers are or may be author- ized or required to do in like case at any place in the United States Provsos. by virtue of any law respecting the revenue : Provided, That nothing Treaty vessels. cotained in ths sectioor in ny other provision of aw respecting the revenue shall be construed to authorize or to require any officer of t he United State s to enforce an y law thereof upon the high s eas upon a foreign vessel in contravention of any treaty with a foreign government enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States except as such authorities are or may otherwise be enabled or permitted under special arrangement with such foreign government : Provided tary ofco ` me fr~Score furth er, That none of the provisions of this Act shall be construed to relieve the Secretary of Commerce of any authority, responsi- bility, or jurisdiction now vested in or imposed on that officer. Owner of united SEC. 2. (a) Any person owning in whole or in part any vessel of fora ei ig gnsmug gl iin nga tw g the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempt- ing to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in viaaforoieolating pro - force, if under the laws of su ch foreign gove rnment any pen alty or toms toms revenue laws of forfeiture is prov id ed for violation of the laws of the United States united states. respecting the customs revenue, and any citizen of, or person domi- ciled in, or any corporation incorporated in, the United States, con- trolling or sub stantially part icipating in th e control of a ny such vessel, directl y or indirectly, whether throu gh ownership o f cor- porate shares or otherwise, and allowing the employment of said Punishment for. vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be liable to a fine of not more than $5,000 or to imprisonment for not more than two years, or to both such fine and imprisonment. Vessels chartered (b) It shall constitute an offense under this section to hire out or with knowledge of lessee's intent to vio- charter a vessel if the lessor or charterer has knowledge that, or if late provisions . such vessel is leased or c hartered under circumstances w hich would give rise t o a rea sonabl e beli ef tha t, the lessee or pe rson c harter ing the vessel intends to employ such vessel for any of the purposes described in subsection (a ) and if such v essel is, durin g the time such lease or charter is in effect, employed for any such purpose . Seizure and forfeiture SEC. 3 . (a) Whenever any vessel which shall have been built, pur- Un vesse l ta and ves cargo - Unite d chased, fitted out in whole or in part, or held, in the United States or elsewhere, for the purpose of being employed to defraud the rev- enue or to smuggle any merchandise into the United States, or to smuggle any merchandise into the territory of any foreign govern- ment in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for viola-