[Code of Federal Regulations]
[Title 19, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR123.2]

[Page 594]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 123.2  Penalty for failure to report arrival or for proceeding without a permit.

    (a) Persons. Any person arriving otherwise than by conveyance who 
enters the U.S. at other than a designated port of entry, or Customs 
station if authorization exists for entry at that station, who fails to 
report arrival as required in Sec. 123.1(a) of this part, or who departs 
from the port of entry or Customs station without authorization by the 
appropriate Customs officer, whether or not intentionally, shall be 
subject to such civil and criminal penalties as are prescribed under 19 
U.S.C. 1459 and provided for in Sec. 123.1 of this part.
    (b) Vessels. The penalty provisions applicable to vessels for 
failure to report arrival or for proceeding without a permit are those 
as provided in Sec. 4.3a.
    (c) Vehicles. (1) Civil penalties. The person in charge of any 
vehicle who--
    (i) Enters the vehicle into the U.S. at other than a designated port 
of entry, or Customs station if authorization exists for entry at that 
station;
    (ii) Fails to report arrival and present the vehicle and all persons 
and merchandise (including baggage) on board for inspection as required 
in Sec. 123.1(b) of this part;
    (iii) Fails to file a manifest or any other document required to be 
filed in connection with arrival in the U.S. under this part; or
    (iv) Without authorization by the appropriate Customs officer, 
removes such vehicle from the port of entry or Customs station or 
discharges any passenger or merchandise (including baggage) shall be 
subject to such civil penalties as are prescribed in section 436, Tariff 
Act of 1930, as amended (19 U.S.C. 1436), and any conveyance used in 
connection with any such violation shall be subject to seizure and 
forfeiture. The person also may be subject to an additional civil 
penalty equal to the value of the merchandise on the conveyance which 
was not entered or reported as required by Sec. 123.1(b) of this part, 
and that merchandise may be subject to seizure and forfeiture unless 
properly entered by the importer or consignee. If the merchandise 
consists of any controlled substances, additional penalties may be 
assessed, as prescribed in section 584, Tariff Act of 1930, as amended 
(19 U.S.C. 1584).
    (2) Criminal penalties. Upon conviction, any person in charge of a 
vehicle who intentionally commits any of the violations described in 
paragraph (c)(1) of this section shall, in addition to the penalties 
described therein, be subject to such additional criminal penalties as 
are prescribed in section 436, Tariff Act of 1930, as amended (19 U.S.C. 
1436). If the vehicle has or is discovered to have had on board any 
merchandise (other than sea stores or the equivalent for conveyances 
other than vessels) the importation of which into the U.S. is 
prohibited, the person in charge of the vehicle is subject to such 
additional criminal penalties as are prescribed in section 436, Tariff 
Act of 1930, as amended (19 U.S.C. 1436).

[T.D. 93-96, 58 FR 67318, Dec. 21, 1993]