[Code of Federal Regulations]

[Title 19, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR123.2]



[Page 651]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

              HOMELAND SECURITY; 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]