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Summary of Laws Enforced by CBP--Crimes and Criminal Procedure

Summary of Laws Enforced by CBP--Crimes and Criminal Procedure

Write: Guenevere [2011-05-20]

CRIMES AND CRIMINAL PROCEDURE


18 U.S.C. §§ ** - Economic Espionage Act of 1996

CBP enforces the provisions of this Act. ** See Popular Name listing for section references.

18 U.S.C. § 7 - Anti-Terrorism and Effective Death Penalty Act

Part of this Act extended the territorial sea to twelve miles for purposes of Federal criminal jurisdiction only. The sea borders of the United States and Puerto Rico remain unaffected by this expansion.

18 U.S.C. § 38 – Fraud Involving Aircraft or Space Vehicle Parts in Interstate or Foreign Commerce

CBP aids in the enforcement of this statute, which prohibits the actual or attempted introduction, importation and exportation of aircraft, space vehicles, and parts thereof by certain fraudulent means.

18 U.S.C. §§ 42, 46-47 - Importation of Animals, Birds, Fish and Plants

CBP enforces the laws affecting the importation of mammals, birds, fish, amphibia and reptiles. 50 C.F.R. Parts 10, 13 and 16 (2005); 19 C.F.R. §§ 12.26 - 12.29 (2005).

18 U.S.C. § 48 – Depiction of Animal Cruelty

CBP enforces this provision, which prohibits the shipment in foreign commerce of any depiction of animal cruelty.

18 U.S.C. §§ 111-115 - Assaults on Federal Officers

CBP reports to U.S. attorneys any assaults or threats thereof on federal officers or members of their immediate family.

18 U.S.C. §§ 175-178 – Biological Weapons Anti-Terrorism Act of 1989

CBP aids in the enforcement of this act which prohibits, among other things, restricted persons (including certain aliens) from possessing, or from shipping or transferring in interstate or foreign commerce, certain biological agents and toxins (18 U.S.C. § 175b).

18 U.S.C. §§ 205-225 - Bribery Detection

CBP attempts to detect violations of law pertaining to bribery of CBP officers.

18 U.S.C. §§ 229-229F – Chemical Weapons

CBP aids in the enforcement of these statutes, which prohibit, among other things, the acquisition, possession and transfer of chemical weapons and provide for limited extraterritorial jurisdiction.

18 U.S.C. § 286 - Conspiracy to Defraud

CBP enforces this criminal provision with regard to conspiracy to defraud CBP by any false, fictitious or fraudulent claim. (See also 18 U.S.C. § 371, general conspiracy statute)

18 U.S.C. § 287 - False, Fictitious or Fraudulent Claims

CBP enforces this provision pertaining to the presentation of any claim upon or against the United States knowing that the claim is false, fictitious or fraudulent.

18 U.S.C. §§ 471-510 - Importation of Counterfeit or Forged Obligations or Securities

CBP enforces the law prohibiting the importation of counterfeit obligations, securities, coins, currency, CBP forms, ships’ papers, and the plates or stones for counterfeiting the same. 19 C.F.R. § 12.48 (2005).

18 U.S.C. §§ 511-512 - Motor Vehicles

CBP enforces these provisions relating to altered or removed motor vehicle identification numbers.

18 U.S.C. § 541 - Entry of Goods Falsely Classified

CBP enforces this provision, which prescribes a penalty for falsely classifying goods upon entry as to weight, measure, quality or value.

18 U.S.C. § 542 - Entry by Means of False Statements

CBP enforces this law, which prescribes a penalty for the entry or introduction into the commerce of the United States any merchandise by means of false statements, documents or practices.

18 U.S.C. § 543 - Entry of Goods for Less than Legal Duty

CBP enforces this criminal sanction with prohibits any revenue officer from entering goods upon payment of less than legal duty.

18 U.S.C. § 544 - Relanding of Goods

CBP enforces this criminal law, which penalizes the party involved and allows for forfeiture of any goods entered or withdrawn for exportation without payment of duties thereon or with the intent to obtain a drawback of duties paid and later relanded in the United States without entry.

18 U.S.C. § 545 - Smuggling Goods into the United States

CBP enforces this sanction prohibiting the smuggling of merchandise into the United States or importing merchandise into the United States contrary to law. CBP also forfeits merchandise introduced in violation of this statute.

18 U.S.C. § 546 - Smuggling Goods into Foreign Countries

CBP enforces this prohibition against the smuggling of goods into foreign countries by U.S. vessels, citizens, etc., on the basis of reciprocity.

18 U.S.C. § 547 - Depositing Goods in Buildings on Boundaries

CBP enforces this criminal statute, which prohibits receiving or depositing any merchandise in any building upon the boundary line between the United States and any foreign country in violation of law.

18 U.S.C. § 548 - Removing or Repacking Goods in Warehouses

CBP enforces this statute, which makes criminal the concealment, removal or repacking of merchandise in any bonded warehouse or the fraudulent alteration of any marks thereon.

18 U.S.C. § 549 - Removing Goods from Customs Custody; Breaking Seals

CBP enforces this criminal statute, which prohibits the unauthorized attachment or removal of a CBP seal, the removal or attempted removal of bonded merchandise from CBP custody, and the receipt or transportation of any such merchandise unlawfully removed.

18 U.S.C. § 550 - False Claim for Refund Duties

CBP enforces this statute, which provides penalties for any false or fraudulent entry or claim for the payment of drawback, allowance, or refund of duties upon the exportation of merchandise.

18 U.S.C. § 551 - Concealing or Destroying Invoices or other Papers

CBP enforces this criminal provision, which prohibits the destruction or concealment of any papers related to the importation of merchandise into the United States.

18 U.S.C. § 552 - Officers Aiding Importation of Obscene or Treasonous Books and Articles

CBP enforces the prohibition on any officer of the United States aiding in the importation of obscene or treasonous books or articles.

18 U.S.C. § 553 - Stolen Motor Vehicles

CBP enforces this law pertaining to the importation or exportation of stolen motor vehicles, vessels, aircraft and other mobile equipment.

18 U.S.C. § 641 - Public Money, Property, or Records

CBP enforces this criminal statute, which prohibits theft, receipt, concealment or retention of any United States property stolen from CBP custody.

18 U.S.C. § 659 - Interstate or Foreign Shipments by Carrier

CBP aids in the enforcement of this statute, which prohibits the theft or embezzlement of goods from foreign shipment of carriers and the receipt or possession of stolen or embezzled goods.

18 U.S.C. § 758 – High Speed Flight from Immigration Checkpoint

CBP enforces this law, which prohibits fleeing or evading a checkpoint operated by any federal law enforcement agency (e.g., the Border Patrol) in excess of the legal speed limit.

18 U.S.C. §§ 831, 832, 836 - Dangerous Cargo Act

CBP enforces import restrictions on fireworks and nuclear materials. 49 C.F.R. Parts 171, 173, 179 and 195 (2005); 46 U.S.C. § 870.

18 U.S.C. §§ 841-848 - Importation of Explosive Materials

CBP aids in the enforcement of this criminal statute, which requires a license for the importation of explosives.

18 U.S.C. § 911 - Citizen of the United States

CBP enforces the law prohibiting persons from falsely and willfully representing themselves as citizens of the United States.

18 U.S.C. §§ 912-917 - False Personation

CBP enforces these laws relating to impersonating a Federal officer.

18 U.S.C. §§ 921-929 - Gun Control Act

CBP enforces restrictions on the importation of firearms and the possession of firearms by aliens. 27 C.F.R. Parts 47, 178, 179 (2005) and 19 C.F.R. §§ 145.53, 145.59 (2005).

18 U.S.C. § 930 – Possession of Firearms and Dangerous Weapons in Federal Facilities

CBP Officers can enforce this statute in POEs and other CBP facilities that are posted in accordance with subparagraph (h).

18 U.S.C. § 955 - Foreign Securities Act

CBP enforces laws designed to prevent importation of counterfeit coins, stamps and similar items.

18 U.S.C. §§ 960-967 - Exportation of Armed Vessels, Arms, Liquor and Narcotics

CBP enforces the provisions of law regulating a vessel’s departure and the prohibitions against exportation of armed vessels, arms, liquor and narcotics.

18 U.S.C. §§ 981-982, 984 - Money Laundering

CBP’ civil and criminal forfeiture authorities regarding money-laundering violations (see 18 U.S.C. § 1956), monetary instrument reporting violations (see 31 U.S.C. § 5316), and terrorist activity.

18 U.S.C. §§ 1001-1007, 1010-1032 - False and Fraudulent Statements

CBP enforces the provisions of law that relate to false or fraudulent statements made to defraud the United States, including those relating to identification documents (18 U.S.C. § 1028).

18 U.S.C. §§ 1073, 1074 - Flight to Avoid Prosecution

CBP may be involved in the apprehension of persons traveling in interstate or foreign commerce in order to avoid prosecution.

18 U.S.C. §§ 1081-1084 - Gambling Ship Act

CBP enforces this provision, which prohibits the transportation between ship and shore or passengers to or from a gambling ship not within the jurisdiction of any state.

18 U.S.C. §§ 1091-1093 - Genocide

CBP may be involved in apprehending persons who have committed the crime of genocide.

18 U.S.C. § 1263 - Marks and Labels on Packages of Liquor

CBP enforces these provisions, which provide for a fine or imprisonment for those who knowingly ship into the U.S. any unmarked or labeled package of liquor, and the seizure and forfeiture of any such liquor. See also 18 U.S.C. § 3615; 21 U.S.C. § 342(d); 27 U.S.C. §§ 201-219a; 19 C.F.R. §§ 12.37-12.38 (2005); 27 C.F.R. § 251, Parts 1, 4-7 (2005).

18 U.S.C. § 1301 - Importing or Transporting Lottery Tickets

CBP enforces this provision, which prohibits the importation or transportation in interstate or foreign commerce of any lottery ticket.

18 U.S.C. §§ 1341-1346 - Mail Fraud

CBP enforces these provisions relating to mail and wire fraud.

18 U.S.C. § 1423-1429 - Documents Relating to Citizenship or Naturalization

CBP may be involved in apprehending persons who use false or otherwise unlawful documents relating to citizenship or naturalization.

18 U.S.C. §§ 1462, 1465 - Importation or Transportation of Obscene Matters

CBP enforces these provisions, which prohibit the importation or transportation into the United States of any obscene material.

18 U.S.C. §§ 1542-1546 – Fraud, False Statements and Misuse Involving Passports, Visas, and Other Documents

CBP may be involved in the apprehension of persons who misuse passports, visas, and certain other documents related to international travel.

18 U.S.C. §§ 1582-1592 – Slavery and Peonage

CBP may be involved in apprehending those who engage in the slave trade, bring people out of the United States to serve as slaves, are implicated in sex trafficking of children by certain means, or are guilty of offenses relating to immigration documents or other government identification documents relevant to such violations.

18 U.S.C. § 1699 - Certification of Delivery from Vessel

CBP enforces this provision of law, which requires that no vessel shall break bulk or make entry until all letters on board are delivered to the nearest post office.

18 U.S.C. § 1715 - National Firearms Act

CBP makes sure that all imported explosive, munitions of war, firearms and ammunition are covered by an ATF permit.

18 U.S.C. §§ 1761-1762 - Transportation or Importation of Prison-Made Goods

CBP enforces these provisions, which prohibit knowingly transporting into the United States goods or merchandise made by prisoners from any foreign country. 19 C.F.R. § 12.45 (2005).

18 U.S.C. § 1912 - Acceptance of Fees

Acceptance of any fee or reward, relative to inspection of vessels is prohibited unless allowed by law.

18 U.S.C. § 1915 - Compromise of Customs Liabilities

CBP enforces this provision of law, which prohibits an officer of the U.S., without lawful authority, to compromise, or abate any claim of the U.S. arising under the customs laws.

18 U.S.C. §§ 1951, 1961-1968 - Anti-Racketeering Act

CBP aids in the enforcement of these criminal statutes pertaining to racketeering.

18 U.S.C. §§ 1956, 1957, 1960, 981-982, 984 - Money Laundering Control Act of 1986

CBP enforces these provisions directed at illegal financial transactions and international transportation of funds.

18 U.S.C. § 2117 - Breaking or Entering Carrier Facilities

CBP assists in enforcing this provision, which prohibits the breaking or entering of sealed or locked carrier facilities.

18 U.S.C. § 2119 - Motor Vehicles

CBP enforces this provision, which prohibits, while possessing a firearm, the taking of a motor vehicle from a person or their presence by force and violence or by intimidation that has been transported, shipped or received in interstate or foreign commerce.

18 U.S.C. § 2199 - Stowaways on Vessels or Aircraft

CBP enforces this statute, which prohibits individuals from obtaining transportation aboard an aircraft or vessel without the owner or master’s consent.

18 U.S.C. § 2231 - Assault or Resistance to Serving and Executing a Search Warrant

CBP enforces this provision of law, which provides for a monetary penalty and/or imprisonment for forcibly assaulting, resisting, opposing or preventing the service or execution of a search warrant.

18 U.S.C. § 2232 - Destruction or Removal of Property to Prevent Seizure

CBP enforces this provision of law, which prohibits the destruction or removal of property to prevent seizure.

18 U.S.C. § 2233 - Rescue of Seized Property

CBP enforces this provision of law, which prohibits the rescuing of property that has already been seized.

18 U.S.C. §§ 2251-2260 - Child Protection Act of 1984, as amended by the Child Protection Restoration and Penalties Enhancement Act of 1990, as amended by the Child Pornography Protection Act of 1996.

CBP enforces provisions forbidding the shipment of material relating to the sexual exploitation of minors.

18 U.S.C. §§ 2274, 2275, 2276 - Destruction of Vessels Within the Admiralty and Maritime Jurisdiction of the U.S.

CBP enforces these provisions of law, which prohibit the destruction, misuse, tampering, or breaking and entering of any vessel.

18 U.S.C. § 2277 - Explosives or Dangerous Weapons Aboard Vessels

CBP enforces this prohibition against the existence of explosives and dangerous weapons aboard vessels. See 46 U.S.C. § 170.

18 U.S.C. § 2279 - Boarding Vessels Before Arrival

CBP enforces this provision of law, which prohibits unauthorized persons from boarding vessels before they are actually moored, when they are about to arrive at their place of destination.

18 U.S.C. § 2311 note - Anticounterfeiting Consumer Protection Act of 1996

CBP enforces these provisions under 19 U.S.C. §§ 1431, 1484, and 1526

18 U.S.C. §§ 2312, 2313 - Transportation, Sale or Receipt of Stolen Vehicles

CBP enforces these provisions prohibiting the transportation, sale or receipt of stolen vehicles or aircraft.

18 U.S.C. §§ 2314, 2315 - Stolen Property

CBP aids in the enforcement of these provisions prohibiting the transportation of stolen articles in interstate or foreign commerce.

18 U.S.C. §§ 2316-2317 - Transport, Sale, or Receipt of Livestock

CBP enforces provisions regarding transportation of stolen livestock.

18 U.S.C. § 2318 - Trafficking in Counterfeit Labels

CBP aids in the enforcement of these provisions regarding counterfeit phonorecord labels, copies of motion pictures and other audiovisual works.

18 U.S.C. § 2319 - Criminal Infringement of a Copyright

CBP enforces provisions concerning copyright infringement.

18 U.S.C. § 2319A - Counterfeit Recordings

CBP enforces provisions concerning counterfeit “pirate” recordings and videos.

18 U.S.C. § 2320 - Trafficking in Counterfeit Goods or Services

CBP enforces this statute prohibiting trafficking of counterfeit goods or services.

18 U.S.C. § 2331-2339C - Terrorism

CBP enforces laws prohibiting terrorism by apprehending terrorists and those who aid them.

18 U.S.C. §§ 2421-2427 - Travel and Transportation to Engage in Sexual Activity with Minors

CBP enforces laws prohibiting the travel or transportation of persons for purposes of engaging in sexual activity with minors, including certain acts and the use of certain documents that facilitate such violations.