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Shipping - 46 USC Appendix Section 319
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01/19/04 Sec. 319. Civil penalties for trading without required certificate
of documentation
Whenever a vessel, entitled to be documented and not so
documented, is employed in a trade for which certificates of
documentation are issued under the vessel documentation laws, other
than a trade covered by a registry, the vessel is liable to a civil
penalty of $500 for each port at which it arrives without the
proper certificate of documentation, and if it has on board any
merchandise of foreign growth or manufacture (sea stores excepted),
or any taxable domestic spirits, wines, or other alcoholic liquors,
on which the duties or taxes have not been paid or secured to be
paid, the vessel, together with its equipment and cargo, is liable
to seizure and forfeiture. Marks, labels, brands, or stamps,
indicative of foreign origin, upon or accompanying merchandise or
containers of merchandise found on board such vessel, shall be
prima facie evidence of the foreign origin of such merchandise.
AMENDMENTS
1980 - Pub. L. 96-594 substituted provisions relating to
violations and penalties for employment in a trade of a vessel
entitled to be documented but not so documented for provisions
relating to fines and penalties for trading without a license by a
vessel twenty tons or upward, and struck out provisions respecting
expiration of a license while a vessel is at sea.
1935 - Act Aug. 5, 1935, provided for forfeiture, to deem marks,
etc., prima facie evidence of foreign origin of merchandise, and to
substitute "said fine or forfeiture" for "said fine of $30" in last
sentence.
EFFECTIVE DATE OF 1980 AMENDMENT
Section 128 of Pub. L. 96-594 provided in part that the amendment
made by Pub. L. 96-594 is effective on first day of eighteenth
month following December 1980.
Last modified: April 20, 2006
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