REFERENCES IN TEXT In the original "this chapter" referred to title II of act June 17, 1917 which was set out as sections 191, 192, 193, and 194 of this title. Section 193 has been repealed and is now covered by section 2274 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 1950-Act Aug. 9, 1950, authorized the President to employ such departments, agencies, etc., as he deems necessary to carry out this chapter. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42, section 267. §195. "United States" defined. The term "United States" as used in this chapter includes the Canal Zone and all territory and waters, continental or insular, subject to the jurisdiction of the United States. (June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231.) REFERENCES IN TEXT In the original "this chapter" referred to title II of act June 17, 1917 which was set out as sections 191, 192, 193, and 194 of this title. Section 193 has been repealed and is now covered by section 2274 of Title 18, Crimes and Criminal Procedure. CODIFICATION Section was formerly section 40 of this title. In the original this section defined "United States" as used in act June 15, 1917. Other provisions of that act were contained in former sections 31-42 of this title and certain former sections of title 18. The definition of "United States" as used in present provisions derived from those former sections is now covered by sections 5 and 14 of Title 18, Crimes and Criminal Procedure. §196. Emergency foreign vessel acquisition; purchase or requisition of vessels lying idle in United States waters. During any period in which vessels may be requisitioned under section 1242 of Title 46, the President is authorized and empowered through the Secretary of Commerce to purchase, or to requisition, or for any part of such period to charter or requisition the use of, or to take over the title to or possession of, for such use or disposition as he shall direct, any merchant vessel not owned by citizens of the United States which is lying idle in waters within the jurisdiction of the United States, including the Canal Zone, and which the President finds to be necessary to the national defense. Just compensation shall be determined and made to the owner or owners of any such vessel in accordance with the applicable provisions of section 1242 of Title 46. Such compensation hereunder, or advances on account thereof, shall be deposited with the Treasurer of the United States in a separate deposit fund. Payments for such compensation and also for payment of any valid claim upon such vessel in accord with the provisions of the second paragraph of subsection (d) of section 1242 of Title 46, shall be made from such fund upon the certificate of the Secretary of Commerce. 1954, ch. 659, § 1, 68 Stat. 675.) (Aug. 9, SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 198 of this title. §197. Same; voluntary purchase or charter agreements. During any period in which vessels may be requisitioned under section 1242 of Title 46, the President is authorized through the Secretary of Commerce to acquire by voluntary agreement of purchase or charter the ownership or use of any merchant vessel not owned by citizens of the United States. (Aug. 9, 1954, ch. 659, § 2, 68 Stat. 675.) SECTION REFERRED TO IN OTHER SECTIONS § 198. Same; documentation of vessels; waiver of com- (b) The President may, notwithstanding any other provisions of law, by rules and regulations or orders, waive compliance with any provision of law relating to masters, officers, members of the crew, or crew accommodations on any vessel documented under authority of this section to such extent and upon such terms as he finds necessary because of the lack of physical facilities on such vessels, and because of the need to employ aliens for their operation. No vessel shall cease to enjoy the benefits and privileges of a vessel of the United States by reason of the employment of any person in accordance with the provisions of this subsection. (c) Any vessel while documented under the provisions of this section, when chartered under sections 196 to 198 of this title by the Secretary of Commerce to Government agencies or departments or to private operators, may engage in the coastwise trade under permits issued by the Secretary of Commerce, who is authorized to issue permits for such purpose pursuant to such rules and regulations as he may prescribe. The Secretary of Commerce is authorized to prescribe such rules and regulations as he may deem necessary or appropriate to carry out the purposes and provisions of this section. The second paragraph of section 808 of Title 46, shall not apply with respect to vessels chartered to Government agencies or departments or to private operators or otherwise used or disposed of under sections 196 to 198 of this title. Existing laws covering the inspection of steam vessels are made applicable to vessels documented under this section only to such extent and upon such conditions as may be required by regulations of the Secretary of the department in which the Coast Guard is operating: Provided, That in determining to what extent those laws should be made applicable, due consideration shall be given to the Sec. (d) The Secretary of Commerce without regard to the provisions of section 5 of Title 41 may repair, reconstruct, or recondition any vessels to be utilized under sections 196 to 198 of this title. The Secretary of Commerce and any other Government department or agency by which any vessel is acquired or chartered, or to which any vessel is transferred or made available under sections 196 to 198 of this title may, with the aid of any funds available and without regard to the provisions of said section 5 of Title 41, repair, reconstruct, or recondition any such vessels to meet the needs of the services intended, or provide facilities for such repair, reconstruction, or reconditioning. The Secretary of Commerce may operate or charter for operation any vessel to be utilized under sections 196 to 198 of this title to private operators, citizens of the United States, or to any department or agency of the United States Government, without regard to the provisions of sections 1191 to 1204 of Title 46, and any department or agency of the United States Government is authorized to enter into such charters. (e) In case of any voyage of a vessel documented under the provisions of this section begun before the date of termination of an effective period of section 196 of this title, but is completed after such date, the provisions of this section shall continue in effect with respect to such vessel until such voyage is completed. (f) When used in sections 196 to 198 of this title, the term "documented" means "registered", "enrolled and licensed", or "licensed". (Aug. 9, 1954, ch. 659, 3, 68 Stat. 675.) Institution of confiscation proceedings. 216. Preventing transportation of goods to aid insurrection. 217. Trading in captured or abandoned property. 219. Removal of customhouse and detention of vessels thereat. 220. Enforcement of section 219. 221. Closing ports of entry; forfeiture of vessels seeking to enter closed port. 222. 223. Vessels auxiliary to Coast Guard cutters to enforce provisions of chapter. Forfeiture of vessels owned by citizens of insurrec- 224. Refusing clearance to vessels with suspected cargoes: 225. 226. ance. Protection of liens on condemned vessels. SS 201 to 204. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section 201, R. S. § 5297, provided for Federal aid for State Governments in case of an insurrection in any State, and is now covered by section 331 of Title 10, Armed Forces. Section 202, R.S. § 5298, related to use of military and naval forces to enforce authority of Federal Government, and is now covered by section 332 of Title 10, Armed Forces. Section 203, R. S. § 5299, related to denial by State of equal protection of laws and authorized the President to take measures for the suppression of any insurrection, domestic violence, or combinations, and is now covered by section 333 of Title 10. Armed Forces. Section 204, R. S. § 5300, authorized the President to issue a proclamation commanding insurgents to disperse, and is now covered by section 334 of Title 10, Armed Forces. § 205. Suspension of commercial intercourse with State in insurrection. Whenever the President, in pursuance of the provisions of this chapter, has called forth the militia to suppress combinations against the laws of the United States, and to cause the laws to be duly executed, and the insurgents shall have failed to disperse by the time directed by the President, and when the insurgents claim to act under the authority of any State or States, and such claim is not disclaimed or repudiated by the persons exercising the functions of government in such State or States, or in the part or parts thereof in which such combination exists, and such insurrection is not suppressed by such State or States, or whenever the inhabitants of any State or part thereof are at any time found by the President to be in insurrection against the United States, the President may, by proclamation, declare that the inhabitants of such State, or of any section or part thereof where such insurrection exists, are in a state of insurrection against the United States; and thereupon all commercial intercourse by and between the same and the citizens thereof and the citizens of the rest of the United States shall cease and be unlawful so long as such condition of hostility shall continue; and all goods and chattels, wares and merchandise, coming from such State or section into the other parts of the United States, or proceeding from other parts of the United States to such State or section, by land or water, shall, together with the vessel or vehicle conveying the same, or conveying persons to or from such Staie or section, be forfeited to the United States. (R. S. § 5301.) DERIVATION Acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 31, 1861, CROSS REFERENCES Extension of this section to— Parts of States, see section 206 of this title. Persons in occupied territory and aliens, see section 207 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 206, 223 of this title. § 206. Suspension of commercial intercourse with part of State in insurrection. Whenever any part of a State not declared to be in insurrection is under the control of insurgents, or is in dangerous proximity to places under their control, all commercial intercourse therein and therewith shall be subject to the prohibitions and conditions of section 205 of this title for such time and to such extent as shall become necessary to protect the public interests, and be directed by the Secretary of the Treasury, with the approval of the President. (R. S. § 5302.) DERIVATION Act July 2, 1864, ch. 225, § 5, 13 Stat. 376. § 207. Persons affected by suspension of commercial intercourse. The provisions of this chapter in relation to commercial intercourse shall apply to all commercial intercourse by and between persons residing or being within districts within the lines of national military occupation in the States or parts of States declared in insurrection, whether with each other or with persons residing or being within districts declared in insurrection and not within those lines; and all persons within the United States, not native or naturalized citizens thereof, shall be subject to the same prohibitions, in all commercial intercourse with inhabitants of States or parts of States declared in insurrection, as citizens of States not declared to be in insurrection. (R. S. § 5303.) DERIVATION Act July 2, 1864, ch. 225, § 4, 13 Stat. 376. § 208. Licensing or permitting commercial intercourse with State or region in insurrection. The President may, in his discretion, license and permit commercial intercourse with any part of such State or section, the inhabitants of which are so declared in a state of insurrection, so far as may be necessary to authorize supplying the necessities of loyal persons residing in insurrectionary States, within the lines of actual occupation by the military forces of the United States, as indicated by published order of the commanding general of the department or district so occupied; and, also, so far as may be necessary to authorize persons residing within such lines to bring or send to market in the loyal States any products which they shall have produced with their own labor or the labor of freedmen, or others employed and paid by them, pursuant to rules relating thereto, which may be established under proper authority. And no goods, wares, or merchandise shall be taken into a State declared in insurrection, or transported therein, except to and from such places and to such monthly amounts as shall have been previously agreed upon, in writing, by the commanding general of the department in which such places are situated, and an officer designated by the Secretary of the Treasury for that purpose. Such commercial intercourse shall be in such articles and for such time and by such persons as the President, in his discretion, may think most conducive to the public interest; and, so far as by him licensed, shall be conducted and carried on only in pursuance of rules and regulations prescribed by the Secretary of the Treasury. (R. S. § 5304.) DERIVATION Acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; July 2, 1864, ch. 225, § 9, 13 Stat. 377. § 209. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632. Section R.S. § 5305, which had been derived from acts July 13, 1861, ch. 3, § 5, 12 Stat. 257; June 30, 1864, ch. 171, § 28, 13 Stat. 218, related to appointment of officers to carry into effect licenses to trade in State or region in an insurrection. § 210. Penalties for unauthorized trading, etc.; jurisdiction of prosecutions. Every officer of the United States, civil, military, or naval, and every sutler, soldier, marine, or other person, who takes, or causes to be taken into a State declared to be in insurrection, or to any other point to be thence taken into such State, or who transports or sells, or otherwise disposes of therein, any goods, wares, or merchandise whatsoever, except in pursuance of license and authority of the President, as provided in this chapter, or who makes any false statement or representation upon which license and authority is granted for such transportation, sale, or other disposition, or who, under any license or authority obtained, willfully and knowingly transports, sells, or otherwise disposes of any other goods, wares, or merchandise than such as are in good faith so licensed and authorized, or who willfully and knowingly transports, sells, or disposes of the same, or any portion thereof, in violation of the terms of such license or authority, or of any rule or regulation prescribed by the Secretary of the Treasury concerning the same, or who is guilty of any act of embezzlement, of willful misappropriation of public or private money or property, of keeping false accounts, or of willfully making any false returns, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military, competent to try the same. (R.. S. $5306.) DERIVATION Act July 2, 1864, ch. 225, § 10, 13 Stat. 377. CROSS REFERENCES Offenses punishable by imprisonment for term exceeding one year made felonies, see section 1 of Title 18, Crimes and Criminal Procedure. § 211. Investigations to detect and prevent frauds and abuses. It shall be the duty of the Secretary of the Treasury, from time to time, to institute such investigations as may be necessary to detect and prevent frauds and abuses in any trade or transactions which may be licensed between inhabitants of loyal States and of States in insurrection. And the agents making such investigations shall have power to compel the attendance of witnesses, and to make examinations on oath. (R. S. § 5307.) DERIVATION Act July 2, 1864, ch. 225, § 10, 13 Stat. 377. CROSS REFERENCES Authority of any employee of any Department detailed to investigate frauds on the Government, or any official misconduct, to administer oaths to witnesses, see section 303 of Title 5, Government Organization and Employees. § 212. Confiscation of property employed to aid insurrection. Whenever during any insurrection against the Government of the United States, after the President shall have declared by proclamation that the laws of the United States are opposed, and the execution thereof obstructed, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by law, any person, or his agent, attorney, or employe, purchases or acquires, sells or gives, any property of whatsoever kind or description, with intent to use or employ the same, or suffers the same to be used or employed in aiding, abetting, or promoting such insurrection or resistance to the laws, or any person engaged therein; or being the owner of any such property, knowingly uses or employs, or consents to such use or employment of the same, all such property shall be lawful subject of prize and capture wherever found; and it shall be the duty of the President to cause the same to be seized, confiscated, and condemned. (R. S. § 5308.) DERIVATION Act Aug. 6, 1861, ch. 60, § 1, 12 Stat. 319. § 213. Jurisdiction of confiscation proceedings. Such prizes and capture shall be condemned in the district court of the United States having jurisdiction of the amount, or in admiralty in any district in which the same may be seized, or into which they may be taken and proceedings first instituted. (R. S. § 5309; Feb. 27, 1877, ch. 69, § 1, 19 Stat. 253; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.) DERIVATION Act Aug. 6, 1861, ch. 60, § 2, 12 Stat. 319; act Feb. 27, 1877, ch. 69, 19 Stat. 253. AMENDMENTS 1911-Act Mar. 3, 1911, deleted reference to the circuit courts of the United States. 1877-Act Feb. 27, 1877, inserted "may" following "any district in which the same". § 214. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641. Section, R. S. § 5310, provided that property taken on inland waters of the United States was not a maritime prize, and is now covered by section 7651 (c) of Title 10. Armed Forces. § 215. Institution of confiscation proceedings. The Attorney General, or the United States attorney for any judicial district in which such property may at the time be, may institute the proceedings of condemnation, and in such case they shall be wholly for the benefit of the United States; or any person may file an information with such attorney, in which case the proceedings shall be for the use of such informer and the United States in equal parts. (R. S. § 5311; June 25, 1948, ch. 646, § 1, 62 Stat. 909.) DERIVATION Act Aug. 6, 1861, ch. 60, § 3, 12 Stat. 319. CHANGE OF NAME Act June 25, 1948, eff. Sept. 1, 1948, substituted “United States attorney" for "attorney of the United States". See section 501 of Title 28, Judiciary and Judicial Procedure. § 216. Preventing transportation of goods to aid insurrection. The Secretary of the Treasury is authorized to prohibit and prevent the transportation in any vessel, or upon any railroad, turnpike, or other road or means of transportation within the United States, of any property, whatever may be the ostensible destination of the same, in all cases where there are satisfactory reasons to believe that such property is intended for any place in the possession or under the control of insurgents against the United States, or that there is imminent danger that such property will fall into the possession or under the control of such insurgents; and he is further authorized, in all cases where he deems it expedient so to do, to require reasonable security to be given that property shall not be transported to any place under insurrectionary control, and shall not, in any way, be used to give aid or comfort to such insurgents; and he may establish all such general or special regulations as may be necessary or proper to carry into effect the purposes of this section; and if any property is transported in violation of this chapter, or of any regulation of the Secretary of the Treasury, established in pursuance thereof, or if any attempt shall be made so to transport any, it shall be forfeited. (R. S. § 5312.) DERIVATION Act May 20, 1862, ch. 81, § 3, 12 Stat. 404. § 217. Trading in captured or abandoned property. All persons in the military or naval service of the United States are prohibited from buying or selling. trading, or in any way dealing in captured or abandoned property, whereby they shall receive or expect any profit, benefit, or advantage to themselves, or any other person, directly or indirectly connected with them; and it shall be the duty of such person whenever such property comes into his possession or custody, or within his control, to give notice thereof to some agent, appointed by virtue of this chapter, and to turn the same over to such agent without delay. Any officer of the United States, civil, military, or naval, or any sutler, soldier, or marine, or other person who shall violate any provision of this section, shall be deemed guilty of a misdemeanor, and shall be fined not more than $5,000, and imprisoned in the penitentiary not more than three years. Violations of this section shall be cognizable before any court, civil or military. competent to try the same. (R. S. § 5313.) DERIVATION Act July 2, 1864, ch. 225, § 10, 13 Stat. 377. Dealing in captured or abandoned property to be punishable as a court-martial may direct, see section 903 of Title 10, Armed Forces. Offenses punishable by imprisonment for term exceeding one year made felonies, see section 1 of Title 18, Crimes and Criminal Procedure. § 218. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 632. Section, R.S. § 5314; act Mar. 2, 1929, ch. 510, § 1, 45 Stat. 1496, related to the authority of the President in the collection of duties to change ports of entry in case of insurrection. § 219. Removal of customhouse and detention of vessels thereat. Whenever, at any port of entry, the duties on imports cannot, in the judgment of the President, be collected in the ordinary way, or by the course provided in section 218 of this title, by reason of the cause mentioned in said section, he may direct that the customhouse for the district be established in any secure place within the district, either on land or on board any vessel in the district, or at sea near the coast; an d in such case the collector shall reside at such place, or on shipboard, as the case may be, and there detain all vessels and cargoes arriving within or approaching the district, until the duties imposed by law on such vessels and their cargoes are paid in cash. But if the owner or consignee of the cargo on board any vessel thus detained, or the master of the vessel, desires to enter a port of entry in any other district where no such obstructions to the execution of the laws exist, the master may be permitted so to change the destination of the vessel and cargo in his manifest; whereupon the collector shall deliver him a written permit to proceed to the port so designated. And the Secretary of the Treasury, with the approval of the President, shall make proper regulations for the enforcement on shipboard of such provisions of the laws regulating the assessment and collection of duties as in his judgment may be necessary and practicable. (R. S. § 5315.) DERIVATION Acts July 13, 1861, ch. 3, § 2, 12 Stat. 256; Mar. 3, 1875, ch. 136, § 2, 18 Stat. 469. REFERENCES IN TEXT Section 218 of this title, referred to in the text, has been repealed. See note thereunder. "Said section", referred to in the text, refers to such section 218. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. See note below. All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of that Department, were transferred with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. The collector, referred to in this section, is an official of the Treasury Department. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 220, 221 of this title. § 220. Enforcement of section 219. It shall be unlawful to take any vessel or cargo detained under section 219 of this title from the custody of the proper officers of the customs, unless by process of some court of the United States; and in case of any attempt otherwise to take such vessel or cargo by any force, or combination, or assemblage of persons, too great to be overcome by the officers of the customs, the President, or such person as he shall have empowered for that purpose, may employ such part of the Army or Navy or militia of the United States, or such force of citizen volunteers as may be necessary, to prevent the removal of such vessel or cargo, and to protect the officers of the customs in retaining the custody thereof. (R. S. § 5316.) DERIVATION Act July 12, 1861, ch. 3, § 3, 12 Stat. 256. All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out in the Appendix to Title 5, Government Organization and Employees. All functions of the offices eliminated were already vested in the Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 221 of this title. § 221. Closing ports of entry; forfeiture of vessels seeking to enter closed port. Whenever, in any collection district, the duties on imports can not, in the judgment of the President, be collected in the ordinary way, nor in the manner provided by sections 218 to 220 of this title, by reason of the cause mentioned in section 218 of this title, the President may close the port of entry in that district; and shall in such case give notice thereof by proclamation. And thereupon all right of importation, warehousing, and other privileges incident to ports of entry shall cease and be discontinued at such port so closed until it is opened by the order of the President on the cessation of such obstructions. Every vessel from beyond the United States, or having on board any merchandise liable to duty, which attempts to enter any port which has been closed under this section, shall, with her tackle, apparel, furniture, and cargo, be forfeited. (R. S. § 5317.) DERIVATION Act July 12, 1861, ch. 3, § 4, 12 Stat. 256. REFERENCES IN TEXT Section 218 of this title, referred to in two places in the text, has been repealed. See note thereunder. TRANSFER OF FUNCTIONS All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise of the Bureau of Customs of the Department of the Treasury to which appointments were required to be made by the President with the advice and consent of the Senate were ordered abolished, with such offices to be terminated |