ORGANIC LAWS GOVERNING U.S. COAST GUARD 53 



(g) Any vessel, within or without the customs waters, from which 

 any merchandise is being, or has been, unlawfully introduced into 

 the United States by means of any boat belonging to, or owned, con- 

 trolled, or managed in common with, said vessel, shall be deemed to 

 be employed within the United States and, as such, subject to the 

 provisions of this section. 



(h) The provisions of this section shall not be construed to author- 

 ize or require any officer of the United States to enforce any law of 

 the United States upon the high seas upon a foreign vessel in con- 

 travention of any treaty with a foreign government enabling or per- 

 mitting the authorities of the United States to board, examine, search, 

 seize, or otherAvise to enforce upon said vessel upon the high seas the 

 laws of the United States except as such authorities are or may other- 

 wise be enabled or permitted under special arrangement with such 

 foreign government. (June 17, 1930, ch. 497, title IV, § 581, 46 Stat. 

 747; Aug. 5, 1935, ch. 488, title II, § 203, 49 Stat. 521; 1946 Reorg. 

 Plan No. 3, ^§ 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; 

 Sept. 1, 1954; ch. 1213, title V, § 504, 68 Stat. 1141.) 



Penalties under laws relating to vessels; informers' rights ; man- 

 ner of ascertaining facts 



46 U.S.C. 7 (R.S. 5294) 



The Commandant of the Coast Guard or the Commissioner of 

 Customs, as the case may be, may, upon application therefor, remit 

 or mitigate any fine, penalty, or forfeiture provided for in laws relating 

 to vessels or discontinue any prosecution to recover penalties or 

 relating to forfeitures denounced in such laws, excepting the penalty 

 of imprisonment or of removal from office, upon such terms as he, 

 in his discretion, shall think proper; and all rights granted to informers 

 by such laws shall be held subject to the Commandant's or Com- 

 missioner's powers of remission, except in cases where the claims of 

 any informer to the share of any penalty shall have been determined 

 by a court of competent jurisdiction prior to the application for the 

 remission of the penalty or forfeiture; and the Commandant or Com- 

 missioner shall have authority to ascertain the facts upon all such 

 applications in such manner and under such regulations as he may 

 deem proper. 



Refunding of penalties under laws relating to vessels or seamen 



46 U.S.C. 8 



Whenever any fine, penalty, forfeiture, exaction, or charge arising 

 under the laws relating to vessels or seamen has been paid to any 

 collector of customs, or Coast Guard official, or consular officer, and 

 application has been made within one year from such payment for the 

 refunding or remission of the same, the Commandant of the Coast 

 Guard or the Commissioner of Customs, as the case may be, if on in- 

 vestigation he finds that such fine, penalty, forfeiture, exaction, or 

 charge was illegally, improperly, or excessively imposed, shall have 

 the power, either before or after the same has been covered into the 

 Treasury, to refund so much of such fine, penalty, forfeiture, exac- 



