564 



district wherein such vessel is then located a state- 

 ment, duly verified by oath, that the cargo or any 

 part of the cargo is or is not to be delivered to other 

 vessels in port or to be transshipped on the high 

 seas, and, if it is to be so delivered or transshipped, 

 stating the kind and quantities and the value of the 

 total quantity of each kind of article so to be deliv- 

 ered or transshipped, and the name of the person, 

 corporation, vessel, or government to whom the 

 delivery or transshipment is to be made; and the 

 owners, shippers, or consignors of the cargo of such 

 vessel shall in the same manner and under the same 

 conditions deliver to the collector like statements 

 under oath as to the cargo or the parts thereof laden 

 or shipped by them, respectively. 



(b) Whoever, in violation of this section, takes 

 or attempts to take, or authorizes the taking of any 

 such vessel, out of port or from the United States, 

 shall be fined not more than $10,000 or imprisoned 

 not more than ten years, or both. 



In addition, such vessel, her tackle, apparel, fur- 

 niture, equipment, and her cargo shall be forfeited 

 to the United States. 



The Secretary of the Treasury is authorized to 

 promulgate regulations upon compliance with which 

 vessels engaged in the coastwise trade or fisheries 

 or used solely for pleasure may be relieved from 

 complying with this section. (June 25, 1948, oh. 

 645, 62 Stat. 747.) 



Lecislativi Histoet 



Revisers Note.— Based on title 18, U. S. C. 1940 ed., 

 §§34. 36 (June 15. 1917, ch. 30, title V, §§4, 6, 40 Stat. 

 222: Mar. 28. 1940. ch. 72. § 6. 64 Stat. 79). 



Section consolidates said sections of title 18, U. S. C. 

 1940 ed. 



Words "within the United States" were substituted for 

 "within the Jurisdiction" etc.. In view of the definition 

 of United States In section 5 of this title. 



Mandatory punishment provision was rephrased in the 

 alternative. 



Words In subsection (a), referring to title 46. sections 

 91. 92, and 94. "each of which sections is hereby declared 

 to be and Is continued In full force and eflect," were 

 omitted as surplusage. 



The conspiracy provision of said section 36 was omitted 

 as covered by section 371 of this title. See reviser's note 

 under that section. 



The final paragraph of the revised section was added 

 on advice of the Treasury Department, to conform with 

 administrative practice and because of the unnecessary 

 burden upon domestic commerce had the provisions of 

 this section been enforced against coastwise, flshlng, and 

 pleasure vessels. 



Minor changes of phraseology were made. 



§966. Departure of vessel forbidden for false state- 

 ments. 



(a) Whenever It appears that the vessel is not 

 entitled to clearance or whenever there is reason- 

 able cause to believe that the additional statements 

 under oath required in section 965 of this title are 

 false, the collector of customs for the district In 

 which the vessel is located may, subject to review 

 by the head of the department or agency charged 

 with the administration of laws relating to clear- 

 ance of vessels, refuse clearance to any vessel, do- 

 mestic or foreign, and by formal notice served upon 

 the owners, master, or person or persons in com- 

 mand or charge of any domestic vessel for which 



clearance is not required by law, forbid the depar- 

 ture of the vessel from the port or from the United 

 States. It shall thereupon be unlawful for the ves- 

 sel to depart. 



(b) Whoever, in violation of this section, takes or 

 attempts to take, or authorizes the taking of any 

 such vessel, out of port or from the United States, 

 shall be fined not more than $10,000 or Imprisoned 

 not more than ten years, or both. 



In addition, such vessel, her tackle, apparel, fur- 

 niture, equipment, and her cargo shall be forfeited 

 to the United SUtes. (June 25, 1948, ch. 645, 62 



Stat. 747.) 



Lecislattvz Hibtort 



Reviser's Nofe.— Based on title 18. U. S. C. 1940 ed., 

 §§35, 36 (June 15, 1917, ch. 30, title V, §§5, 6, 40 Stat. 

 222. Mar. 28. 1940. ch. 72, § 5, 54 Stat. 79) . 



Section consolidates said sections of title 18, U. S. C, 

 1940 ed. 



Mandatory punishment provision was rephrased In the 

 alternative 



The phrase "by the head of the department or agency 

 charged with the administration of laws relating to clear- 

 ance of vessels." was substituted for "by the Secretary 

 of Commerce" In view of Executive Order No. 9083 (F. B. 

 1609) transferring functions to the Commissioner of 

 Customs. 



The conspiracy provision of said section 36 was omitted 

 as covered by section 371 of this title. Sec reviser's note 

 under that section. 



Minor changes of phraseology were made. 



§967. Departure of vessel forbidden in aid of neu- 

 ' trality. 



(a) During a war in which the United States Is 

 a neutral nation, the President, or any person au- 

 thorized by him. may withhold clearance from or 

 to any vessel, domestic or foreign, or, by service of 

 formal notice upon the owner, master, or person 

 in command or in charge of any domestic vessel not 

 required to secure clearances, may forbid its de- 

 parture from port or from the United States, when- 

 ever there is reasonable cause to believe that such 

 vessel is about to carry fuel. arms, ammunition, men, 

 supplies, dispatches, or information to any warship, 

 tender, or supply ship of a foreign belligerent nation 

 in violation nf the laws, treaties, or obligations of the 

 United States under the law of nations. It shall 

 thereupon be unlawful for such vessel to depart. 



(b) Whoever, in violation of this section, takes 

 or attempts to take, or authorizes the taking of any 

 such vessel, out of port or from the United States, 

 shall be fined not more than $10,000 or imprisoned 

 not more than ten years, or both. In addition, such 

 vessel, her tackle, apparel, furniture, equipment, 

 and her cargo shall be forfeited to the United States. 

 (June 25, 1948, ch. 645, 62 SUt. 748.) 



Lecislativi: History 



Reviser's Note— Based on title 18, U. S. C. 1940 ed., 

 §§ 31. 36 (June 15, 1917, ch. 30. title V. §§ 1. 6. 40 Stat. 

 221, 222: Mar. 28. 1940. ch. 72. §5. 54 Stat. 79). 



Section consoHdates said sections of title 18, U. S, C. 

 1940 ed.. with minor changes In translations and 

 phraseology. 



Mandatory punishment provision was rephrased In the 

 alternative 



The conspiracy provision of said section 36 was omitted 

 as covered by section 371 of this title. See reviser's note 

 under that section. 



Changes In phraseology were also made. 



