Source
(June 17, 1930, ch. 497, title IV, § 583, as added Pub. L. 107–210, div. A, title III, § 344(a), Aug. 6, 2002, 116 Stat. 986; amended Pub. L. 108–429, title II, § 2004(a)(12), Dec. 3, 2004, 118 Stat. 2590.)
References in Text
The Customs laws of the United States, referred to in subsec. (a)(1), are classified generally to this title.
The Export Administration Act of 1979, referred to in subsecs. (a)(2)(D) and (c)(1)(G), is
Pub. L. 96–72, Sept. 29, 1979,
93 Stat. 503, as amended, which is classified principally to section
2401 et seq. of Title 50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
2401 of Title
50, Appendix, and Tables.
The International Emergency Economic Powers Act, referred to in subsecs. (a)(2)(F) and (c)(1)(I), is title II of
Pub. L. 95–223, Dec. 28, 1977,
91 Stat. 1626, as amended, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section
1701 of Title
50 and Tables.
Section
2332a
(b) of title
18, referred to in subsec. (c)(1)(B), does not define the term “weapon of mass destruction”. However, that term is defined elsewhere in that section.
The Trading with the Enemy Act, referred to in subsec. (c)(1)(J), is act Oct. 6, 1917, ch. 106,
40 Stat. 411, as amended, which is classified to sections
1 to
6,
7 to
39 and
41 to
44 of Title
50, Appendix, War and National Defense. For complete classification of this Act to the Code, see Tables.
Rule 41 of the Federal Rules of Criminal Procedure, referred to in subsec. (c)(2)(A), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Prior Provisions
A prior section
1583, acts June 17, 1930, ch. 497, title IV, § 583,
46 Stat. 748; Aug. 2, 1956, ch. 887, § 4(c),
70 Stat. 948, related to delivery and certification of manifest, prior to repeal by
Pub. L. 103–182, title VI, § 690(b)(9), Dec. 8, 1993,
107 Stat. 2223.
Amendments
2004—Subsec. (c)(1).
Pub. L. 108–429 realigned margins.
Effective Date
Pub. L. 107–210, div. A, title III, § 344(c), Aug. 6, 2002,
116 Stat. 987, provided that:
“(1) In general.—Except as provided in paragraph (2), this section [enacting this section and provisions set out as a note under this section] and the amendments made by this section shall take effect on the date of enactment of this Act [Aug. 6, 2002].
“(2) Certification with respect to foreign mail.—The provisions of section 583 of the Tariff Act of 1930 [this section] relating to foreign mail transiting the United States that is imported or exported by the United States Postal Service shall not take effect until the Secretary of State certifies to Congress, pursuant to subsection (b) [set out as a note below], that the application of such section
583 is consistent with international law and any international obligation of the United States.”
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections
203
(1),
551
(d),
552
(d), and
557 of Title
6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title
6.
Certification by Secretary
Pub. L. 107–210, div. A, title III, § 344(b), Aug. 6, 2002,
116 Stat. 987, provided that: “Not later than 3 months after the date of enactment of this section [Aug. 6, 2002], the Secretary of State shall determine whether the application of section 583 of the Tariff Act of 1930 [this section] to foreign mail transiting the United States that is imported or exported by the United States Postal Service is being handled in a manner consistent with international law and any international obligation of the United States. Section 583 of such Act shall not apply to such foreign mail unless the Secretary certifies to Congress that the application of such section
583 is consistent with international law and any international obligation of the United States.”