19 C.F.R. § 162.3

Boarding and search of vessels

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(a) General authority. A Customs officer, for the purpose of examining the manifest and other documents and papers and examining, inspecting and searching the vessel, may at any time go on board:

(1) Any vessel at any place in the United States or within the Customs waters of the United States;

(2) Any American vessel on the high seas;

(3) Any vessel within a Customs-enforcement area designated such under the provisions of the Anti-Smuggling Act (Act of August 5, 1935, as amended, 49 Stat. 517; 19 U.S.C. 1701, 1703 through 1711), but Customs officers shall not board a foreign vessel upon the high seas in contravention of any treaty with a foreign government, or in the absence of a special arrangement with the foreign government concerned.

(b) Search of army or navy vessel. If the port director or special agent in charge believes that sufficient grounds exist to justify a search of any army or navy vessel, the facts shall be reported to the commanding officer or master of the vessel with a request that he cause a full search to be made, and advise the port director or special agent in charge of the result of such search. If, after the cargo has been discharged, passengers and their baggage landed, and the baggage of officers and crewmembers examined and passed, the port director or special agent in charge believes that sufficient grounds exist to justify the continuance of Customs supervision of the vessel, the commanding officer or master of the vessel shall be advised accordingly.

(c) Assistance of other agencies. Customs officers are authorized to assist any other agency in the enforcement of United States laws on any vessel.

[T.D. 84-18, 48 FR 52899, Nov. 23, 1983]

Notes of Decisions

Cited in 10 cases, 1978–2000 · leading case: United States v. Thomas A. Warren, John L. Warren, Jr., Des. E. Schick & David Defina, 578 F.2d 1058 (5th Cir. 1978).

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United States v. Thomas A. Warren, John L. Warren, Jr., Des. E. Schick & David Defina, 578 F.2d 1058 (5th Cir. 1978). · cites it 6× “The regulation, 19 C.F.R. § 162.3 (1977), provides in pertinent part, (a) General authority.”

United States v. Robert Morris Postal, Salem L. Forsythe, & George A. Chitty, 589 F.2d 862 (5th Cir. 1979). · cites it 4× “§ 1581 (a) (1976) and 19 C.F.R. § 162.3 (a)(1) (1978). 43 These provisions authorize routine documentary checks without probable cause or articulable suspicion, and they apply equally to foreign and domestic vessels.”

United States v. Braxton Lake Freeman, Lawrence John Graham, Peter Martell, A/K/A Pita, A/K/A Peter, 579 F.2d 942 (5th Cir. 1978). “Similarly, 19 C.F.R. § 162.3 provides: Boarding and Search of Vessels (a) General Authority.”

Mid-South Holding Co., Inc. v. United States, 225 F.3d 1201 (11th Cir. 2000). “§ 1581 (a) (2000) (emphasis added); see also Boarding & Search of Vessels, 19 C.F.R. § 162.3 (a) (1999). 6 This broad grant of authority, particularly as embodied in the emphasized language, leaves the Customs Service a great deal of discretion, cabined of course by…”

United States v. Thomas Hartwell Liles, Michael Harold Jones, John Richard Salane, 670 F.2d 989 (11th Cir. 1982). “2d 40 (1979) (authority of the Coast Guard is not limited by 19 C.F.R. § 162.3 (a)). 3 . 21 U.S.C. § 955a(f) provides: Any person who violates this section shall be tried in the United States district court at the point of entry where that person enters the United States, or in…”

United States v. Luis Enrique Gonzalez, 875 F.2d 875 (D.C. Cir. 1989). “” 19 C.F.R. § 162.3 (a)(2) (1988). We think such a reading of § 1581(a) precluded by the structure of the statute.”

United States v. Gonzalez, 688 F. Supp. 658 (D.D.C. 1988). “19 C.F.R. § 162.3 . The panel which decided Sarmiento chose not to follow the Treasury Department’s fifty-year construction of the statute.”

United States v. Harper, 617 F.2d 35 (4th Cir. 1980). “See 19 C.F.R. § 162.3 (a)(2) (requiring probable cause for customs officers to board and search a vessel on the high seas).”

Mid-South Holding Co. v. Weise (11th Cir. 2000). “§ 1581 (a) (2000) (emphasis added); see also Boarding & Search of Vessels, 19 C.F.R. § 162.3 (a) (1999).6 This broad grant of authority, particularly as embodied in the emphasized language, leaves the Customs Service a great deal of discretion, cabined of course by…”

Mid-South Holding Co. v. Weise (11th Cir. 2000). “§ 1581 (a) (2000) (emphasis added); see also Boarding & Search of Vessels, 19 C.F.R. § 162.3 (a) (1999).6 This broad grant of authority, particularly 6 The Coast Guard’s law enforcement authority is analogous to that of the Customs Service: The Coast Guard may make inquires,…”

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