18 U.S.C. § 546

Smuggling goods into foreign countries

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Any person owning in whole or in part any vessel of the United States who employs, or participates in, or allows the employment of, such vessel for the purpose of smuggling, or attempting to smuggle, or assisting in smuggling, any merchandise into the territory of any foreign government in violation of the laws there in force, if under the laws of such foreign government any penalty or forfeiture is provided for violation of the laws of the United States respecting the customs revenue, and any citizen of, or person domiciled in, or any corporation incorporated in, the United States, controlling or substantially participating in the control of any such vessel, directly or indirectly, whether through ownership of corporate shares or otherwise, and allowing the employment of said vessel for any such purpose, and any person found, or discovered to have been, on board of any such vessel so employed and participating or assisting in any such purpose, shall be fined under this title or imprisoned not more than two years, or both.

It shall constitute an offense under this section to hire out or charter a vessel if the lessor or charterer has knowledge or reasonable grounds for belief that the lessee or person chartering the vessel intends to employ such vessel for any of the purposes described in this section and if such vessel is, during the time such lease or charter is in effect, employed for any such purpose.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1967–2024 · leading case: Pasquantino v. United States

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Pasquantino v. United States (2005) scotus · cites it 6× “*358 Neither the antismuggling statute, 18 U. S. C. § 546 , [3] nor U. S. tax treaties, see Attorney General of Canada v.”

United States v. Miller (1998) nynd · cites it 11× “They are based upon the alleged agreement to (1) aid and abet those engaged in the outbound smuggling of tobacco and liquor products, see 18 U.S.C. § 546 ; and (2) conduct the underlying transactions without preparing the required forms, and recording or reporting the underlying…”

United States v. Boots (1996) ca1 · cites it 3× “See 18 U.S.C. § 546 . A decision to uphold the present convictions would have the effect of licensing prosecutions against persons who use the wires to' engage in smuggling schemes against foreign governments irrespective of whether a particular government had the reciprocal…”

United States v. Donald Berry Burns, United States of America v. Joseph L. Laforney (1993) ca4 “§ 846 ), conspiracy to smuggle ( 18 U.S.C. § 546 ), and interstate travel ( 18 U.”

Attorney General of Canada v. R.J. Reynolds Tobacco Holdings, Inc. (2001) ca2 · cites it 2× “See 18 U.S.C. § 546 ; 19 U.S.C. §§ 1701-1711 .”

United States v. Richard M. Mitchell (1994) ca4 “Mitchell appeals his conviction of importing merchandise contrary to law in violation of 18 U.S.C.A. § 546 (West 1976). He principally argues that the “contrary to law” provision of § 545 embraces only violations of other acts of Congress, not administrative regulations.”

United States v. David B. Pasquantino, United States of America v. Carl J. Pasquantino, United States of America v. Arth (2002) ca4 “3d at 588 ; see 18 U.S.C. § 546 . It opined that a decision to uphold the wire fraud convictions "would have the effect of licensing prosecutions against persons who use the wires to engage in smuggling schemes against foreign governments irrespective of whether a particular…”

United States v. Donald Lavern Culbert (1977) ca9 “Smuggling or importing goods into the United States; 18 U.S.C. § 546 . Smuggling goods into foreign countries; 18 U.”

United States v. Trapilo (1997) ca2 · cites it 2× “at 588 (citing 18 U.S.C. § 546 .) 5 On December 20, 1996, the district court issued its Memorandum-Decision and Order, granting the appellees’ motion to dismiss.”

United States v. Felix Padilla (1967) ca2 “§ 2113 (a) (“Whoever enters or attempts to enter”) ; 18 U.S.C. § 546 (“for the purpose of smuggling, or attempting to smuggle”) ; 18 U.”

United States v. Jerome-Oboh (1995) nywd “to import into the United States from any place outside thereof, any controlled substance in Schedule I-” Count II of the Indictment alleges a violation of 18 U.S.C. § 546 in that Oboh unlawfully brought merchandise into the United States.”

United States v. Hendricks (2003) ca4 · cites it 2× “§ 371 (2000), six counts of visa fraud, 18 U.S.C. § 546 (2000), and ten counts of immigration fraud, 18 U.”

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