Code of Federal Regulations · Section
§ 122.175 — Exemption From Penalties
19 C.F.R. § 122.175
Should a controlled substance be introduced into the United States or discovered aboard an aircraft owned or operated by a participating carrier, or in cargo carried by a participating carrier, on a route identified by the carrier as one participating in the ACSPP and which has been approved by Customs, the participating air carrier shall be considered to have met the test of highest degree of care and diligence required under law, and shall not be subject to the penalty or seizure provisions of the Tariff Act of 1930, as amended, if the carrier establishes at an oral presentation before the port director or his designee, that the carrier was not grossly negligent nor engaged in willful misconduct, and that it had complied with all the provisions of these regulations.
Authorizing Statute
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Clearance of vessels46 U.S.C. § 60105
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Lists of alien and citizen passengers arriving and departing8 U.S.C. § 1221
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Transportation Security Administration49 U.S.C. § 114
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Manifests19 U.S.C. § 1431
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Departmental regulations5 U.S.C. § 301
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Screening passengers and property49 U.S.C. § 44901
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Passenger manifests49 U.S.C. § 44909
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Definitions8 U.S.C. § 1101