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CFR › Title 19 › Chapter I › Part 162 › Subpart H › Section 162.92

19 CFR 162.92 - Notice of seizure.

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§ 162.92
Notice of seizure.
(a) Generally. Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure. Any notice issued under this section will include all information that is required by § 162.31(a) and (b) of this part.
(b) Seizure by state or local authorities. In a case in which property is seized by a state or local law enforcement agency and turned over to Customs for the purpose of forfeiture under Federal law, notice will be sent not more than 90 calendar days after the date of seizure by the State or local law enforcement agency.
(c) Identity or interest of party not determined. If the identity or interest of a party is not determined until after the seizure or turnover, but it is determined before a declaration of forfeiture, notice will be sent to such interested party not later than 60 calendar days after the determination by Customs of the identity of the party or the party's interest.
(d) Extensions. (1) The Assistant Secretary, Immigration and Customs Enforcement or the Commissioner of Customs and Border Protection for cases within their respective agencies, or their successors or designees, may extend the period for sending notice under this section for a period not to exceed 30 calendar days, if it is determined that issuance of the notice within 60 calendar days of seizure may have an adverse result, including:
(i) Endangering the life or physical safety of an individual;
(ii) Flight from prosecution;
(iii) Destruction of or tampering with evidence;
(iv) Intimidation of potential witnesses; or
(v) Otherwise seriously jeopardizing an investigation or unduly delaying a trial.
(2) The period for sending notice of seizure as provided in paragraph (d)(1) of this section may not be further extended except by order of a court of competent jurisdiction as prescribed in paragraph (e) of this section.
(e) Extensions by a court. Upon motion by the Government, a court of competent jurisdiction may extend the period for sending notice for a period not to exceed 60 calendar days. This period may be further extended by the court for additional 60 calendar-day periods, as necessary, if the court determines, based on a written certification of the Assistant Commissioner, Investigations, or designee, that the conditions set forth in paragraph (d) of this section are present.
[T.D. 00-88, 65 FR 78091, Dec. 14, 2000, as amended by USCBP-2006-0122, 73 FR 9012, Feb. 19, 2007]

Title 19 published on 2012-04-01

The following are only the Rules published in the Federal Register after the published date of Title 19.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-01-29; vol. 78 # 19 - Tuesday, January 29, 2013
    1. 78 FR 6027 - Internet Publication of Administrative Seizure and Forfeiture Notices
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Final Rule effective February 28, 2013.
      19 CFR Part 162

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code
USC : Title 9 - ARBITRATION

§ 1629

USC : Title 18 - CRIMES AND CRIMINAL PROCEDURE

§ 546 - Smuggling goods into foreign countries

USC : Title 19 - CUSTOMS DUTIES

§ 482 - Search of vehicles and persons

§ 1459 - Reporting requirements for individuals

§ 1460 - Repealed.

§ 1461 - Inspection of merchandise and baggage

§ 1467 - Special inspection, examination, and search

§ 1496 - Examination of baggage

§ 1581 - Boarding vessels

§ 1582 - Search of persons and baggage; regulations

§ 1592 - Penalties for fraud, gross negligence, and negligence

§ 1593a - Penalties for false drawback claims

§ 1594 - Seizure of conveyances

§ 1595 - Searches and seizures

§ 1595a - Forfeitures and other penalties

§ 1602 - Seizure; report to customs officer

§ 1701 - Customs-enforcement area

§ 1703 - Seizure and forfeiture of vessels

§ 1704 - Refusal or revocation of registry, enrollment, license or number on evidence that vessel engaging in smuggling; appeal; immunity from liability

§ 1705 - Destruction of forfeited vessel or vehicle

§ 1706 - Importation in vessels under thirty tons and aircraft; licenses; labels as prima facie evidence of foreign origin of merchandise

§ 1706a - Civil penalties for trading without required certificate of documentation

§ 1707 - Repealed.

§ 1708 - Repealed.

USC : Title 21 - FOOD AND DRUGS

§ 881 - Forfeitures

§ 952 - Importation of controlled substances

§ 953 - Exportation of controlled substances

§ 960 - Prohibited acts A

§ 960a - Foreign terrorist organizations, terrorist persons and groups

§ 961 - Prohibited acts B

§ 966 - Authority of Secretary of the Treasury

USC: Title 26a

§ 5688

USC : Title 39 - POSTAL SERVICE

§ 604 - Seizing and detaining letters

§ 605 - Searching vessels for letters

USC : Title 49 - TRANSPORTATION

§ 1509

Title 19 published on 2012-04-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 19 CFR 162 after this date.

  • 2013-01-29; vol. 78 # 19 - Tuesday, January 29, 2013
    1. 78 FR 6027 - Internet Publication of Administrative Seizure and Forfeiture Notices
      GPO FDSys XML | Text
      DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection
      Final rule.
      Final Rule effective February 28, 2013.
      19 CFR Part 162