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CFR › Title 19 › Chapter I › Part 162 › Subpart H › Section 162.95

19 CFR 162.95 - Release of seized property.

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§ 162.95
Release of seized property.
(a) Generally. Except as provided in paragraph (b) of this section, a claimant to seized property under 18 U.S.C. 983(a) is entitled to immediate release of the property if:
(1) The claimant has a possessory interest in the property;
(2) The claimant has sufficient ties to the community to provide assurance that the property will be available at the time of trial;
(3) The continued possession of the property by Customs pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing an individual from working, or leaving an individual homeless; and
(4) The claimant's likely hardship from the continued possession by Customs of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceedings.
(b) Exceptions. Immediate release of seized property under paragraph (a) of this section will not apply if the seized property:
(1) Is contraband, currency or other monetary instrument, or electronic funds, unless, in the case of currency, other monetary instrument or electronic funds, such property comprises the assets of a legitimate business which has been seized;
(2) Is to be used as evidence of a violation of the law;
(3) By reason of design or other characteristic, is particularly suited for use in illegal activities; or
(4) Is likely to be used to commit additional criminal acts if returned to the claimant.
(c) Request for release. A claimant seeking release of property under this section must request possession of the property from the Fines, Penalties, and Forfeitures Officer who issued the notice of seizure. The request need not be made in any particular form, but must be in writing and set forth the basis on which the requirements of paragraph (a) of this section have been met. The request may be filed at any time during which the property remains under seizure.
(d) Granting request for release. The Fines, Penalties, and Forfeitures Officer may release the property if it is determined to be appropriate under paragraphs (a) through (c) of this section.
(e) Denial of or failure to act on request for release. If the Fines, Penalties, and Forfeitures Officer denies the request for release or fails to make a decision on the request by the 15th calendar day after the date the request is received by Customs, the claimant may file a petition in the district court in which the complaint has been filed, or, if no complaint has been filed, in the U.S. district court in which the seizure warrant was issued or in the U.S. district court for the district in which the property was seized.
[T.D. 00-88, 65 FR 78091, Dec. 14, 2000, as amended by T.D. 02-08, 67 FR 9191, Feb. 28, 2002]

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