The Secretary of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law.
(b) Transfer of seized property; notice
If forfeiture proceedings are discontinued or dismissed under this section—
(1)the United States may transfer the seized property to the appropriate State or local official; and
(2)notice of the discontinuance or dismissal shall be provided to all known interested parties.
(c) Retention or transfer of forfeited property
(1)The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph (A) or (B), or both:
(A)Retain any of the property for official use.
(B)Transfer any of the property to—
(i)any other Federal agency;
(ii)any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property; or
(iii)the Civil Air Patrol.
(2)The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer—
(A)has been agreed to by the Secretary of State;
(B)is authorized in an international agreement between the United States and the foreign country; and
(C)is made to a country which, if applicable, has been certified under section
2291j(b) of title
(3)Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of paragraph (1)(B)(iii).
(d) Liability of United States after transfer
The United States shall not be liable in any action relating to property transferred under this section if such action is based on an act or omission occurring after the transfer.
1988—Subsec. (c). Pub. L. 100–690amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “The Secretary of the Treasury may transfer any property forfeited under this chapter to any other Federal agency or to any State or local law enforcement agency which participated directly in the seizure or forfeiture of the property.”
1986—Subsec. (c). Pub. L. 99–570inserted “any other Federal agency or to” after “property forfeited under this chapter to”.
Effective Date of 1988 Amendment
Pub. L. 100–690, title VII, § 7366(b),Nov. 18, 1988, 102 Stat. 4479, provided that: “The amendment made by subsection (a) [amending this section] applies with respect to property forfeited under the Tariff Act of 1930 [this chapter] on or after the date of the enactment of this Act [Nov. 18, 1988].”
Section effective Oct. 15, 1984, see section 214(e) ofPub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section
1304 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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