19 U.S. Code § 1618 - Remission or mitigation of penalties

Whenever any person interested in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter, or who has incurred, or is alleged to have incurred, any fine or penalty thereunder, files with the Secretary of the Treasury if under the customs laws, and with the Commandant of the Coast Guard or the Commissioner of Customs, as the case may be, if under the navigation laws, before the sale of such vessel, vehicle, aircraft, merchandise, or baggage a petition for the remission or mitigation of such fine, penalty, or forfeiture, the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of Customs, if he finds that such fine, penalty, or forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine, penalty, or forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just, or order discontinuance of any prosecution relating thereto. In order to enable him to ascertain the facts, the Secretary of the Treasury may issue a commission to any customs officer to take testimony upon such petition: Provided, That nothing in this section shall be construed to deprive any person of an award of compensation made before the filing of such petition.

Source

(June 17, 1930, ch. 497, title IV, § 618,46 Stat. 757; 1946 Reorg. Plan No. 3, §§ 101–104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097; Pub. L. 91–271, title III, § 301(hh),June 2, 1970, 84 Stat. 291; Pub. L. 98–473, title II, § 321,Oct. 12, 1984, 98 Stat. 2056; Pub. L. 98–573, title II, § 213(a)(16),Oct. 30, 1984, 98 Stat. 2988.)
Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 618,42 Stat. 987. That section was superseded by section 618 of act June 17, 1930, comprising this section, and was repealed by section 651(a)(1) of the 1930 act.
Provisions for a petition to the judge of the district, a summary investigation before the judge or a United States Commissioner, and transmission of the facts appearing thereon, with a certified copy of the evidence, to the Secretary of the Treasury, and provisions authorizing the Secretary to remit fines and penalties, etc., were contained in act June 22, 1874, ch. 391, §§ 17, 18, 20,18 Stat. 189, 190, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 643,42 Stat. 989.
Amendments

1984—Pub. L. 98–573and Pub. L. 98–473inserted reference to aircraft in two places.
1970—Pub. L. 91–271substituted “customs officer” for “customs agent, collector, judge of the United States Customs Court, or United States commissioner”.
Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573effective Oct. 15, 1984, see section 214(e) ofPub. L. 98–573, set out as a note under section 1304 of this title.
Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 ofPub. L. 91–271, set out as a note under section 1500 of this title.
Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468 (b), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, set out as a note under section 542 of Title 6.
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (1), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, set out as a note under section 542 of Title 6.
Substitution in text of references to Commandant of the Coast Guard and Commissioner of Customs for “the Secretary of Commerce” under the authority of Reorg. Plan No. 3 of 1946, see note set out under section 1613 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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19 USCDescription of ChangeSession YearPublic LawStatutes at Large

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

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.


8 CFR - Aliens and Nationality

8 CFR Part 274 - SEIZURE AND FORFEITURE OF CONVEYANCES

19 CFR - Customs Duties

19 CFR Part 12 - SPECIAL CLASSES OF MERCHANDISE

19 CFR Part 123 - CBP RELATIONS WITH CANADA AND MEXICO

19 CFR Part 145 - MAIL IMPORTATIONS

19 CFR Part 171 - FINES, PENALTIES, AND FORFEITURES

19 CFR Part 172 - CLAIMS FOR LIQUIDATED DAMAGES; PENALTIES SECURED BY BONDS

21 CFR - Food and Drugs

21 CFR Part 1316 - ADMINISTRATIVE FUNCTIONS, PRACTICES, AND PROCEDURES

27 CFR - Alcohol, Tobacco Products and Firearms

27 CFR Part 72 - DISPOSITION OF SEIZED PERSONAL PROPERTY

28 CFR - Judicial Administration

28 CFR Part 8 - FORFEITURE AUTHORITY FOR CERTAIN STATUTES

28 CFR Part 9 - REGULATIONS GOVERNING THE REMISSION OR MITIGATION OF ADMINISTRATIVE, CIVIL, AND CRIMINAL FORFEITURES

50 CFR - Wildlife and Fisheries

50 CFR Part 12 - SEIZURE AND FORFEITURE PROCEDURES

 

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