CBP Issues Proposed Rule on the Publication of Administrative Forfeiture Notices
U.S. Customs and Border Protection (CBP) has issued a proposed rule that would amend the Customs Regulations with regard to administrative forfeiture proceedings by raising the threshold value of seized property for which it must publish a "notice of seizure and intent to forfeit" in a newspaper.
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CBP explains that, currently, if the value of seized property exceeds $2,500, the regulations require CBP to publish notice of seizure and intent to forfeit in a newspaper circulated at the Customs port and in the judicial district where the seizure occurred for at least three successive weeks When the value of the seized property does not exceed $2,500, CBP may publish the notice by posting it in a conspicuous place accessible to the public at the customhouse nearest the place of seizure.
CBP Would Publish Newspaper Notice for Property Exceeding $5,000 in Value
In its proposed rule, CBP would amend 19 CFR 162.45(b)(1) to raise the threshold value of seized property for which it must publish a notice in a newspaper to $5,000.
- CFR 162.45 concerns the notice of seizure and sale of property, other than Schedule I and Schedule II controlled substances, that is subject to summary forfeiture.
(CBP states that administrative forfeiture may occur when CBP seizes:
a prohibited importation;
a transporting conveyance if used to import, export, transport or store a controlled substance or listed chemical;
any monetary instrument within the meaning of 31 U.S.C. 5312(a)(3); or
any conveyance, merchandise or baggage for which its value does not exceed $500,000.
CBP adds that when newspaper publication of administrative forfeiture notices are required, all known parties-in-interest are notified of the newspaper and expected dates of publication of the notice.)
-written comments on proposed rule due by March 15, 2004.
CBP Contact - Greg Olsavsky (202) 927-3119
CBP proposed rule (FR Pub 01/14/04) available athttp://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-724.pdf