2469
Obscenity/Sexual ExploitationRequest
to Re-export
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Importers of articles placed under seizure by Customs as
obscene, and therefore subject to condemnation under 19 U.S.C.
§ 1305, may make a request to the Customs Service, or to the
United States Attorney after referral of the matter to him/her
for forfeiture action, to be permitted to re-export the articles.
To permit re-exportation of an article once a complaint for
forfeiture has been filed is inadvisable. The filing of the
complaint should represent a final decision by the government
that the article is obscene and will sustain forfeiture. To
allow re-exportation without an adjudication would fail to carry
out the statutory purpose of effecting the destruction of obscene
material or to achieve the deterrent effect of forfeiture.
However, prior to filing of a complaint, greater latitude may
be exercised with respect to the re-exportation of articles of
questionable prosecutive merit. Re-exportation should be
permitted only in those cases where the United States Attorney
entertains grave doubts as to the possibility of a successful
action under 19 U.S.C. § 1305. In the event that an
importer approaches the United States Attorney with a request to
re-export an article prior to the time such article has been
formally referred to the United States Attorney by the Customs
Service for his/her evaluation, the importer should be instructed
to contact the Customs Service. If Customs officials thereafter
informally request the United States Attorney's views concerning
the merits of such a request, the United States Attorney should
review the article in question and render his/her advice
accordingly.
If after formal referral to the United States Attorney but
before a complaint has been filed, an importer seeks permission
from the United States Attorney to re-export an article and the
United States Attorney is of the opinion that re-exportation
would comport with the interests of the government, he/she should
return the article to the Customs Service stating that a request
for re-exportation has been made and that the United States
Attorney has no objection to the re-exportation of the article in
question.
The Child Exploitation and Obscenity Section (CEOS) will
arbitrate any disputes between Customs and the United States
Attorney on re-exportation. Because of strict judicial time
limitations imposed upon the government in the prosecution of
these cases, however, it is imperative that the United States
Attorney immediately contact CEOS in the event of such a
disagreement.
[updated June 1998] [cited in USAM 9-75.510] | |