[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR171.52]



[Page 292-293]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 171_FINES, PENALTIES, AND FORFEITURES--Table of Contents

 

               Subpart F_Expedited Petitioning Procedures

 

Sec.  171.52  Petition for expedited procedures in an administrative 

forfeiture proceeding.



    (a) Procedures for violations involving possession of controlled 

substance in personal use quantities. The usual procedures for petitions 

for relief when property is seized are set forth in subpart B of this 

part. However, where property is seized for administrative forfeiture 

pursuant to 19 U.S.C. 1595a due to violations involving controlled 

substances in personal use quantities, a petition may be filed pursuant 

to paragraphs (c) and (d) of this section to seek expedited procedures 

for release of the property. A petition filed pursuant to this subpart 

shall also serve as a petition for relief filed under subpart B of this 

part. The petition may be filed by an owner or interested party.

    (b) Commercial fishing industry vessels. Where a commercial fishing 

industry vessel proceeding to or from a fishing area or intermediate 

port of call or actually engaged in fishing operations is subject to 

seizure for administrative forfeiture for a violation of law involving 

controlled substances in personal use quantities, a summons to appear 

shall be issued in lieu of a physical seizure. The vessel shall report 

to the port designated in the summons no later than the date specified 

in the summons. When a commercial fishing industry vessel reports, the 

appropriate Customs officer shall, depending on the facts and 

circumstances, either issue another summons to appear at a time deemed 

appropriate, execute a constructive seizure agreement pursuant to 19 

U.S.C. 1605, or take physical custody of the vessel. When a summons to 

appear has been issued, the seizing agency may be authorized to 

institute administrative forfeiture as if the vessel had been physically 

seized. When a summons to appear has been issued, the owner or 

interested party may file a petition for expedited procedures pursuant 

to subsection (a); the provisions of subsection (a) and other provisions 

in this subpart relating to a petition for expedited release shall apply 

as if the vessel had been physically seized.

    (c) Elements to be established in petition. (1) The petition for 

expedited procedures shall establish that:

    (i) The petitioner has a valid, good faith interest in the seized 

property as owner or otherwise;

    (ii) The petitioner reasonably attempted to ascertain the use of the 

property in a normal and customary manner; and

    (iii) The petitioner did not know or consent to the illegal use of 

the property or, in the event that the petitioner knew or should have 

known of the illegal use, the petitioner did what



[[Page 293]]



reasonably could be expected to prevent the violation.

    (2) In addition, the petitioner may submit evidence to establish 

that he has statutory rights or defenses such that he would prevail in a 

judicial proceeding on the issue of forfeiture.

    (d) Manner of filing. A petition for expedited procedures must be 

filed in a timely manner to be considered by Customs. To be filed in a 

timely manner, the petition must be received by Customs within 20 days 

from the date the notice of seizure was mailed, or in the case of a 

commercial fishing industry vessel for which a summons to appear is 

issued, 20 days from the original date when the vessel is required to 

report. The petition must be sworn to by the petitioner and signed by 

the petitioner or his attorney at law. If the petitioner is a 

corporation, the petition may be sworn to by an officer or responsible 

supervisory employee thereof and signed by that individual or an 

attorney at law representing the corporation. Both the envelope and the 

request must be clearly marked ``PETITION FOR EXPEDITED PROCEDURES.'' 

The petition shall be addressed to the U.S. Customs Service and filed in 

triplicate with the Fines, Penalties, and Forfeitures Officer for the 

port where the property was seized, or for commercial fishing industry 

vessels, with the Fines, Penalties, and Forfeitures Officer for the port 

to which the vessel was required to report.

    (e) Contents of petition. The petition shall include the following:

    (1) A complete description of the property, including identification 

numbers, if any, and the date and place of the violation and seizure;

    (2) A description of the petitioner's interest in the property, 

supported by the documentation, bills of sale, contracts, mortgages, or 

other satisfactory documentary evidence; and

    (3) A statement of the facts and circumstances relied upon by the 

petitioner to justify expedited return of the seized property, supported 

by satisfactory evidence.



[T.D. 89-86, 54 FR 37602, Sept. 11, 1989; 54 FR 41364, Oct. 6, 1989, as 

amended by T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-88, 65 FR 

78093, Dec. 14, 2000; CBP Dec. 04-28, 69 FR 52600, Aug. 27, 2004]