Effective May 16, U.S. Customs and Border Protection has changed its process concerning publication of notices of seizure and intent to forfeit.
CBP has authority to seize property for violations of the customs laws and other laws it enforces and can administratively forfeit seized property if it meets certain conditions. Generally, seized property is eligible for administrative forfeiture if it is a conveyance used to unlawfully import, export, transport, or store a controlled substance or prohibited chemical. CBP may also administratively forfeit prohibited merchandise, monetary instruments, or other property that does not exceed $500,000 in value.
CBP initiates the administrative forfeiture process by mailing a notice of seizure to any party it identifies as potentially having an interest in the property. CBP also publishes a notice of seizure and intent to forfeit on an official government forfeiture website to provide public notice and allow any interested party who did not receive a notice of seizure to file a claim with CBP. For property valued at $5,000 or less, CBP also posts this notice in a conspicuous place accessible to the public at the appropriate U.S. Customhouse or U.S. Border Patrol Station or sector office. These processes provide an opportunity for parties interested in seeking relief to file a claim or petition with CBP or make an offer in compromise.
It has been CBP’s practice to first mail the notice of seizure to those that may have an interest in the property and then wait either for a party to file a claim or petition or for the applicable timeframes to expire before publishing and posting the notice of seizure and intent to forfeit. However, CBP will now publish and post this notice at approximately the same time it first sends a written notice of seizure. CBP expects that this change will allow it to process seizures and forfeitures more efficiently and that overall processing time for seizures will decrease, allowing the agency to spend fewer resources on storage, inventory, and other administrative functions related to managing seized property.
The new procedure applies to all property seized by CBP and eligible for administrative forfeiture, including seizures governed by the Civil Asset Forfeiture Reform Act and the Tariff Act of 1930 and seizures processed by CBP on behalf of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations. It does not, however, apply to Schedule I and Schedule II controlled substances, which are summarily forfeited without notice.
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