---
kind: "range"
citation: "19 U.S.C. §§ 1602–1619"
title: "19"
from: "1602"
to: "1619"
count: 21
release: "119-102"
url: "https://uscodex.org/usc/19/1602..1619"
---

# §1602. Seizure; report to customs officer


It shall be the duty of any officer, agent, or other person authorized by law to make seizures of merchandise or baggage subject to seizure for violation of the customs laws, to report every such seizure immediately to the appropriate [customs officer](/usc/19/1401.md?p=i) for the district in which such violation occurred, and to turn over and deliver to such [customs officer](/usc/19/1401.md?p=i) any vessel, vehicle, aircraft, merchandise, or baggage seized by him, and to report immediately to such [customs officer](/usc/19/1401.md?p=i) every violation of the customs laws.


# §1603. Seizure; warrants and reports

- (a) Any property which is subject to forfeiture to the [United States](/usc/19/1401.md?p=h) for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of [section 1595 of this title](/usc/19/1595.md), may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law.
- (b) Whenever a seizure of merchandise for violation of the customs laws is made, or a violation of the customs laws is discovered, and legal proceedings by the [United States](/usc/19/1401.md?p=h) attorney in connection with such seizure or discovery are required, it shall be the duty of the appropriate [customs officer](/usc/19/1401.md?p=i) to report promptly such seizure or violation to the [United States](/usc/19/1401.md?p=h) attorney for the district in which such violation has occurred, or in which such seizure was made, and to include in such report a statement of all the facts and circumstances of the case within his knowledge, with the names of the witnesses and a citation to the statute or statutes believed to have been violated, and on which reliance may be had for forfeiture or conviction.

# §1604. Seizure; prosecution [1](#fn)


It shall be the duty of the Attorney General of the [United States](/usc/19/1401.md?p=h) immediately to inquire into the facts of cases reported to him by [customs officers](/usc/19/1401.md?p=i) and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such[^1] violation, for the recovery of which the institution of proceedings in the [United States](/usc/19/1401.md?p=h) district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the [Secretary](/usc/19/1401.md?p=l) of the Treasury for his direction in the premises.


# §1605. Seizure; custody; storage


All vessels, vehicles, aircraft, merchandise, and baggage seized under the provisions of the customs laws, or laws relating to the navigation, registering, enrolling or licensing, or entry or clearance, of vessels, unless otherwise provided by law, shall be placed and remain in the custody of the appropriate [customs officer](/usc/19/1401.md?p=i) for the district in which the seizure was made to await disposition according to law.

Pending such disposition, the property shall be stored in such place as, in the [customs officer](/usc/19/1401.md?p=i)’s opinion, is most convenient and appropriate with due regard to the expense involved, whether or not the place of storage is within the judicial district or the customs collection district in which the property was seized; and storage of the property outside the judicial district or customs collection district in which it was seized shall in no way affect the jurisdiction of the court which would otherwise have jurisdiction over such property.


# §1606. Seizure; appraisement


The appropriate [customs officer](/usc/19/1401.md?p=i) shall determine the domestic value, at the time and place of appraisement, of any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws.


# §1607. Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances

- (a) **Notice of seizure—** If—
  - (1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;
  - (2) such seized merchandise is merchandise the importation of which is prohibited;
  - (3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any [controlled substance](#b) or [listed chemical](#b); or
  - (4) such seized merchandise is any monetary instrument within the meaning of [section 5312(a)(3) of title 31](/usc/31/5312.md?p=a-3);

  the appropriate [customs officer](/usc/19/1401.md?p=i) shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the [Secretary](/usc/19/1401.md?p=l) of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.

- (b) **“Controlled substance” and “listed chemical” defined—** As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in [section 802 of title 21](/usc/21/802.md).
- (c) **Report to Congress—** The Commissioner of U.S. Customs and Border Protection shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under [section 1613b of this title](/usc/19/1613b.md) within 120 days of seizure, as of the end of the previous fiscal year.

# §1608. Seizure; claims; judicial condemnation


Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate [customs officer](/usc/19/1401.md?p=i) a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the [United States](/usc/19/1401.md?p=h) in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such [customs officer](/usc/19/1401.md?p=i), conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such [customs officer](/usc/19/1401.md?p=i) shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the [United States](/usc/19/1401.md?p=h) attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.


# §1609. Seizure; summary forfeiture and sale

- (a) **In general—** If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate [customs officer](/usc/19/1401.md?p=i) shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the [United States](/usc/19/1401.md?p=h) is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in [section 1613 of this title](/usc/19/1613.md), into the Customs Forfeiture Fund.
- (b) **Effect—** A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the [United States](/usc/19/1401.md?p=h). Title shall be deemed to vest in the [United States](/usc/19/1401.md?p=h) free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in [title 46](/usc/46.md)) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the [United States](/usc/19/1401.md?p=h) shall, upon application of the appropriate [customs officer](/usc/19/1401.md?p=i) accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the [United States](/usc/19/1401.md?p=h) or to any transferee of the [United States](/usc/19/1401.md?p=h).

# §1610. Seizure; judicial forfeiture proceedings


If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to [section 1607 of this title](/usc/19/1607.md), the appropriate [customs officer](/usc/19/1401.md?p=i) shall transmit a report of the case, with the names of available witnesses, to the [United States](/usc/19/1401.md?p=h) attorney for the district in which the seizure was made for the institution of the proper proceedings for the condemnation of such property.


# §1611. Seizure; sale unlawful


If the sale of any vessel, vehicle, aircraft, merchandise, or baggage forfeited under the customs laws in the district in which seizure thereof was made be prohibited by the laws of the State in which such district is located, or if a sale may be made more advantageously in any other district, the [Secretary](/usc/19/1401.md?p=l) of the Treasury may order such vessel, vehicle, aircraft, merchandise, or baggage to be transferred for sale in any customs district in which the sale thereof may be permitted. Upon the request of the [Secretary](/usc/19/1401.md?p=l) of the Treasury, any court may, in proceedings for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage under the customs laws, provide in its decree of forfeiture that the vessel, vehicle, aircraft, merchandise, or baggage, so forfeited, shall be delivered to the [Secretary](/usc/19/1401.md?p=l) of the Treasury for disposition in accordance with the provisions of this section. If the [Secretary](/usc/19/1401.md?p=l) of the Treasury is satisfied that the proceeds of any sale will not be sufficient to pay the costs thereof, he may order a destruction by the [customs officers](/usc/19/1401.md?p=i): Provided, That any merchandise forfeited under the customs laws, the sale or use of which is prohibited under any law of the [United States](/usc/19/1401.md?p=h) or of any State, may, in the discretion of the [Secretary](/usc/19/1401.md?p=l) of the Treasury, be destroyed, or remanufactured into an article that is not prohibited, the resulting article to be disposed of to the profit of the [United States](/usc/19/1401.md?p=h) only.


# §1612. Seizure; summary sale

- (a) Whenever it appears to the Customs Service that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to [section 1607 of this title](/usc/19/1607.md), and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, the Customs Service shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the [Secretary](/usc/19/1401.md?p=l) of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to [section 1607 of this title](/usc/19/1607.md), the Customs Service shall forthwith transmit its report of the seizure to the [United States](/usc/19/1401.md?p=h) attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the Customs Service or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim.
- (b) If the Customs Service determines that the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, the Customs Service may promptly order the destruction or other appropriate disposition of such property under regulations prescribed by the [Secretary](/usc/19/1401.md?p=l). No [customs officer](/usc/19/1401.md?p=i) shall be liable for the destruction or other disposition of property made pursuant to this section.

# §1613. Disposition of proceeds of forfeited property

- (a) **Application for remission of forfeiture and restoration of proceeds of sale; disposition of proceeds when no application has been made—** Except as provided in [subsection (b)](#b) of this section, any person claiming any vessel, vehicle, aircraft, merchandise, or baggage, or any interest therein, which has been forfeited and sold under the provisions of this chapter, may at any time within three months after the date of sale apply to the [Secretary](/usc/19/1401.md?p=l) of the Treasury if the forfeiture and sale was under the customs laws, or to the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if the forfeiture and sale was under the navigation laws, for a remission of the forfeiture and restoration of the proceeds of such sale, or such part thereof as may be claimed by him. Upon the production of satisfactory proof that the applicant did not know of the seizure prior to the declaration or condemnation of forfeiture, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without any willful negligence or intention to defraud on the part of the applicant, the [Secretary](/usc/19/1401.md?p=l) of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection may order the proceeds of the sale, or any part thereof, restored to the applicant, after deducting the cost of seizure and of sale, the duties, if any, accruing on the merchandise or baggage, and any sum due on a lien for freight, charges, or contribution in general average that may have been filed. If no application for such remission or restoration is made within three months after such sale, or if the application be denied by the [Secretary](/usc/19/1401.md?p=l) of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection, the proceeds of sale shall be disposed of as follows:
  - (1) For the payment of all proper expenses of the proceedings of forfeiture and sale, including expenses of seizure, maintaining the custody of the property, advertising and sale, and if condemned by a decree of a district court and a bond for such costs was not given, the costs as taxed by the court;
  - (2) For the satisfaction of liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate [customs officer](/usc/19/1401.md?p=i) according to law; and
  - (3) The residue shall be deposited in the general fund of the Treasury of the [United States](/usc/19/1401.md?p=h).[^1]
- (b) **Disposition of proceeds in excess of penalty assessed under section 1592—** If merchandise is forfeited under [section 1592 of this title](/usc/19/1592.md), any proceeds from the sale thereof in excess of the monetary penalty finally assessed thereunder and the expenses and costs described in subsection [(a)(1)](#a-1) and [(2)](#a-2) of this section or subsection (a)(1), (a)(3), or (a)(4) of [section 1613b of this title](/usc/19/1613b.md) incurred in such sale shall be returned to the person against whom the penalty was assessed.
- (c) **Treatment of deposits—** If property is seized by the [Secretary](/usc/19/1401.md?p=l) under law enforced or administered by the Customs Service, or otherwise acquired under [section 1605 of this title](/usc/19/1605.md), and relief from the forfeiture is granted by the [Secretary](/usc/19/1401.md?p=l), or his designee, upon terms requiring the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item.
- (d) **Expenses—** In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institution of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.

# [§1613a. Repealed. Pub. L. 99–514, title XVIII, § 1888(7), Oct. 22, 1986, 100 Stat. 2925 — repealed]



# §1613b. Customs Forfeiture Fund

- (a) **In general—**
  - (1) There is established in the Treasury of the [United States](/usc/19/1401.md?p=h) a fund to be known as the “Customs Forfeiture Fund” (hereafter in this section referred to as the “Fund”), which shall be available to the [United States](/usc/19/1401.md?p=h) Customs Service, subject to appropriation, with respect to seizures and forfeitures by the [United States](/usc/19/1401.md?p=h) Customs Service and the [United States](/usc/19/1401.md?p=h) Coast Guard under any law enforced or administered by those agencies for payment, or for reimbursement to the appropriation from which payment was made, for—
    - (A) all proper expenses of the seizure (including investigative costs incurred by the [United States](/usc/19/1401.md?p=h) Customs Service leading to seizures) or the proceedings of forfeiture and sale, including, but not limited to, the expenses of inventory, security, and maintenance of custody of the property, advertisement and sale of the property, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court;
    - (B) awards of compensation to informers under [section 1619 of this title](/usc/19/1619.md);
    - (C) satisfaction of—
      - (i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate [customs officer](/usc/19/1401.md?p=i) according to law, and
      - (ii) other liens against forfeited property;
    - (D) amounts authorized by law with respect to remission and mitigation;
    - (E) claims of parties in interest to property disposed of under [section 1612(b) of this title](/usc/19/1612.md?p=b), in the amounts applicable to such claims at the time of seizure; and
    - (F) equitable sharing payments made to other Federal agencies, State and local law enforcement agencies, and foreign countries under the authority of [section 1616a(c) of this title](/usc/19/1616a.md?p=c) or [section 981 of title 18](/usc/18/981.md).
  - (2)
    - (A) Any payment made under subparagraph [(C)](#a-1-C) or [(D)](#a-1-D) of paragraph (1) with respect to a seizure or a forfeiture of property shall not exceed the value of the property at the time of the seizure.
    - (B) Any payment made under [subparagraph (F)](#a-1-F) of paragraph (1) with respect to a seizure or forfeiture of property shall not exceed the value of the property at the time of disposition.
  - (3) In addition to the purposes described in [paragraph (1)](#a-1), the Fund shall be available for—
    - (A) purchases by the [United States](/usc/19/1401.md?p=h) Customs Service of evidence of—
      - (i) smuggling of [controlled substances](/usc/19/1401.md?p=m), and
      - (ii) violations of the currency and foreign transaction reporting requirements of [chapter 51](/usc/31/chstIV-ch51.md) of title 31, if there is a substantial probability that the violations of these requirements are related to the smuggling of [controlled substances](/usc/19/1401.md?p=m);
    - (B) equipment for any vessel, vehicle, or aircraft available for official use by the [United States](/usc/19/1401.md?p=h) Customs Service to enable the vessel, vehicle, or aircraft to assist in law enforcement functions;
    - (C) the reimbursement, at the discretion of the [Secretary](/usc/19/1401.md?p=l), of private persons for expenses incurred by such persons in cooperating with the [United States](/usc/19/1401.md?p=h) Customs Service in investigations and undercover law enforcement operations;
    - (D) publication of the availability of awards under [section 1619 of this title](/usc/19/1619.md);
    - (E) equipment for any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the [United States](/usc/19/1401.md?p=h) Customs Service; and
    - (F) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the [United States](/usc/19/1401.md?p=h) Customs Service.
- (b) **United States Coast Guard—** The Commissioner of U.S. Customs and Border Protection shall make available to the [United States](/usc/19/1401.md?p=h) Coast Guard, from funds appropriated under [subsection (f)(2)](#f-2) in excess of $10,000,000 for a fiscal year, proceeds in the Fund derived from seizures by the Coast Guard. Funds made available under this subsection may be used for—
  - (1) equipment for any vessel, vehicle, or aircraft available for official use by the [United States](/usc/19/1401.md?p=h) Coast Guard to enable the vessel, vehicle, or aircraft to assist in law enforcement functions;
  - (2) equipment for any vessel, vehicle, equipment, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the [United States](/usc/19/1401.md?p=h) Coast Guard;
  - (3) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the [United States](/usc/19/1401.md?p=h) Coast Guard; and
  - (4) expenses incurred in bringing vessels into compliance with applicable environmental laws prior to disposal by sinking.
- (c) **Deposits—** There shall be deposited into the Fund all forfeited currency and proceeds from forfeiture under any law enforced or administered by the [United States](/usc/19/1401.md?p=h) Customs Service or the [United States](/usc/19/1401.md?p=h) Coast Guard and all income from investments made under [subsection (d)](#d).
- (d) **Investment—** Amounts in the Fund which are not currently needed for the purposes of this section shall be invested in obligations of, or guaranteed by, the [United States](/usc/19/1401.md?p=h).
- (e) **Annual reports; audits—**
  - (1) The Commissioner of U.S. Customs and Border Protection shall transmit to the Congress, by no later than February 1 of each fiscal year the following detailed reports:
    - (A) a report on—
      - (i) the estimated total value of property forfeited under any law enforced or administered by the [United States](/usc/19/1401.md?p=h) Customs Service or the [United States](/usc/19/1401.md?p=h) Coast Guard with respect to which funds were not deposited in the Fund during the previous fiscal year, and
      - (ii) the estimated total value of all such property transferred to any State or local law enforcement agency;
    - (B) a report on—
      - (i) the balance of the Fund at the beginning of the preceding fiscal year;
      - (ii) liens and mortgages paid and amount of money shared with State and local law enforcement agencies during the previous fiscal year;
      - (iii) the net amount realized from the operations of the Fund during the previous fiscal year, the amount of seized cash being held as evidence, and the amount of money that has been carried over to the current fiscal year;
      - (iv) any defendant’s equity in property valued at $1,000,000 or more;
      - (v) the balance of the Fund at the end of the previous fiscal year; and
    - (C) a report containing, for the previous fiscal year—
      - (i) a complete set of audited financial statements (including a balance sheet, income statement, and cash flow analysis) prepared in a manner consistent with the requirements of the Comptroller General, and
      - (ii) an analysis of income and expenses showing the revenue received or lost—
        - (I) by property category (general property, vehicles, vessels, aircraft, cash, and real property) and
        - (II) by type of disposition (sales, remissions, cancellations, placed into official use, sharing with State and local agencies, and destructions).
  - (2) The Fund shall be subject to audits conducted by the Comptroller General of the [United States](/usc/19/1401.md?p=h), under such conditions as the Comptroller General determines appropriate.
- (f) **Authorization of appropriations—**
  - (1) There are hereby appropriated from the Fund such sums as may be necessary to carry out the purposes set forth in [subsection (a)(1)](#a-1).
  - (2)
    - (A) Subject to [subparagraph (B)](#f-2-B), there are authorized to be appropriated from the Fund not to exceed $20,000,000 for each fiscal year to carry out the purposes set forth in subsections [(a)(3)](#a-3) and [(b)](#b) for such fiscal year.
    - (B) Of the amount authorized to be appropriated under [subparagraph (A)](#f-2-A), not to exceed the following, shall be available to carry out the purposes set forth in [subsection (a)(3)](#a-3):
      - (i) $14,855,000 for fiscal year 1991.
      - (ii) $15,598,000 for fiscal year 1992.
  - (3) At the end of each fiscal year, any unobligated amount in excess of $15,000,000 remaining in the Fund shall be deposited into the general fund of the Treasury of the [United States](/usc/19/1401.md?p=h).

# §1614. Release of seized property


If any person claiming an interest in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter offers to pay the value of such vessel, vehicle, aircraft, merchandise, or baggage, as determined under [section 1606 of this title](/usc/19/1606.md), and it appears that such person has in fact a substantial interest therein, the appropriate [customs officer](/usc/19/1401.md?p=i) may, subject to the approval of the [Secretary](/usc/19/1401.md?p=l) of the Treasury if under the customs laws, or the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if under the navigation laws, accept such offer and release the vessel, vehicle, aircraft, merchandise, or baggage seized upon the payment of such value thereof, which shall be distributed in the order provided in [section 1613 of this title](/usc/19/1613.md).


# §1615. Burden of proof in forfeiture proceedings


In all suits or actions (other than those arising under [section 1592 of this title](/usc/19/1592.md)) brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, where the property is claimed by any person, the burden of proof shall lie upon such claimant; and in all suits or actions brought for the recovery of the value of any vessel, vehicle, aircraft, merchandise, or baggage, because of violation of any such law, the burden of proof shall be upon the defendant: Provided, That probable cause shall be first shown for the institution of such suit or action, to be judged of by the court, subject to the following rules of proof:

- (1) The testimony or deposition of the [officer of the customs](/usc/19/1401.md?p=i) who has boarded or required to come to a stop or seized a vessel, vehicle, or aircraft, or has arrested a person, shall be prima facie evidence of the place where the act in question occurred.
- (2) Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying mechandise[^1] or containers of merchandise, shall be prima facie evidence of the foreign origin of such merchandise.
- (3) The fact that a vessel of any description is found, or discovered to have been, in the vicinity of any [hovering vessel](/usc/19/1401.md?p=k) and under any circumstances indicating contact or communication therewith, whether by proceeding to or from such vessel, or by coming to in the vicinity of such vessel, or by delivering to or receiving from such vessel any merchandise, person, or communication, or by any other means effecting contact or communication therewith, shall be prima facie evidence that the vessel in question has visited such [hovering vessel](/usc/19/1401.md?p=k).

# [§1616. Repealed. Pub. L. 99–570, title I, § 1863(b), Oct. 27, 1986, 100 Stat. 3207–54 — repealed]



# §1616a. Disposition of forfeited property

- (a) **State proceedings—** The [Secretary](/usc/19/1401.md?p=l) of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law.
- (b) **Transfer of seized property; notice—** If forfeiture proceedings are discontinued or dismissed under this section—
  - (1) the [United States](/usc/19/1401.md?p=h) may transfer the seized property to the appropriate State or local official; and
  - (2) notice of the discontinuance or dismissal shall be provided to all known [interested parties](/usc/19/1516a.md?p=f-3).
- (c) **Retention or transfer of forfeited property—**
  - (1) The [Secretary](/usc/19/1401.md?p=l) of the Treasury may apply property forfeited under this chapter in accordance with subparagraph [(A)](#c-1-A) or [(B)](#c-1-B), or both:
    - (A) Retain any of the property for official use.
    - (B) Transfer any of the property to—
      - (i) any other Federal agency;
      - (ii) any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property; or
      - (iii) the Civil Air Patrol.
  - (2) The [Secretary](/usc/19/1401.md?p=l) may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer—
    - (A) has been agreed to by the Secretary of State;
    - (B) is authorized in an international [agreement](/usc/19/2518.md?p=1) between the [United States](/usc/19/1401.md?p=h) and the foreign country; and
    - (C) is made to a country which, if applicable, has been certified under [section 2291j(b) of title 22](/usc/22/2291j.md?p=b).
  - (3) Aircraft may be transferred to the Civil Air Patrol under [paragraph (1)(B)(iii)](#c-1-B-iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of [paragraph (1)(B)(iii)](#c-1-B-iii).
- (d) **Liability of United States after transfer—** The [United States](/usc/19/1401.md?p=h) shall not be liable in any action relating to property transferred under this section if such action is based on an act or omission occurring after the transfer.

# §1617. Compromise of Government claims by Secretary of the Treasury


Upon a report by a [customs officer](/usc/19/1401.md?p=i), [United States](/usc/19/1401.md?p=h) attorney, or any special attorney, having charge of any claim arising under the customs laws, showing the facts upon which such claim is based, the probabilities of a recovery and the terms upon which the same may be compromised, the [Secretary](/usc/19/1401.md?p=l) of the Treasury is authorized to compromise such claim, if such action shall be recommended by the General Counsel for the Department of the Treasury.


# §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](/usc/19/1401.md?p=l) of the Treasury if under the customs laws, and with the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, 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](/usc/19/1401.md?p=l) of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection, 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](/usc/19/1401.md?p=l) of the Treasury may issue a commission to any [customs officer](/usc/19/1401.md?p=i) 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.


# §1619. Award of compensation to informers

- (a) **In general—** If—
  - (1) any person who is not an employee or officer of the [United States](/usc/19/1401.md?p=h)—
    - (A) detects and seizes any vessel, vehicle, aircraft, merchandise, or baggage subject to seizure and forfeiture under the customs laws or the navigation laws and reports such detection and seizure to a [customs officer](/usc/19/1401.md?p=i), or
    - (B) furnishes to a [United States](/usc/19/1401.md?p=h) attorney, the [Secretary](/usc/19/1401.md?p=l) of the Treasury, or any [customs officer](/usc/19/1401.md?p=i) original information concerning—
      - (i) any fraud upon the customs revenue, or
      - (ii) any violation of the customs laws or the navigation laws which is being, or has been, perpetrated or contemplated by any other person; and
  - (2) such detection and seizure or such information leads to a recovery of—
    - (A) any duties withheld, or
    - (B) any fine, penalty, or forfeiture of property incurred;

  the [Secretary](/usc/19/1401.md?p=l) may award and pay such person an amount that does not exceed 25 percent of the net amount so recovered.

- (b) **Forfeited property not sold—** If—
  - (1) any vessel, vehicle, aircraft, merchandise, or baggage is forfeited to the [United States](/usc/19/1401.md?p=h) and is thereafter, in lieu of sale—
    - (A) destroyed under the customs or navigation laws, or
    - (B) delivered to any governmental agency for official use, and
  - (2) any person would be eligible to receive an award under [subsection (a)](#a) but for the lack of sale of such forfeited property,

  the [Secretary](/usc/19/1401.md?p=l) may award and pay such person an amount that does not exceed 25 percent of the appraised value of such forfeited property.

- (c) **Dollar limitation—** The amount awarded and paid to any person under this section may not exceed $250,000 for any case.
- (d) **Source of payment—** Unless otherwise provided by law, any amount paid under this section shall be paid out of appropriations available for the collection of the customs revenue.
- (e) **Recovery of bail bond—** For purposes of this section, an amount recovered under a bail bond shall be deemed a recovery of a fine incurred.