[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 257-258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-133]



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[[Page 258]]


DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 162

[T.D. 96-6]
RIN 1515-AB72


Search Warrants

AGENCY: Customs Service, Department of the Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations by removing a 
regulation limiting the authority of Customs officers to whom search 
warrants are issued. The current regulation restricts such officers 
from removing letters, documents and other records in certain 
circumstances. The regulation is inconsistent with the current state of 
the law.

EFFECTIVE DATE: February 5, 1996.

FOR FURTHER INFORMATION CONTACT: Lars-Erik Hjelm, Office of the Chief 
Counsel, at 202-927-6900.

SUPPLEMENTARY INFORMATION:

Background

    Section 162.14 of the Customs Regulations (19 CFR 162.14) provides 
that Customs officers to whom a search warrant is issued may not remove 
letters, other documents and records during the execution of the 
warrant, unless such letters, other documents and records are 
instruments of crime which are seized pursuant to a lawful arrest. When 
it was drafted, the statutory basis for this regulation was found in 
section 595 of the Tariff Act of 1930 (19 U.S.C. 1595). Until 1986, 
section 595 only authorized Customs to obtain warrants for merchandise.
    In 1986, section 595 was expanded to allow Customs to seize ``. . . 
any document . . . which is evidence of a violation . . . of any . . . 
law enforced or administered by the United States Customs Service.'' 
Pub. L. 99-570, Title III, Sec. 3122, 100 Stat. 3207-87.
    In addition to section 595, section 589 of the Tariff Act of 1930 
(19 U.S.C. 1589a(2)), provides expanded authority for Customs officers 
with warrants to seize documents. Section 589 provides Customs officers 
with authority to execute and serve any warrant issued under the 
authority of the United States. As a search warrant issued under Rule 
41 of the Federal Rules of Criminal Procedure (Fed. R. Crim. P., Rule 
41, 18 U.S.C. App.) can now be issued for, among other things, 
documents constituting evidence of crimes (See United States v. 
Thompson, 495 F. 2d 165 (D.C. Cir 1974); United States v. Michaelian, 
803 F. 2d 1042 (9th Cir. 1986)), it is clear that section 589 read in 
conjunction with Rule 41 provides Customs officers with authority to 
search for and seize documentary evidence. Further, the Supreme Court 
has made it clear that officers may seize incriminating evidence during 
the course of a lawful search. Horton v. California, 496 U.S. 128 
(1990).
    Inasmuch as section 162.14 of the Customs Regulations, no longer 
reflects the state of the law regarding the search and seizure 
authority of Customs officers, Customs proposed removing the regulation 
in a Notice of Proposed Rulemaking published in the Federal Register on 
July 12, 1995 (60 FR 35881). A correction document regarding the notice 
was published in the Federal Register (60 FR 37856) on July 24, 1995.

Determination

    No comments were received in response to the Notice of Proposed 
Rulemaking. After further review, Customs has determined to proceed 
with the removal of section 162.14, Customs Regulations (19 CFR 
162.14).

Regulatory Flexibility Act and Executive Order 12866

    Pursuant to the provisions of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) and based upon the information set forth above, it 
is certified that the removal of Sec. 162.14 will not have a 
significant economic impact on a substantial number of small entities. 
Accordingly, the amendment is not subject to the regulatory analysis or 
other requirements of 5 U.S.C. 603 and 604.
    This document does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

Drafting Information

    The principal author of this document was Janet L. Johnson, 
Regulations Branch. However, personnel from other offices participated 
in its development.

List of Subjects in Part 162

    Administrative practice and procedure, Customs duties and 
inspection, Drug traffic control, Exports, Law enforcement, Marijuana, 
Penalties, Reporting and recordkeeping requirements, Search warrants, 
Seizures and forfeitures.

Amendment to the Regulations

    For the reasons set forth in the preamble, part 162 of the Customs 
Regulations is amended as set forth below.

PART 162--RECORDKEEPING, INSPECTION, SEARCH AND SEIZURE

    1. The general authority for part 162 continues to read as follows:

    Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1624.


Sec. 162.14   [Removed]

    2. Section 162.14 is removed.
William F. Riley,
Acting Commissioner of Customs.

    Approved: December 28, 1995.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-133 Filed 1-3-96; 8:45 am]
BILLING CODE 4820-02-P