[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31268-31269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10434]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Administrative Forfeiture: New Publication Timeline for the 
Notice of Seizure and Intent To Forfeit

AGENCY: U.S. Customs and Border Protection; Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: This notice announces that U.S. Customs and Border Protection 
(CBP) is changing its processes concerning the publication of the 
Notice of Seizure and Intent to Forfeit for CBP seizures and 
administrative forfeitures. Currently, CBP neither publishes the Notice 
of Seizure and Intent to Forfeit online (available at 
www.forfeiture.gov) nor does it post such a notice, if required, at the 
appropriate U.S. Customhouse or U.S. Border Patrol Station or Sector 
office until the administrative process has been exhausted. CBP will 
now publish the Notice of Seizure and Intent to Forfeit online and, if 
required, post it at the appropriate U.S. Customhouse or U.S. Border 
Patrol Station or Sector office at approximately the same time that it 
first sends a written Notice of Seizure to the party or parties it has 
identified as potentially having an interest in property seized by CBP. 
The new publication timeline will make the administrative forfeiture 
process more efficient without affecting the rights or obligations of 
any interested party.

DATES: This general notice is effective on May 16, 2023.

FOR FURTHER INFORMATION CONTACT: Lisa Santana Fox, Director, Fines, 
Penalties and Forfeitures Division, Office of Field Operations, U.S. 
Customs and Border Protection at (202) 344-2150 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    U.S. Customs and Border Protection (CBP) has the authority to seize 
property for violations of customs laws and other laws enforced by CBP. 
See, e.g., Title 19, United States Code Section 482 (19 U.S.C. 482), 19 
U.S.C. 1581, and 19 U.S.C. 1602; see also Title 19, Code of Federal 
Regulations Section 162.21 (19 CFR 162.21). CBP has the authority to 
administratively forfeit property if the seized property meets certain 
conditions. 19 U.S.C. 1607. 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. See id. CBP may also administratively forfeit 
prohibited merchandise, monetary instruments as defined by 31 U.S.C. 
5312(a)(3), or other property that does not exceed $500,000 in 
value.\1\ Id.
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    \1\ If the seized property is not eligible for an administrative 
forfeiture process, CBP will refer the case for judicial forfeiture. 
See 19 U.S.C. 1610; 19 CFR 162.32(c).
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    The procedural aspects of the administrative forfeiture process are 
governed by one of two statutes. The first statute is Section 2 of the 
Civil Asset Forfeiture Reform Act of 2000 (CAFRA) (Pub. L. 106-185, 114 
Stat. 202), codified at 18 U.S.C. 983. CAFRA provides certain 
procedures that CBP must follow when proceeding with a seizure and 
forfeiture under that statutory authority. See also 19 CFR part 162, 
subpart H (CBP regulations

[[Page 31269]]

implementing CAFRA as it applies to seizures made by CBP). CAFRA does 
not apply, however, to all CBP seizures.\2\ When CAFRA does not apply, 
the procedural aspects of the seizure and forfeiture process are 
governed by the Tariff Act of 1930, as amended (codified at 19 U.S.C. 
1600, et seq.), and CBP's regulations at 19 CFR parts 162 and 171. 
Although CAFRA and the Tariff Act of 1930, as amended, specify 
different procedures and timeframes, the general administrative 
forfeiture process is the same under both statutes. A brief description 
of that process follows.
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    \2\ CAFRA does not apply to seizures authorized under the Tariff 
Act of 1930, as amended, or any other provision of law codified in 
title 19, the Internal Revenue Code of 1986, 26 U.S.C. 1, et seq., 
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301, et seq.), 
the Trading with the Enemy Act (50 U.S.C. 4301, et seq.), the 
International Emergency Economic Powers Act (50 U.S.C. 1701, et 
seq.), and Section 1 of Title VI of the Act of June 15, 1917 (40 
Stat. 233, 22 U.S.C. 401).
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    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. See 19 CFR 162.31, 162.92. The Notice of 
Seizure provides notice of the seizure and outlines the options for 
responding. After receiving the Notice of Seizure, a party interested 
in seeking relief must timely file a claim or a petition with CBP or 
make an offer in compromise.\3\
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    \3\ For seizures under CAFRA, an interested party must file a 
claim within 35 calendar days after the date the notice of seizure 
is mailed. 19 CFR 162.94(b). Filing a claim means that the seizure 
will be transferred to a court for a judicial forfeiture process. 
See 19 CFR 162.94(f). For CAFRA and non-CAFRA seizures, an 
interested party must file a petition within 30 days from the date 
that the Notice of Seizure is mailed. 19 CFR 171.2(b). CBP will 
process the petition according to 19 CFR part 171. Additionally, at 
any time prior to forfeiture, an interested party may make an offer 
in compromise in accordance with 19 U.S.C. 1617 and 19 CFR 161.5. 
See also 19 CFR 171.31.
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    In addition to the Notice of Seizure, which is mailed to interested 
parties, CBP also publishes a Notice of Seizure and Intent to Forfeit 
on an official government forfeiture website (available at 
www.forfeiture.gov). The purpose of the Notice of Seizure and Intent to 
Forfeit is to provide notice to the public of the seizure and impending 
administrative forfeiture and allow any interested party who did not 
receive a Notice of Seizure to file a claim with CBP. See 19 U.S.C. 
1607; 19 CFR 162.45(b). CBP publishes the Notice of Seizure and Intent 
to Forfeit on the government website for at least 30 consecutive days. 
19 CFR 162.45(b). For property valued at $5,000 or less, CBP also posts 
the Notice of Seizure and Intent to Forfeit for three successive weeks 
in a conspicuous place that is accessible to the public at the 
appropriate U.S. Customhouse or U.S. Border Patrol Station or Sector 
office. 19 CFR 162.45(b)(2).
    Any party seeking relief from the seizure and administrative 
forfeiture, and who did not receive a Notice of Seizure, may file a 
claim with CBP but the claim must be timely. See 18 U.S.C. 983(a)(2); 
19 U.S.C. 1608; see also 19 CFR 162.47(a), 162.94(b). For seizures 
subject to CAFRA, where the notice of seizure is not received, the 
party must file the claim within 30 calendar days after the date of 
final publication of the Notice of Seizure and Intent to Forfeit. 19 
CFR 162.94(b). For all other seizures, the party must file a claim 
within 20 days from the date of the first publication of the Notice of 
Seizure and Intent to Forfeit and must include a cash bond, unless CBP 
has waived the bond requirement. See 19 U.S.C. 1608; 19 CFR 162.47. The 
applicable deadline is specified in the Notice of Seizure and Intent to 
Forfeit.
    If no action is taken by interested parties in response to either 
the Notice of Seizure or the Notice of Seizure and Intent to Forfeit 
(or if CBP denies a petition or offer in compromise), CBP will execute 
a Declaration of Administrative Forfeiture declaring the property 
forfeited and transferring full title of the forfeited property to CBP.
    It has been CBP's practice to first mail the Notice of Seizure to 
any party identified by CBP as potentially having an interest in the 
property and then wait either for a party to file a claim or petition 
or for those respective timeframes to expire before publishing the 
Notice of Seizure and Intent to Forfeit. Once the deadline for filing a 
claim or petition has passed (or the administrative process has been 
exhausted), CBP has historically published the Notice of Seizure and 
Intent to Forfeit on the official government forfeiture website and, if 
required, posted it at the appropriate U.S. Customhouse or U.S. Border 
Patrol Station or Sector office.

New Publication Timeline for the Notice of Seizure and Intent To 
Forfeit

    This notice announces that CBP now will publish a Notice of Seizure 
and Intent to Forfeit on the official government forfeiture website 
(and post the notice at the relevant U.S. Customhouse or U.S. Border 
Patrol Station or Sector office, if applicable) at approximately the 
same time that it first sends a written Notice of Seizure to the party 
or parties identified as potentially having an interest in the 
property. CBP will no longer wait for the timeframe for filing a claim 
or petition to expire before publishing or posting the Notice of 
Seizure and Intent to Forfeit. This means that both the parties 
identified by CBP as potentially having an interest in the property and 
the public will be notified of the seizure and impending administrative 
forfeiture at approximately the same time.
    This new publication timeline will apply to all property seized by 
CBP and eligible for administrative forfeiture, including seizures 
governed by CAFRA and by the Tariff Act of 1930, as amended. This 
includes seizures processed by CBP on behalf of U.S. Immigration and 
Customs Enforcement, Homeland Security Investigations. The new 
publication timeline does not apply to Schedule I and Schedule II 
controlled substances, which are summarily forfeited without notice. 
See 21 U.S.C. 881(f) and 19 CFR 162.45a.
    This change will enable CBP to process seizures and forfeitures 
more efficiently. By notifying the public earlier in the process, all 
parties with a potential interest in the property will be identified 
earlier. Additionally, CBP expects that the overall processing time for 
seizures will decrease, allowing it to spend fewer resources on 
storage, inventory, and other administrative functions related to 
managing seized property.
    The new publication timeline for the Notice of Seizure and Intent 
to Forfeit does not affect the rights or obligations of any interested 
party. This document does not change any of the respective deadlines 
for filing for relief, either in response to a Notice of Seizure or a 
Notice of Seizure and Intent to Forfeit. All interested parties will 
continue to be subject to the applicable requirements and deadlines 
specified by statute and in CBP's regulations. CBP is not changing any 
of its regulations or other procedures at this time.

Pete Flores,
Executive Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection.
[FR Doc. 2023-10434 Filed 5-15-23; 8:45 am]
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