[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Rules and Regulations]
[Pages 37707-37708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15580]
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Rules and Regulations
Federal Register
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 75, No. 125 / Wednesday, June 30, 2010 /
Rules and Regulations
[[Page 37707]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
8 CFR Part 274
19 CFR Part 162
[USCBP-2006-0122; CBP Dec. 10-24]
RIN 1651-AA58
Administrative Process for Seizures and Forfeitures Under the
Immigration and Nationality Act and Other Authorities
AGENCY: Office of the Secretary, DHS.
ACTION: Final rule.
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SUMMARY: On February 19, 2008, the Department of Homeland Security
issued an interim final rule that consolidated the asset seizure and
forfeiture procedures for customs and immigration purposes. The interim
final rule primarily aligned forfeiture procedures to allow petitioners
to seek remission of seized property before the completion of the
forfeiture process. The interim final rule also made technical and
conforming changes to update the regulations. This final rule adopts,
without change, the interim final rule.
DATES: This final rule is effective June 30, 2010.
FOR FURTHER INFORMATION CONTACT: For CBP: Charles Ressin, Penalties
Branch, U.S. Customs and Border Protection (202) 325-0050. For ICE:
Jason J. Johnsen, Writer/Editor, Office of Policy, U.S. Immigration and
Customs Enforcement, (202) 732-4245.
SUPPLEMENTARY INFORMATION:
Background
On November 25, 2002, the President signed into law the Homeland
Security Act of 2002, Public Law 107-296, 116 Stat. 2135 (HSA). As a
result, on March 1, 2003, the former Immigration and Nationalization
Service (INS) of the Department of Justice and the former U.S. Customs
Service of the Department of the Treasury were transferred to the
Department of Homeland Security (DHS) and reorganized to become the
U.S. Citizenship and Immigration Services (USCIS), the Bureau of
Immigration and Customs Enforcement (ICE), and the Bureau of Customs
and Border Protection (CBP).\1\
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\1\ DHS subsequently changed the name of the Bureau of Customs
and Border Protection to U.S. Customs and Border Protection, and the
Bureau of Immigration and Customs Enforcement to U.S. Immigration
and Customs Enforcement on March 31, 2007 (see 72 FR 20131, dated
April 23, 2007).
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After passage of the HSA, both CBP and ICE retained authority to
perform asset seizures and forfeitures under the provisions of 8 CFR
part 274 and 19 CFR parts 162 and 171. For the purpose of improved
efficiency, DHS consolidated the processing of asset forfeitures into
CBP's operations. The regulations in titles 8 and 19, however, provided
two different procedures. Pursuant to the provisions of section 618 of
the Tariff Act of 1930, as amended (19 U.S.C. 1618), petitions for
remission of forfeitures were accepted by CBP prior to initiation of
any administrative or judicial forfeiture process. In contrast, the
regulations adopted under section 274(b) of the Immigration and
Nationality Act of 1952, as amended (8 U.S.C. 1324(b) (INA)), provided
that the remission or mitigation of such forfeitures could occur only
after completion of the forfeiture process despite the fact that this
restriction was not imposed by statute.
Interim Final Rule
On February 19, 2008, DHS issued an interim final rule amending DHS
regulations to consolidate the procedures for processing administrative
seizures and forfeitures and to make technical and conforming changes
to the regulations. The interim final rule was published in the Federal
Register at 73 FR 9010. Specifically, the interim final rule revised
the text of 8 CFR 274.1 to provide that all seizures and forfeitures
will be administered in accordance with 19 CFR parts 162 and 171. As a
result, the procedures previously used for immigration-related
forfeitures were eliminated and all asset forfeiture proceedings are
now conducted under a consolidated procedure. The change permits CBP to
entertain petitions for remission and return of seized property prior
to completing the forfeiture process, regardless of whether the seizure
was made under customs or immigration laws, and regardless of whether
it was made by CBP or ICE. Additionally, the interim final rule revised
the text of 8 CFR 274.2 to provide the Chief, Office of Border Patrol
or his designees, with the same powers that are provided to Fines,
Penalties and Forfeitures Officers in 19 CFR parts 162 and 171, for
purposes of administering seizures and forfeitures made by Border
Patrol Officers.
The interim final rule also amended the text of 19 CFR sections
162.21, 162.91, and 162.92 by replacing outdated references to Customs,
the Customs Service, or legacy Customs officials with updated
references to CBP, ICE, or the appropriate CBP or ICE officials.
Additionally, the reference to section 460 of the Tariff Act of 1930,
as amended (19 U.S.C. 1460) was removed from 19 CFR 162.22 (d) because
it had been repealed by Public Law 99-570, title III, section 3115(b),
Oct. 27, 1986, 100 Stat. 3207-82 and the paragraphs of section 162.22
were redesignated accordingly.
The interim final rule requested public comments. The prescribed
comment period closed on April 21, 2008. Only one comment was received
and its contents were beyond the scope of the interim final rule.
Conclusion
Accordingly, this rule adopts as a final rule, without change, the
interim final rule published on February 19, 2008.
Administrative Procedure Act
This rule is procedural in nature and does not alter the
substantive rights of the affected parties. Therefore, this rule is
exempt from the public notice and comment requirements pursuant to 5
U.S.C. 553(b)(A). In addition, since this final rule adopts without
change an interim final rule, which has been in effect since February
19, 2008, the delayed effective date requirement under 5 U.S.C. 553(d)
is unnecessary and does not apply.
[[Page 37708]]
Regulatory Requirements
Executive Order 12866
This rule is not a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
Because a notice of proposed rulemaking was not required for this
rule, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) do not apply.
Paperwork Reduction Act
DHS has determined that the collection of information required by
this rule falls under the ``administrative exception'' to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The ``administrative
exception,'' applies because any such collection is made during the
conduct of administrative action taken by an agency against specific
individuals or entities. 5 CFR 1320.4(a)(2).
Signing Authority
The authority to prescribe regulations to administer and enforce
the immigration laws was transferred by the Homeland Security Act to
the Secretary of Homeland Security. The signing authority for these
amendments, therefore, falls under 8 CFR 2.1.
List of Subjects
8 CFR Part 274
Administrative practice and procedure, Seizures and forfeitures,
Conveyances.
19 CFR Part 162
Administrative practice and procedure, Customs duties and
inspection, Law enforcement, Penalties, Prohibited merchandise,
Reporting and recordkeeping requirements, Seizures and forfeitures.
Amendments
0
Accordingly, the interim final rule amending part 274 of title 8 of the
Code of Federal Regulations (8 CFR part 274) and part 162 of title 19
of the Code of Federal Regulations (19 CFR part 162), which was
published in the Federal Register at 73 FR 9010 on February 19, 2008,
is adopted as a final rule without change.
Dated: June 22, 2010.
Janet Napolitano,
Secretary.
[FR Doc. 2010-15580 Filed 6-29-10; 8:45 am]
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