[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274.15]

[Page 627-628]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 274--SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents
 
Sec. 274.15  Remission.

    (a) The regional commissioner shall not grant remission of 
forfeiture unless the petitioner establishes:
    (1) A property interest in the conveyance;
    (2) That at no time did the petitioner have any knowledge or reason 
to believe that the conveyance was being or would be used in violation 
of the law, including satisfying any applicable provisions of 
Sec. 274.18 of this part;
    (3) That the petitioner had no knowldege of the particular violation 
which subjected the conveyance to seizure and forfeiture;
    (4) That the petitioner had no knowledge that the owner nor anyone 
else

[[Page 628]]

using or able to use the conveyance had any record or reputation; had
    (5) That the petitioner had taken all reasonable steps to prevent 
the illegal use of the conveyance.
    (b) Remission of forfeiture can only be granted after a seized 
conveyance has been declared forfeited.
    (c) Grant of remission of forfeiture must be conditioned upon:
    (1) Payment to the custodian of all costs and expenses of the 
seizure and forfeiture; or, in the case of a lienholder-petitioner, 
payment of all costs and expenses of the seizure and forfeiture or the 
amount by which the appraised value exceeds the net equity of the 
lienholder-petitioner in the conveyance, whichever is greater;
    (2) Execution of an instrument by the petitioner holding the United 
States, its agents and employees, harmless from all claims which may 
result from the grant of remission of forfeiture;
    (3) Execution of an agreement by the petitioner that no property 
interest in the conveyance will be transferred to any violator; and
    (4) Any other terms or conditions as the regional commissioner 
determines to be appropriate, including a provision for liquidated 
damages to guarantee compliance with any of the provisions of the 
agreement or terms and conditions of the remission of forfeiture.
    (d) The following provisions apply only to an owner-petitioner that 
is granted remission of forfeiture:
    (1) Within 20 days after receipt of the determination, that owner-
petitioner shall comply with the conditions of remission and take 
possession of the forfeited conveyance; and
    (2) If that owner-petitioner does not comply with the provisions of 
paragraph (d)(1) of this section, the forfeited conveyance shall be 
placed in official use, sold, or otherwise disposed of by the custodian 
as provided in Sec. 274.3 of this part. The proceeds of a sale of the 
forfeited conveyance shall be applied first to all costs and expenses of 
the seizure, forfeiture, and sale and any remaining balance shall be 
paid to that owner-petitioner. If the forfeited conveyance is placed in 
official use or otherwise disposed of, that owner-petitioner shall be 
paid an amount equal to the appraised value of the conveyance minus all 
costs and expenses of the seizure, forfeiture, and disposal.
    (e) The following provisions apply only to a lienholder-petitioner 
that is granted remission of forfeiture:
    (1) That lienholder-petitioner shall receive payment of the net 
equity of that lienholder-petitioner, if the forfeited conveyance is 
placed in official use or otherwise disposed of according to law; or 
either possession of the forfeited conveyance, or a monetary amount not 
to exceed the net equity of that lienholder-petitioner from a sale of 
the forfeited conveyance;
    (2) Within 20 days after receipt of the determination, that 
lienholder-petitioner shall comply with the conditions of remission and 
take possession of the forfeited conveyance; and
    (3) If that lienholder-petitioner does not comply with the 
provisions of paragraph (e)(2) of this section, the forfeited conveyance 
shall be placed in official use, sold, or otherwise disposed of by the 
custodian as provided in Sec. 274.3 of this part. The proceeds of a sale 
shall be applied first to all costs and expenses of the seizure, 
forfeiture, and sale and any remaining balance not exceeding the net 
equity of that lienholder-petitioner shall be paid to that lienholder-
petitioner. If the forfeited conveyance is placed in official use or 
otherwise disposed of, that lienholder-petitioner shall be paid the net 
equity of that lienholder-petitioner minus all costs and expenses of the 
seizure, forfeiture, and disposal.