[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR171.52]

[Page 289-291]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 171--FINES, PENALTIES, AND FORFEITURES--Table of Contents
 
               Subpart F--Expedited Petitioning Procedures
 
Sec. 171.52  Petition for expedited procedures in an administrative forfeiture proceeding.

    (a) Procedures for violations involving possession of controlled 
substance in personal use quantities. The usual procedures for petitions 
for relief when property is seized are set forth in subpart B of this 
part. However, where property

[[Page 290]]

is seized for administrative forfeiture pursuant to 21 U.S.C. 881(a) 
(4), (6) or (7), 19 U.S.C. 1595a and/or 49 U.S.C. 80303 due to 
violations involving controlled substances in personal use quantities, a 
petition may be filed pursuant to paragraphs (c) and (d) of this section 
to seek expedited procedures for release of the property. A petition 
filed pursuant to this subpart shall also serve as a petition for relief 
filed under subpart B of this part. The petition may be filed by an 
owner or interested party.
    (b) Commercial fishing industry vessels. Where a commercial fishing 
industry vessel proceeding to or from a fishing area or intermediate 
port of call or actually engaged in fishing operations is subject to 
seizure for administrative forfeiture for a violation of law involving 
controlled substances in personal use quantities, a summons to appear 
shall be issued in lieu of a physical seizure. The vessel shall report 
to the port designated in the summons no later than the date specified 
in the summons. When a commercial fishing industry vessel reports, the 
appropriate Customs officer shall, depending on the facts and 
circumstances, either issue another summons to appear at a time deemed 
appropriate, execute a constructive seizure agreement pursuant to 19 
U.S.C. 1605, or take physical custody of the vessel. When a summons to 
appear has been issued, the seizing agency may be authorized to 
institute administrative forfeiture as if the vessel had been physically 
seized. When a summons to appear has been issued, the owner or 
interested party may file a petition for expedited procedures pursuant 
to subsection (a); the provisions of subsection (a) and other provisions 
in this subpart relating to a petition for expedited release shall apply 
as if the vessel had been physically seized.
    (c) Elements to be established in petition. (1) The petition for 
expedited procedures shall establish that:
    (i) The petitioner has a valid, good faith interest in the seized 
property as owner or otherwise;
    (ii) The petitioner reasonably attempted to ascertain the use of the 
property in a normal and customary manner; and
    (iii) The petitioner did not know or consent to the illegal use of 
the property or, in the event that the petitioner knew or should have 
known of the illegal use, the petitioner did what reasonably could be 
expected to prevent the violation.
    (2) In addition, the petitioner may submit evidence to establish 
that he has statutory rights or defenses such that he would prevail in a 
judicial proceeding on the issue of forfeiture.
    (d) Manner of filing. A petition for expedited procedures must be 
filed in a timely manner to be considered by Customs. To be filed in a 
timely manner, the petition must be received by Customs within 20 days 
from the date the notice of seizure was mailed, or in the case of a 
commercial fishing industry vessel for which a summons to appear is 
issued, 20 days from the original date when the vessel is required to 
report. The petition must be sworn to by the petitioner and signed by 
the petitioner or his attorney at law. If the petitioner is a 
corporation, the petition may be sworn to by an officer or responsible 
supervisory employee thereof and signed by that individual or an 
attorney at law representing the corporation. Both the envelope and the 
request must be clearly marked ``PETITION FOR EXPEDITED PROCEDURES.'' 
The petition shall be addressed to the U.S. Customs Service and filed in 
triplicate with the Fines, Penalties, and Forfeitures Officer for the 
port where the property was seized, or for commercial fishing industry 
vessels, with the Fines, Penalties, and Forfeitures Officer for the port 
to which the vessel was required to report.
    (e) Contents of petition. The petition shall include the following:
    (1) A complete description of the property, including identification 
numbers, if any, and the date and place of the violation and seizure;
    (2) A description of the petitioner's interest in the property, 
supported by the documentation, bills of sale, contracts, mortgages, or 
other satisfactory documentary evidence; and
    (3) A statement of the facts and circumstances relied upon by the 
petitioner to justify expedited return of

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the seized property, supported by satisfactory evidence.

[T.D. 89-86, 54 FR 37602, Sept. 11, 1989; 54 FR 41364, Oct. 6, 1989, as 
amended by T.D. 99-27, 64 FR 13676, Mar. 22, 1999; T.D. 00-88, 65 FR 
78093, Dec. 14, 2000]