[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR162.22]

[Page 247]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 162--INSPECTION, SEARCH, AND SEIZURE--Table of Contents
 
                           Subpart C--Seizures
 
Sec. 162.22  Seizure of conveyances.

    (a) General applicability. If it shall appear to any officer 
authorized to board conveyances and make seizures that there has been a 
violation of any law of the United States whereby a vessel, vehicle, 
aircraft, or other conveyance, or any merchandise on board of or 
imported by such vessel, vehicle, aircraft, or other conveyance is 
liable to forfeiture, the officer shall seize such conveyance and arrest 
any person engaged in such violation. Common carriers are exempted from 
seizure except under certain specified conditions as provided for in 
section 594, Tariff Act of 1930 (19 U.S.C. 1594).
    (b) Facilitating importation contrary to law. Except as provided in 
Sec. 171.52(b), every vessel, vehicle, animal, aircraft, or other thing, 
which is being or has been used in, or to aid or facilitate, the 
importation, bringing in, unlading, landing, removal, concealing, 
harboring or subsequent transportation of any article which is being, or 
has been introduced or attempted to be introduced into the United States 
contrary to law, shall be seized and held subject to forfeiture. Any 
person who directs, assists financially or otherwise, or is in any way 
concerned in any such unlawful activity shall be liable to a penalty 
equal to the value of the article or articles involved.
    (c) Common carrier clearance. Unless specifically authorized by law, 
clearance of vessels within the common carrier exception of section 594, 
Tariff Act of 1930 (19 U.S.C. 1594), shall not be refused for the 
purpose of collecting a fine imposed upon the master or owner, unless 
either of them was a party to the illegal act. The Government's remedy 
in such cases is limited to an action against the master or owner.
    (d) Retention of vessel or vehicle pending penalty payment. If a 
penalty is incurred under section 460, Tariff Act of 1930, as amended 
(19 U.S.C. 1460), by a person in charge of a vessel or vehicle and the 
vessel or vehicle is not subject to seizure, such vessel or vehicle may 
be held by the port director under section 594, Tariff Act of 1930, 
until the penalty incurred by the person in charge has been settled.
    (e) Maritime Administration vessels; exemption from penalty. (1) 
When a vessel owned or chartered under bareboat charter by the Maritime 
Administration and operated for its account becomes liable for the 
payment of a penalty incurred for violation of the Customs revenue or 
navigation laws, clearance of the vessel shall not be withheld nor shall 
any proceedings be taken against the vessel itself looking to the 
enforcement of such liability.
    (2) This exemption shall not in any way be considered to relieve the 
master of any such vessel or other person incurring such penalties from 
personal liability for payment.

[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 89-86, 54 
FR 37602, Sept. 11, 1989]