[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: 19CFR171.54]

[Page 293]
 
                        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. 171.54  Substitute res in an administrative forfeiture action.

    (a) Substitute res. Where property is seized for administrative 
forfeiture for a violation involving controlled substances in personal 
use quantities, the owner or interested party may offer to post an 
amount equal to the appraised value of the property (the res) to obtain 
release of the property. The offer, which may be tendered at any time 
subsequent to seizure and up until the completion of administrative 
forfeiture proceedings, must be in the form of cash, irrevocable letter 
of credit, certified funds such as a certified check, traveler's 
check(s), or money order made payable to U.S. Customs. Unless the 
property is evidence of a violation of law or has other characteristics 
that particularly suit it for use in illegal activities, it will be 
released to the owner or interested party subsequent to tender of the 
substitute res.
    (b) Forfeiture of res. If a substitute res is posted and it is 
determined that the property should be administratively forfeited, the 
res will be forfeited in lieu of the property.

[T.D. 89-86, 54 FR 37602, Sept. 11, 1989]