[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR145.3]



[Page 81-82]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 145_MAIL IMPORTATIONS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  145.3  Opening of letter class mail; reading of correspondence 

prohibited.



    (a) Matter in addition to correspondence. Except as provided in 

paragraph (e), Customs officers and employees



[[Page 82]]



may open and examine sealed letter class mail subject to Customs 

examination which appears to contain matter in addition to, or other 

than, correspondence, provided they have reasonable cause to suspect the 

presence of merchandise or contraband.

    (b) Only correspondence. No Customs officer or employee shall open 

sealed letter class mail which appears to contain only correspondence 

unless prior to the opening:

    (1) A search warrant authorizing that action has been obtained from 

an appropriate judge of United States magistrate, or

    (2) The sender or the addressee has given written authorization for 

the opening.

    (c) Reading of correspondence. No Customs officer or employee shall 

read, or authorize or allow any other person to read, any correspondence 

contained in any letter class mail, whether or not sealed, unless prior 

to the reading:

    (1) A search warrant authorizing that action has been obtained from 

an appropriate judge or United States magistrate, or

    (2) The sender or the addressee has given written authorization for 

the reading.

    (d) Other types of correspondence. The provisions of paragraph (c) 

shall also apply to correspondence between school children and 

correspondence of the blind which are authorized to be mailed at other 

than the letter rate of postage in international mail.

    (e) Certain Virgin Islands mail. First class mail originating in the 

Customs territory of the United States and arriving in the U.S. Virgin 

Islands, which is to be delivered within the U.S. Virgin Islands, shall 

not be opened unless:

    (1) A search warrant authorizing that action has been obtained from 

an appropriate judge or United States magistrate, or

    (2) The sender or the addressee has been given written authorization 

for the opening.



[T.D. 78-102, 43 FR 14454, Apr. 6, 1978]