[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: 19CFR162.21]



[Page 247]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

PART 162_INSPECTION, SEARCH, AND SEIZURE--Table of Contents

 

                           Subpart C_Seizures

 

Sec.  162.21  Responsibility and authority for seizures.





    (a) Seizures by Customs officers. Property may be seized, if 

available, by any Customs officer who has reasonable cause to believe 

that any law or regulation enforced by the Customs Service has been 

violated, by reason of which the property has become subject to seizure 

or forfeiture. This paragraph does not authorize seizure when seizure or 

forfeiture is restricted by law or regulation (see, for example, Sec.  

162.75), nor does it authorize a remedy other than seizure when seizure 

or forfeiture is required by law or regulation. A receipt for seized 

property shall be given at the time of seizure to the person from whom 

the property is seized.

    (b) Seizure by persons other than Customs officers. The port 

director may adopt a seizure made by a person other than a Customs 

officer if such port director has reasonable cause to believe that the 

property is subject to forfeiture under the Customs laws.

    (c) Seizure by State official. If a duly constituted State official 

has seized any merchandise, vessel, aircraft, vehicle, or other 

conveyance under provisions of the statutes of such State, such property 

shall not be seized by a Customs officer unless the property is 

voluntarily turned over to him to be proceeded against under the Federal 

statutes.



[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 79-160, 44 

FR 31956, June 4, 1979]