[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: 19CFR162.22]



[Page 247-248]

 

                        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.  162.22  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



[[Page 248]]



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]