[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: 19CFR171.54]



[Page 293-294]

 

                        TITLE 19--CUSTOMS DUTIES

 

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

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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.



[[Page 294]]



    (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]