[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

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

[CITE: 8CFR274.15]



[Page 637-638]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 274_SEIZURE AND FORFEITURE OF CONVEYANCES--Table of Contents

 

Sec. 274.15  Remission.



    (a) The regional commissioner shall not grant remission of 

forfeiture unless the petitioner establishes:

    (1) A property interest in the conveyance;

    (2) That at no time did the petitioner have any knowledge or reason 

to believe that the conveyance was being or would be used in violation 

of the law, including satisfying any applicable provisions of Sec. 

274.18 of this part;

    (3) That the petitioner had no knowldege of the particular violation 

which subjected the conveyance to seizure and forfeiture;

    (4) That the petitioner had no knowledge that the owner nor anyone 

else using or able to use the conveyance had any record or reputation; 

had

    (5) That the petitioner had taken all reasonable steps to prevent 

the illegal use of the conveyance.

    (b) Remission of forfeiture can only be granted after a seized 

conveyance has been declared forfeited.

    (c) Grant of remission of forfeiture must be conditioned upon:

    (1) Payment to the custodian of all costs and expenses of the 

seizure and forfeiture; or, in the case of a lienholder-petitioner, 

payment of all costs and expenses of the seizure and forfeiture or the 

amount by which the appraised value exceeds the net equity of the 

lienholder-petitioner in the conveyance, whichever is greater;

    (2) Execution of an instrument by the petitioner holding the United 

States, its agents and employees, harmless from all claims which may 

result from the grant of remission of forfeiture;

    (3) Execution of an agreement by the petitioner that no property 

interest in the conveyance will be transferred to any violator; and

    (4) Any other terms or conditions as the regional commissioner 

determines to be appropriate, including a provision for liquidated 

damages to guarantee compliance with any of the provisions of the 

agreement or terms and conditions of the remission of forfeiture.

    (d) The following provisions apply only to an owner-petitioner that 

is granted remission of forfeiture:

    (1) Within 20 days after receipt of the determination, that owner-

petitioner shall comply with the conditions of remission and take 

possession of the forfeited conveyance; and

    (2) If that owner-petitioner does not comply with the provisions of 

paragraph (d)(1) of this section, the forfeited conveyance shall be 

placed in official use, sold, or otherwise disposed of by the custodian 

as provided in Sec. 274.3 of this part. The proceeds of a sale of the 

forfeited conveyance shall be applied first to all costs and expenses of 

the seizure, forfeiture, and sale and any remaining balance shall be 

paid to that owner-petitioner. If the forfeited conveyance is placed in 

official use or otherwise disposed of, that owner-petitioner shall be 

paid an amount equal to the appraised value of the conveyance minus all 

costs and expenses of the seizure, forfeiture, and disposal.

    (e) The following provisions apply only to a lienholder-petitioner 

that is granted remission of forfeiture:

    (1) That lienholder-petitioner shall receive payment of the net 

equity of that lienholder-petitioner, if the forfeited conveyance is 

placed in official use or otherwise disposed of according to law; or 

either possession of the forfeited conveyance, or a monetary amount not 

to exceed the net equity of that lienholder-petitioner from a sale of 

the forfeited conveyance;

    (2) Within 20 days after receipt of the determination, that 

lienholder-petitioner shall comply with the conditions of remission and 

take possession of the forfeited conveyance; and



[[Page 638]]



    (3) If that lienholder-petitioner does not comply with the 

provisions of paragraph (e)(2) of this section, the forfeited conveyance 

shall be placed in official use, sold, or otherwise disposed of by the 

custodian as provided in Sec. 274.3 of this part. The proceeds of a 

sale shall be applied first to all costs and expenses of the seizure, 

forfeiture, and sale and any remaining balance not exceeding the net 

equity of that lienholder-petitioner shall be paid to that lienholder-

petitioner. If the forfeited conveyance is placed in official use or 

otherwise disposed of, that lienholder-petitioner shall be paid the net 

equity of that lienholder-petitioner minus all costs and expenses of the 

seizure, forfeiture, and disposal.