[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: 8CFR274.5]



[Page 634]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

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

 

Sec. 274.5  Return to owner of seized conveyance not subject to 

forfeiture; opportunity for personal interview.



    (a) The Service shall attempt with due diligence to ascertain the 

ownership of any conveyance seized pursuant to section 274(b) of the Act 

and this part, in order to determine whether the conveyance is subject 

to forfeiture.

    (b) The following conveyances are not subject to forfeiture:

    (1) A conveyance used by any person as a common carrier, unless it 

appears that the owner or other person in charge was a consenting party 

or privy to the illegal use of the conveyance; and

    (2) A conveyance established by the owner to have been unlawfully in 

the possession of a person other than the owner in violation of the 

criminal laws of the United States or of any state of the United States 

as defined in section 101(a)(38) of the Act.

    (c) The owner of a seized conveyance shall be informed of the right 

to request a personal interview with an immigration officer and to 

present evidence to establish:

    (1) That the conveyance was not subject to seizure; or

    (2) That the conveyance is not subject to forfeiture; or

    (3) That the conveyance was used in an act to which the owner was 

not privy, or did not consent, and the owner took all reasonable steps 

to prevent the illegal use of the conveyance.

    If it is determined that the owner has established that paragraphs 

(c)(1) or (c)(2) of this section apply to the seized conveyance, that 

seized conveyance shall be returned to the owner as provided in 

paragraph (e) of this section; and if it is determined that the owner 

has established that paragraph (c)(3) of this section applies to the 

seized conveyance, that seized conveyance may be returned to the owner 

as provided in paragraph (d) of this section.

    (d) At any time after seizure the regional commissioner may 

determine that it is in the best interests of justice not to pursue 

forfeiture of a seized conveyance which is otherwise subject to 

forfeiture. If such a determination is made, that seized conveyance 

shall be returned to the owner as provided in paragraph (e) of this 

section.

    (e) The owner of a seized conveyance to be returned pursuant to 

paragraphs (c) or (d) of this section will be notified of the conditions 

of obtaining possession and that possession of the seized conveyance 

must be taken within 20 days of receipt of notice of the availability of 

the seized conveyance for return. If the owner has not complied with the 

conditions of obtaining possession and taken possession of the seized 

conveyance within that 20 day period, that seized conveyance shall be 

considered voluntarily abandoned to the United States, and the custodian 

shall dispose of that seized conveyance as provided in Sec. 274.3 of 

this part. The conditions of obtaining possession of a seized conveyance 

available for return pursuant to paragraphs (c) and (d) of this section 

are as follows:

    (1) If paragraph (c)(1) of this section applies to the seized 

conveyance, there shall be no conditions for obtaining possession;

    (2) If paragraphs (c)(2), (c)(3), or (d) of this section apply to 

the seized conveyance, the owner shall pay all costs and expenses of 

seizure and shall execute an instrument holding the United States, its 

agents and employees, harmless from all claims which may result from the 

seizure and return of the seized conveyance.

    (f) If a seized conveyance being returned to the owner pursuant to 

this section is the subject of judicial forfeiture proceedings, the 

regional commissioner shall notify the United States Attorney that a 

determination has been made that the seized conveyance is to be returned 

to the owner and request that the judicial forfeiture proceedings be 

terminated.



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