[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR274.5]

[Page 642]
 
                     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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