---
kind: "range"
citation: "19 U.S.C. §§ 1602–1611"
title: "19"
from: "1602"
to: "1611"
count: 10
release: "119-102"
url: "https://uscodex.org/usc/19/1602..1611"
---

# §1602. Seizure; report to customs officer


It shall be the duty of any officer, agent, or other person authorized by law to make seizures of merchandise or baggage subject to seizure for violation of the customs laws, to report every such seizure immediately to the appropriate [customs officer](/usc/19/1401.md?p=i) for the district in which such violation occurred, and to turn over and deliver to such [customs officer](/usc/19/1401.md?p=i) any vessel, vehicle, aircraft, merchandise, or baggage seized by him, and to report immediately to such [customs officer](/usc/19/1401.md?p=i) every violation of the customs laws.


# §1603. Seizure; warrants and reports

- (a) Any property which is subject to forfeiture to the [United States](/usc/19/1401.md?p=h) for violation of the customs laws and which is not subject to search and seizure in accordance with the provisions of [section 1595 of this title](/usc/19/1595.md), may be seized by the appropriate officer or person upon process issued in the same manner as provided for a search warrant under the Federal Rules of Criminal Procedure. This authority is in addition to any seizure authority otherwise provided by law.
- (b) Whenever a seizure of merchandise for violation of the customs laws is made, or a violation of the customs laws is discovered, and legal proceedings by the [United States](/usc/19/1401.md?p=h) attorney in connection with such seizure or discovery are required, it shall be the duty of the appropriate [customs officer](/usc/19/1401.md?p=i) to report promptly such seizure or violation to the [United States](/usc/19/1401.md?p=h) attorney for the district in which such violation has occurred, or in which such seizure was made, and to include in such report a statement of all the facts and circumstances of the case within his knowledge, with the names of the witnesses and a citation to the statute or statutes believed to have been violated, and on which reliance may be had for forfeiture or conviction.

# §1604. Seizure; prosecution [1](#fn)


It shall be the duty of the Attorney General of the [United States](/usc/19/1401.md?p=h) immediately to inquire into the facts of cases reported to him by [customs officers](/usc/19/1401.md?p=i) and the laws applicable thereto, and if it appears probable that any fine, penalty, or forfeiture has been incurred by reason of such[^1] violation, for the recovery of which the institution of proceedings in the [United States](/usc/19/1401.md?p=h) district court or the Court of International Trade is necessary, forthwith to cause the proper proceedings to be commenced and prosecuted, without delay, for the recovery of such fine, penalty, or forfeiture in such case provided, unless, upon inquiry and examination, the Attorney General decides that such proceedings can not probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case he shall report the facts to the [Secretary](/usc/19/1401.md?p=l) of the Treasury for his direction in the premises.


# §1605. Seizure; custody; storage


All vessels, vehicles, aircraft, merchandise, and baggage seized under the provisions of the customs laws, or laws relating to the navigation, registering, enrolling or licensing, or entry or clearance, of vessels, unless otherwise provided by law, shall be placed and remain in the custody of the appropriate [customs officer](/usc/19/1401.md?p=i) for the district in which the seizure was made to await disposition according to law.

Pending such disposition, the property shall be stored in such place as, in the [customs officer](/usc/19/1401.md?p=i)’s opinion, is most convenient and appropriate with due regard to the expense involved, whether or not the place of storage is within the judicial district or the customs collection district in which the property was seized; and storage of the property outside the judicial district or customs collection district in which it was seized shall in no way affect the jurisdiction of the court which would otherwise have jurisdiction over such property.


# §1606. Seizure; appraisement


The appropriate [customs officer](/usc/19/1401.md?p=i) shall determine the domestic value, at the time and place of appraisement, of any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws.


# §1607. Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances

- (a) **Notice of seizure—** If—
  - (1) the value of such seized vessel, vehicle, aircraft, merchandise, or baggage does not exceed $500,000;
  - (2) such seized merchandise is merchandise the importation of which is prohibited;
  - (3) such seized vessel, vehicle, or aircraft was used to import, export, transport, or store any [controlled substance](#b) or [listed chemical](#b); or
  - (4) such seized merchandise is any monetary instrument within the meaning of [section 5312(a)(3) of title 31](/usc/31/5312.md?p=a-3);

  the appropriate [customs officer](/usc/19/1401.md?p=i) shall cause a notice of the seizure of such articles and the intention to forfeit and sell or otherwise dispose of the same according to law to be published for at least three successive weeks in such manner as the [Secretary](/usc/19/1401.md?p=l) of the Treasury may direct. Written notice of seizure together with information on the applicable procedures shall be sent to each party who appears to have an interest in the seized article.

- (b) **“Controlled substance” and “listed chemical” defined—** As used in this section, the terms “controlled substance” and “listed chemical” have the meaning given such terms in [section 802 of title 21](/usc/21/802.md).
- (c) **Report to Congress—** The Commissioner of U.S. Customs and Border Protection shall submit to the Congress, by no later than February 1 of each fiscal year, a report on the total dollar value of uncontested seizures of monetary instruments having a value of over $100,000 which, or the proceeds of which, have not been deposited into the Customs Forfeiture Fund under [section 1613b of this title](/usc/19/1613b.md) within 120 days of seizure, as of the end of the previous fiscal year.

# §1608. Seizure; claims; judicial condemnation


Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate [customs officer](/usc/19/1401.md?p=i) a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the [United States](/usc/19/1401.md?p=h) in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such [customs officer](/usc/19/1401.md?p=i), conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such [customs officer](/usc/19/1401.md?p=i) shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the [United States](/usc/19/1401.md?p=h) attorney for the district in which seizure was made, who shall proceed to a condemnation of the merchandise or other property in the manner prescribed by law.


# §1609. Seizure; summary forfeiture and sale

- (a) **In general—** If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate [customs officer](/usc/19/1401.md?p=i) shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the [United States](/usc/19/1401.md?p=h) is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in [section 1613 of this title](/usc/19/1613.md), into the Customs Forfeiture Fund.
- (b) **Effect—** A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the [United States](/usc/19/1401.md?p=h). Title shall be deemed to vest in the [United States](/usc/19/1401.md?p=h) free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in [title 46](/usc/46.md)) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the [United States](/usc/19/1401.md?p=h) shall, upon application of the appropriate [customs officer](/usc/19/1401.md?p=i) accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the [United States](/usc/19/1401.md?p=h) or to any transferee of the [United States](/usc/19/1401.md?p=h).

# §1610. Seizure; judicial forfeiture proceedings


If any vessel, vehicle, aircraft, merchandise, or baggage is not subject to [section 1607 of this title](/usc/19/1607.md), the appropriate [customs officer](/usc/19/1401.md?p=i) shall transmit a report of the case, with the names of available witnesses, to the [United States](/usc/19/1401.md?p=h) attorney for the district in which the seizure was made for the institution of the proper proceedings for the condemnation of such property.


# §1611. Seizure; sale unlawful


If the sale of any vessel, vehicle, aircraft, merchandise, or baggage forfeited under the customs laws in the district in which seizure thereof was made be prohibited by the laws of the State in which such district is located, or if a sale may be made more advantageously in any other district, the [Secretary](/usc/19/1401.md?p=l) of the Treasury may order such vessel, vehicle, aircraft, merchandise, or baggage to be transferred for sale in any customs district in which the sale thereof may be permitted. Upon the request of the [Secretary](/usc/19/1401.md?p=l) of the Treasury, any court may, in proceedings for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage under the customs laws, provide in its decree of forfeiture that the vessel, vehicle, aircraft, merchandise, or baggage, so forfeited, shall be delivered to the [Secretary](/usc/19/1401.md?p=l) of the Treasury for disposition in accordance with the provisions of this section. If the [Secretary](/usc/19/1401.md?p=l) of the Treasury is satisfied that the proceeds of any sale will not be sufficient to pay the costs thereof, he may order a destruction by the [customs officers](/usc/19/1401.md?p=i): Provided, That any merchandise forfeited under the customs laws, the sale or use of which is prohibited under any law of the [United States](/usc/19/1401.md?p=h) or of any State, may, in the discretion of the [Secretary](/usc/19/1401.md?p=l) of the Treasury, be destroyed, or remanufactured into an article that is not prohibited, the resulting article to be disposed of to the profit of the [United States](/usc/19/1401.md?p=h) only.