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119th Congress

Title 19 — Customs Duties

Part V · Chapter 4 — Tariff Act of 1930

§ 1613. Disposition of proceeds of forfeited property

Statutory text

(a)

Application for remission of forfeiture and restoration of proceeds of sale; disposition of proceeds when no application has been made

Except as provided in subsection (b) of this section, any person claiming any vessel, vehicle, aircraft, merchandise, or baggage, or any interest therein, which has been forfeited and sold under the provisions of this chapter, may at any time within three months after the date of sale apply to the Secretary of the Treasury if the forfeiture and sale was under the customs laws, or to the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if the forfeiture and sale was under the navigation laws, for a remission of the forfeiture and restoration of the proceeds of such sale, or such part thereof as may be claimed by him. Upon the production of satisfactory proof that the applicant did not know of the seizure prior to the declaration or condemnation of forfeiture, and was in such circumstances as prevented him from knowing of the same, and that such forfeiture was incurred without any willful negligence or intention to defraud on the part of the applicant, the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection may order the proceeds of the sale, or any part thereof, restored to the applicant, after deducting the cost of seizure and of sale, the duties, if any, accruing on the merchandise or baggage, and any sum due on a lien for freight, charges, or contribution in general average that may have been filed. If no application for such remission or restoration is made within three months after such sale, or if the application be denied by the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection, the proceeds of sale shall be disposed of as follows:

(1)

For the payment of all proper expenses of the proceedings of forfeiture and sale, including expenses of seizure, maintaining the custody of the property, advertising and sale, and if condemned by a decree of a district court and a bond for such costs was not given, the costs as taxed by the court;

(2)

For the satisfaction of liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law; and

(3)

The residue shall be deposited in the general fund of the Treasury of the United States.1

(b)

Disposition of proceeds in excess of penalty assessed under section 1592

If merchandise is forfeited under section 1592 of this title, any proceeds from the sale thereof in excess of the monetary penalty finally assessed thereunder and the expenses and costs described in subsection (a)(1) and (2) of this section or subsection (a)(1), (a)(3), or (a)(4) of section 1613b of this title incurred in such sale shall be returned to the person against whom the penalty was assessed.

(c)

Treatment of deposits

If property is seized by the Secretary under law enforced or administered by the Customs Service, or otherwise acquired under section 1605 of this title, and relief from the forfeiture is granted by the Secretary, or his designee, upon terms requiring the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item.

(d)

Expenses

In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institution of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.

Footnotes

  1. 1 See 1984 Amendment note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 71–497 · 46 Stat. 590

    Enacted · 19 U.S.C. § 1613

    June 17, 1930, ch. 497, title IV, § 613, 46 Stat. 756

    Source evidence

    Code source credit
    June 17, 1930, ch. 497, title IV, § 613, 46 Stat. 756

  2. Pub. L. 91–271 title III § 301(b) · 84 Stat. 273

    Substituted · 19 U.S.C. § 1613

    Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector

    Source evidence

    Code amendment note
    Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector.

    Enacted provision · exact public law section
    (b) Sections 311, 315, 432, 434. 438, 441, 443–447. 449–450, 452–455, 457, 485, 490, 492, 496, 521. 555, 562, 584, 586, 609, 613, and 614 (19 U.S.U 1311, 1315, 1432, 1434, 1438, 1441, 1443–1447, 1449–1450, 1452–1455, 1457, 1485, 1490, 1492, 1496, 1521, 1555, 1562, 1584, 1586, 1609, 1613, and 1614) are amended by striking the word “collector” wherever 67 Stat. 508; 49 Stat. 524. it appears in the sections and inserting hr lieu thereof “appropriate customs officer”.

  3. Customs Procedural Reform and Simplification Act of 1978

    Pub. L. 95–410 § 110(c)(1) · 92 Stat. 888

    1. Amended · 19 U.S.C. § 1613(a)

      Pub. L. 95–410, § 110(c)(1), designated existing provisions as subsec. (a)

    2. Substituted · 19 U.S.C. § 1613(a)

      Pub. L. 95–410, § 110(c)(1), substituted “Except as provided in subsection (b) of this section, any” for “Any”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 95–410, § 110(c)(1), designated existing provisions as subsec. (a) and substituted “Except as provided in subsection (b) of this section, any” for “Any”.

    Enacted provision · exact public law section
    (1) by striking out “Any” in the first sentence and inserting in lieu thereof “(a) Except as provided in subsection (b) of this section, any”; and

  4. Customs Procedural Reform and Simplification Act of 1978

    Pub. L. 95–410 § 110(c)(2) · 92 Stat. 888

    Added · 19 U.S.C. § 1613(b)

    Pub. L. 95–410, § 110(c)(2), added subsec. (b)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–410, § 110(c)(2), added subsec. (b).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(b) If Ante, p. 893. merchandise is forfeited under section 592 of this Act, any proceeds from the sale thereof in excess of the monetary penalty finally assessed thereunder and the expenses and costs described in subsection (a)(1) and (2) of this section incurred in such sale shall be returned to the person against whom the penalty was assessed.”

  5. Department of the Interior and Related Agencies Appropriations Act, 1985

    Pub. L. 98–473 § 316 · 98 Stat. 1837

    Substituted · 19 U.S.C. § 1613(a)(3)

    Pub. L. 98–473, § 316, which directed the substitution of “The residue shall be deposited in the Customs Forfeiture Fund” for “The residue shall be deposited with the Treasurer of the United States as a customs or navigation fine” was not executed to text in view of the later amendment by section 213(a)(10)(B) of Pub. L. 98–573

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 98–473, § 316, which directed the substitution of “The residue shall be deposited in the Customs Forfeiture Fund” for “The residue shall be deposited with the Treasurer of the United States as a customs or navigation fine” was not executed to text in view of the later amendment by section 213(a)(10)(B) of Pub. L. 98–573.

    Enacted provision · exact public law section
    Sec. 316. None of the funds provided in this Act may be used for Animals. National parks, monuments, etc. National Forest System. the augmentation of grizzly bear populations in currently occupied areas of Forest Service grizzly bear habitat or the preparation of specific augmentation proposals to establish new grizzly bear populations in areas identified as suitable grizzly bear habitat in any unit of the National Park System or National Forest System unless the appropriate General Management Plan or Forest Plan provides for such augmentation and has been adopted, including having been available for public comment and review: Provided, That such activities may be conducted only with funds specifically justified for such purpose in an agency budget justification and subsequently approved in a report accompanying an appropriation bill making appropriations for that agency, or with funds provided for through reprogramming procedures: Provided further, That this is not intended to prohibit the emergency relocation of nuisance bears into currently occupied areas of congressionally designated wilderness areas within Forest Service boundaries, or into other currently occupied situation on areas where conflict between bears and humans is not likely to occur: Provided further, That the Secretaries Federal Register, publication. of Interior and Agriculture shall provide for a public meeting at each affected National Forest and National Park Headquarters and the subsequent publication of the “Guidelines for Management Involving Grizzly Bears in the Greater Yellowstone Area” in the Federal Register, reflecting the public comments: Provided further, That notwithstanding any other provision of law, agencies included in this Act are authorized to reimburse permittees for such reasonable expenses as may be incurred as a result of moving permitted animals from one location to another, as may be required by the permitting agency, in order to prevent harassment and attacks by grizzly bears. Such expenses are to be determined by the agency responsible for the permitted action.

  6. Trade and Tariff Act of 1984

    Pub. L. 98–573 § 213(a)(10)(A) · 98 Stat. 2948

    Inserted · 19 U.S.C. § 1613(a)

    Pub. L. 98–573, § 213(a)(10)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft in provisions preceding par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–573, § 213(a)(10)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft in provisions preceding par. (1).

    Enacted provision · exact public law section
    (A) by inserting “aircraft,” after “vehicle,” in the sentence beginning “Except as” in subsection (a);

    Effective date note
    Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.

  7. Trade and Tariff Act of 1984

    Pub. L. 98–573 § 213(a)(10)(B) · 98 Stat. 2948

    Substituted · 19 U.S.C. § 1613(a)(3)

    Pub. L. 98–573, § 213(a)(10)(B), substituted “in the general fund of the Treasury of the United States” for “with the Treasurer of the United States as a customs or navigation fine”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–573, § 213(a)(10)(B), substituted “in the general fund of the Treasury of the United States” for “with the Treasurer of the United States as a customs or navigation fine”.

    Enacted provision · exact public law section
    (B) by striking out “with the Treasurer of the United States as a customs or navigation fine” and inserting in lieu thereof “in the general fund of the Treasury of the United States” in paragraph (3) of the sentence beginning “If no” in subsection (a); and

    Effective date note
    Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.

  8. Trade and Tariff Act of 1984

    Pub. L. 98–573 § 213(a)(10)(C) · 98 Stat. 2948

    Inserted · 19 U.S.C. § 1613(b)

    Pub. L. 98–573, § 213(a)(10)(C), inserted “or subsection (a)(1), (a)(3), or (a)(4) of section 1613b of this title”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 98–573, § 213(a)(10)(C), inserted “or subsection (a)(1), (a)(3), or (a)(4) of section 1613b of this title”.

    Enacted provision · exact public law section
    (C) by amending subsection (b) by inserting after “and (2) of this section” the following: “or subsection (a)(1), (a)(3), or Infra. (a)(4) of section 613A of this Act”.

    Effective date note
    Amendment by Pub. L. 98–573 effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.

  9. Customs Enforcement Act of 1986

    Pub. L. 99–570 title III § 3124 · 100 Stat. 3207

    Added · 19 U.S.C. § 1613(c); 19 U.S.C. § 1613(d)

    Pub. L. 99–570 added subsecs. (c) and (d)

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 99–570 added subsecs. (c) and (d).

    Enacted provision · exact public law section
    SEC. 3124. PROCEEDS OF FORFEITED PROPERTY. Section 613 of the Tariff Act of 1930 (19 U.S.C. 1613) is amended by adding at the end thereof the following new subsections: “(c) Treatment of Deposits.— If property is seized by the Secretary under law enforced or administered by the Customs Service, or otherwise acquired under section 605, and relief from the forfeiture 19 USC 1605. is granted by the Secretary, or his designee, upon terms requiring the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item. “(d) Expenses.— In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institution of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.”.

9 of 10 references resolved to an enrolled provision · 1 partial

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in act Sept. 21, 1922, ch. 356, title IV, § 613, 42 Stat. 986. That section was superseded by section 613 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.

Provisions authorizing applications to the Secretary of the Treasury for remission of forfeitures and restoration of the proceeds of sales, and provisions substantially the same as those in this section concerning the granting of such applications, were contained in R.S. § 3078. R.S. § 3079 provided that if no application was made within three months the proceeds should be distributed in the same manner as if the property had been condemned and sold under a decree of court. R.S. § 3090, as amended by act Feb. 27, 1877, ch. 69, § 1, 19 Stat. 248, also specified how the proceeds of fines, penalties, and forfeitures incurred under customs laws, should be applied and distributed. All these sections were repealed by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989.

Amendments1938–1986 · 5 rounds

1986

Subsecs. (c), (d). Pub. L. 99–570 added subsecs. (c) and (d).

1984

Subsec. (a). Pub. L. 98–573, § 213(a)(10)(A), and Pub. L. 98–473, § 321, inserted reference to aircraft in provisions preceding par. (1).

Subsec. (a)(3). Pub. L. 98–573, § 213(a)(10)(B), substituted “in the general fund of the Treasury of the United States” for “with the Treasurer of the United States as a customs or navigation fine”.

Pub. L. 98–473, § 316, which directed the substitution of “The residue shall be deposited in the Customs Forfeiture Fund” for “The residue shall be deposited with the Treasurer of the United States as a customs or navigation fine” was not executed to text in view of the later amendment by section 213(a)(10)(B) of Pub. L. 98–573.

Subsec. (b). Pub. L. 98–573, § 213(a)(10)(C), inserted “or subsection (a)(1), (a)(3), or (a)(4) of section 1613b of this title”.

1978

Subsec. (a). Pub. L. 95–410, § 110(c)(1), designated existing provisions as subsec. (a) and substituted “Except as provided in subsection (b) of this section, any” for “Any”.

Subsec. (b). Pub. L. 95–410, § 110(c)(2), added subsec. (b).

1970

Pub. L. 91–271 substituted reference to appropriate customs officer for reference to collector.

1938

Act , inserted “and” at end of subd. (2), struck out subd. (3), and redesignated subd. (4) as (3).

Statutory Notes and Related Subsidiaries

Change of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” wherever appearing in subsec. (a) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573 effective , see section 214(e) of Pub. L. 98–573, set out as a note under section 1304 of this title.

Effective Date of 1970 Amendment

For effective date of amendment by Pub. L. 91–271, see section 203 of Pub. L. 91–271, set out as a note under section 1500 of this title.

Effective Date of 1938 Amendment

Amendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under section 1401 of this title.

Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under section 542 of Title 6.

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Coast Guard transferred to Department of Transportation, and functions, powers, and duties relating to Coast Guard of Secretary of the Treasury and of other officers and offices of Department of the Treasury transferred to Secretary of Transportation by Pub. L. 89–670, § 6(b)(1), , 80 Stat. 938. Section 6(b)(2) of Pub. L. 89–670, however, provided that notwithstanding such transfer of functions, Coast Guard shall operate as part of Navy in time of war or when President directs as provided in former section 3 (now 103) of Title 14. See section 108 of Title 49, Transportation.

Appropriations

Act June 26, 1934, ch. 756, § 2, 48 Stat. 1225, which was classified to section 725a of former Title 31, Money and Finance, repealed the permanent appropriation under the title “Proceeds of goods seized and sold (Customs) (2x322)” effective , and provided that such portions of any Acts as make permanent appropriations to be expended under such account are amended so as to authorize, in lieu thereof, annual appropriations from the general fund of the Treasury in identical terms and in such amounts as now provided by the laws providing such permanent appropriations.

Executive Documents

Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. , 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. Commissioner of Customs, referred to in text, was an officer in Department of the Treasury. Functions of Coast Guard and Commandant of Coast Guard excepted from transfer when Coast Guard is operating as part of Navy under former sections 1 and 3 (now 101 and 103) of Title 14, Coast Guard.

By Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5, Government Organization and Employees, functions of Secretary of Commerce relating to remission and mitigation of fines, penalties and forfeitures incurred for violation of navigation laws were transferred to Commandant of Coast Guard and Commissioner of Customs, subject to direction and control of Secretary of the Treasury, except as otherwise required by law with respect to United States Coast Guard whenever it operates as a part of Navy. Accordingly, references to Commandant of Coast Guard and Commissioner of Customs substituted in text for “the Secretary of Commerce”.

Credits

1930–2016 · 9 acts
  1. 1930June 17, 1930, ch. 497, title IV, § 613, 46 Stat. 756
  2. 1938June 25, 1938, ch. 679, § 29, 52 Stat. 1089
  3. 19461946 Reorg. Plan No. 3, §§ 101–104, eff. , 11 F.R. 7875, 60 Stat. 1097
  4. 1970Pub. L. 91–271, title III, § 301(b), , 84 Stat. 287
  5. 1978Pub. L. 95–410, title I, § 110(c), , 92 Stat. 896
  6. 1984Pub. L. 98–473, title II, §§ 316, 321, , 98 Stat. 2054, 2056
  7. 1984Pub. L. 98–573, title II, § 213(a)(10), , 98 Stat. 2986
  8. 1986Pub. L. 99–570, title III, § 3124, , 100 Stat. 3207–88
  9. 2016Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210.
Show as published

(June 17, 1930, ch. 497, title IV, § 613, 46 Stat. 756; June 25, 1938, ch. 679, § 29, 52 Stat. 1089; 1946 Reorg. Plan No. 3, §§ 101–104, eff. , 11 F.R. 7875, 60 Stat. 1097; Pub. L. 91–271, title III, § 301(b), , 84 Stat. 287; Pub. L. 95–410, title I, § 110(c), , 92 Stat. 896; Pub. L. 98–473, title II, §§ 316, 321, , 98 Stat. 2054, 2056; Pub. L. 98–573, title II, § 213(a)(10), , 98 Stat. 2986; Pub. L. 99–570, title III, § 3124, , 100 Stat. 3207–88; Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210.)

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