§ 1621. Limitation of actions

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. 1930

   Pub. L. 71–497 · 46 Stat. 590

   Enacted · 19 U.S.C. § 1621

   June 17, 1930, ch. 497, title IV, § 621, 46 Stat. 758

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 621, 46 Stat. 758

2. 1978

   Customs Procedural Reform and Simplification Act of 1978

   Pub. L. 95–410 title I § 110(e) · 92 Stat. 888

   Changed · 19 U.S.C. § 1621

   Pub. L. 95–410 prescribed for any suit or action for violation of section 1592 of this title arising out of gross negligence or negligence a five year limitation period following date of alleged violation

   Source evidence

   Code amendment note
   Pub. L. 95–410 prescribed for any suit or action for violation of section 1592 of this title arising out of gross negligence or negligence a five year limitation period following date of alleged violation.

   Enacted provision · exact public law section
   (e) Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is amended by inserting the following after “Provided, That”: “in the case of an alleged violation of section 592 of this Act arising out of Ante, p. 893. gross negligence or negligence, such suit or action shall not be instituted more than five years after the date the alleged violation was committed: Provided further, That”.

3. 1993

   North American Free Trade Agreement Implementation Act

   Pub. L. 103–182 title VI § 668 · 107 Stat. 2057

   1. Inserted · 19 U.S.C. § 1621

      Pub. L. 103–182 inserted “any duty under section 1592(d), 1593a(d) of this title, or” before “any pecuniary penalty”

   2. Substituted · 19 U.S.C. § 1621

      Pub. L. 103–182 substituted “discovered; except that—” along with pars. (1) and (2) for “discovered: Provided, That in the case of an alleged violation of section 1592 of this title arising out of gross negligence or negligence, such suit or action shall not be instituted more than five years after the date the alleged violation was committed: Provided further, That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation.”

   Source evidence

   Code amendment note
   Pub. L. 103–182 inserted “any duty under section 1592(d), 1593a(d) of this title, or” before “any pecuniary penalty” and substituted “discovered; except that—” along with pars. (1) and (2) for “discovered: Provided, That in the case of an alleged violation of section 1592 of this title arising out of gross negligence or negligence, such suit or action shall not be instituted more than five years after the date the alleged violation was committed: Provided further, That the time of the absence from the United States of the person subject to such penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within this period of limitation.”

   Enacted provision · exact public law section
   SEC. 668. LIMITATION ON ACTIONS. Section 621 (19 U.S.C. 1621) is amended— (1) by inserting “any duty under section 592(d), 593A(d), or” before “any pecuniary penalty”; and (2) by striking out “discovered:” and all that follows thereafter and inserting the following: “discovered; except that— “(1) in the case of an alleged violation of section 592 or 593A, no suit or action (including a suit or action for restoration of lawful duties under subsection (d) of such sections) may be instituted unless commenced within 5 years after the date of the alleged violation or, if such violation arises out of fraud, within 5 years after the date of discovery of fraud, and “(2) the time of the absence from the United States of the person subject to the penalty or forfeiture, or of any concealment or absence of the property, shall not be reckoned within the 5-year period of limitation.”.

4. 2000

   Civil Asset Forfeiture Reform Act of 2000

   Pub. L. 106–185 § 11 · 114 Stat. 202

   Inserted · 19 U.S.C. § 1621

   Pub. L. 106–185 inserted “, or in the case of forfeiture, within 2 years after the time when the involvement of the property in the alleged offense was discovered, whichever was later” after “within five years after the time when the alleged offense was discovered” in introductory provisions

   Source evidence

   Code amendment note
   Pub. L. 106–185 inserted “, or in the case of forfeiture, within 2 years after the time when the involvement of the property in the alleged offense was discovered, whichever was later” after “within five years after the time when the alleged offense was discovered” in introductory provisions.

   Enacted provision · exact public law section
   SEC. 11. STATUTE OF LIMITATIONS FOR CIVIL FORFEITURE ACTIONS. Section 621 of the Tariff Act of 1930 (19 U.S.C. 1621) is amended by inserting “, or in the case of forfeiture, within 2 years after the time when the involvement of the property in the alleged offense was discovered, whichever was later” after “within five years after the time when the alleged offense was discovered”.

   Effective date note
   Amendment by Pub. L. 106–185 applicable to any forfeiture proceeding commenced on or after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality.

4 of 5 references resolved to an enrolled provision · 1 partial