2018 US Code
Title 19 - Customs Duties
Chapter 4 - Tariff Act of 1930
Subtitle III - Administrative Provisions
Part V - Enforcement Provisions
Sec. 1616a - Disposition of forfeited property
19 U.S.C. § 1616a (2018) |
§1616a. Disposition of forfeited property |
(a) State proceedings
The Secretary of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law. (b) Transfer of seized property; noticeIf forfeiture proceedings are discontinued or dismissed under this section— (1) the United States may transfer the seized property to the appropriate State or local official; and (2) notice of the discontinuance or dismissal shall be provided to all known interested parties. (1) The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph (A) or (B), or both: (A) Retain any of the property for official use. (B) Transfer any of the property to— (i) any other Federal agency; (ii) any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property; or (iii) the Civil Air Patrol. (2) The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer— (A) has been agreed to by the Secretary of State; (B) is authorized in an international agreement between the United States and the foreign country; and (C) is made to a country which, if applicable, has been certified under section 2291j(b) of title 22. (3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of paragraph (1)(B)(iii). (d) Liability of United States after transferThe United States shall not be liable in any action relating to property transferred under this section if such action is based on an act or omission occurring after the transfer. |
(June 17, 1930, ch. 497, title IV, §616, as added Pub. L. 98–573, title II, §213(a)(14), Oct. 30, 1984, 98 Stat. 2987; amended Pub. L. 99–570, title I, §1863(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L. 100–690, title VII, §7366(a), Nov. 18, 1988, 102 Stat. 4478; Pub. L. 101–207, §3(e), Dec. 7, 1989, 103 Stat. 1834; Pub. L. 103–447, title I, §102(c), Nov. 2, 1994, 108 Stat. 4693.) |
CODIFICATION
Another section 616 of act June 17, 1930, as added by Pub. L. 98–473, title II, §318, Oct. 12, 1984, 98 Stat. 2055, was classified to section 1616 of this title and subsequently repealed. AMENDMENTS1994—Subsec. (c)(2)(C). Pub. L. 103–447 substituted "section 2291j(b) of title 22" for "section 2291(h) of title 22". 1989—Subsec. (c)(1)(B). Pub. L. 101–207, §3(e)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "Transfer any of the property to any— "(i) other Federal agency; or "(ii) State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property." Subsec. (c)(3). Pub. L. 101–207, §3(e)(2), added par. (3). 1988—Subsec. (c). Pub. L. 100–690 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "The Secretary of the Treasury may transfer any property forfeited under this chapter to any other Federal agency or to any State or local law enforcement agency which participated directly in the seizure or forfeiture of the property." 1986—Subsec. (c). Pub. L. 99–570 inserted "any other Federal agency or to" after "property forfeited under this chapter to". EFFECTIVE DATE OF 1988 AMENDMENTPub. L. 100–690, title VII, §7366(b), Nov. 18, 1988, 102 Stat. 4479, provided that: "The amendment made by subsection (a) [amending this section] applies with respect to property forfeited under the Tariff Act of 1930 [this chapter] on or after the date of the enactment of this Act [Nov. 18, 1988]." EFFECTIVE DATESection effective Oct. 15, 1984, see section 214(e) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1304 of this title. |
United States Code, 2018 Edition, Title 19 - CUSTOMS DUTIES |
Bills and Statutes |
United States Code |
Y 1.2/5: |
Title 19 - CUSTOMS DUTIES CHAPTER 4 - TARIFF ACT OF 1930 SUBTITLE III - ADMINISTRATIVE PROVISIONS Part V - Enforcement Provisions Sec. 1616a - Disposition of forfeited property |
section 1616a |
2018 |
January 14, 2019 |
No |
standard |
98 Stat. 2987, 2055 100 Stat. 3207-54 102 Stat. 4478, 4479 103 Stat. 1834 108 Stat. 4693 |
Public Law 98-473, Public Law 98-573, Public Law 99-570, Public Law 100-690, Public Law 101-207, Public Law 103-447 |