Code of Federal Regulations · Section
§ 12.150 — Merchandise Prohibited By Economic Sanctions; Detention; Seizure Or Other Disposition; Blocked Property
19 C.F.R. § 12.150
(a) Generally. Merchandise from certain countries designated by the President as constituting a threat to the national security, foreign policy, or economy of the United States shall be detained until the question of its release, seizure, or other disposition has been determined under law and regulations issued by the Treasury Department's Office of Foreign Assets Control (OFAC) (31 CFR Chapter V).
(b) Seizure. When an unlicensed importation of merchandise subject to OFAC's regulations is determined to be prohibited, no entry for any purpose shall be permitted and, unless the immediate reexportation or other disposition of such merchandise under Customs supervision has previously been authorized by OFAC, the merchandise shall be seized.
(c) Licenses. OFAC's regulations may authorize OFAC to issue licenses on a case-by-case basis authorizing the importation of otherwise prohibited merchandise under certain conditions. If such a license is issued subsequent to the attempted entry and seizure of the merchandise, importation shall be conditioned upon the importer:
(1) Agreeing in writing to hold the Government harmless, and
(2) Paying any storage and other Customs fees, costs, or expenses, as well as any mitigated forfeiture amount or monetary penalty imposed or assessed by Customs or OFAC, or both.
(d) Blocked property. Merchandise which constitutes property in which the government or any national of certain designated countries has an interest may be blocked (frozen) pursuant to OFAC's regulations and may not be transferred, sold, or otherwise disposed of without an OFAC license.
(e) Additional information. For further information concerning importing merchandise prohibited under economic sanctions programs currently in effect, the Office of Foreign Assets Control of the Department of the Treasury should be contacted. The address of that office is 1500 Pennsylvania Ave., NW., Annex 2nd Floor, Washington, DC 20220.
Authorizing Statute
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Importation of wild mammals and birds in violation of foreign law19 U.S.C. § 1527
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Bonds and other security19 U.S.C. § 1623
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Definitions7 U.S.C. § 136
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Regulations and hearings21 U.S.C. § 371
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No remission or refund after release of merchandise19 U.S.C. § 1558
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Findings19 U.S.C. § 3901
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Imports and exports21 U.S.C. § 381
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Convict-made goods; importation prohibited19 U.S.C. § 1307
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Prohibited acts42 U.S.C. § 7522
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Regulations19 U.S.C. § 2612
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Immoral articles; importation prohibited19 U.S.C. § 1305
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Rules and forms prescribed by Secretary19 U.S.C. § 66
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Unlawful businesses without permit; application to State agency27 U.S.C. § 203
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Findings, policy, and intent15 U.S.C. § 2601
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Unfair practices in import trade19 U.S.C. § 1337
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Regulations46 U.S.C. § 4302
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Departmental regulations5 U.S.C. § 301
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Rules and regulations7 U.S.C. § 1592
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Imports42 U.S.C. § 6301
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Rules and regulations19 U.S.C. § 2094
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Agreements limiting imports7 U.S.C. § 1854
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Regulation of biological products42 U.S.C. § 262
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Harmonized Tariff Schedule19 U.S.C. § 1202
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Aiding unlawful importation19 U.S.C. § 1595a
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Entry of merchandise19 U.S.C. § 1484
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Illegal exportation of war materials22 U.S.C. § 401