Code of Federal Regulations · Section
§ 162.50 — Forfeiture By Court Decree: Disposition
19 C.F.R. § 162.50
(a) Sale. Forfeited property decreed by the court for sale or disposition by the Fines, Penalties, and Forfeitures Officer shall be disposed of in the same manner as property summarily forfeited. (See § 162.46.)
(b) Transfer to other ports for sale. If the laws of the State in which property is seized and forfeited prohibit the sale of such property, or if the Commissioner of Customs is of the opinion that the sale of forfeited property may be made more advantageously at another port, application may be made to the court to permit disposition in accordance with the provisions of section 611, Tariff Act of 1930 (19 U.S.C. 1611). If the court permits such disposition, the property shall be moved to and sold at such other port as the Commissioner may direct provided it has been cleared for sale.
(c) Destruction—(1) Proceeds of sale not sufficient. Property forfeited under a decree of any court may be destroyed if it is provided in the decree of forfeiture that the property shall be delivered to the Secretary of the Treasury or the Commissioner of Customs for disposition in accordance with section 611, Tariff Act of 1930 (19 U.S.C. 1611).
(2) For protection of the revenue. Any vessel or vehicle forfeited under a decree of any court for violation of any law respecting the Customs revenue may be destroyed in lieu of sale when such destruction is authorized by the Commissioner of Customs to protect the revenue if it is provided in the decree of forfeiture that the property shall be delivered to the Secretary of the Treasury or Commissioner of Customs for disposition under the provisions of 19 U.S.C. 1705.
Authorizing Statute
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Seizure; sale unlawful19 U.S.C. § 1611
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Destruction of forfeited vessel or vehicle19 U.S.C. § 1705
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General rules for civil forfeiture proceedings18 U.S.C. § 983
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Bringing in and harboring certain aliens8 U.S.C. § 1324
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Reporting requirements for individuals19 U.S.C. § 1459
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Seizure; appraisement19 U.S.C. § 1606
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Definitions6 U.S.C. § 101
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Seizing and detaining letters39 U.S.C. § 604
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Aiding unlawful importation19 U.S.C. § 1595a
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Disposition and release of seized property26 U.S.C. § 5688
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Forfeitures21 U.S.C. § 881
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Smuggling goods into foreign countries18 U.S.C. § 546
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Seizure; warrants and reports19 U.S.C. § 1603
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Falsity or lack of manifest; penalties19 U.S.C. § 1584
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Search of vehicles and persons19 U.S.C. § 482
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Prohibited acts A21 U.S.C. § 960
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Departmental regulations5 U.S.C. § 301
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Importation of controlled substances21 U.S.C. § 952
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Rules and forms prescribed by Secretary19 U.S.C. § 66
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Release of seized property19 U.S.C. § 1614
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Seizure; summary forfeiture and sale19 U.S.C. § 1609
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Boarding vessels19 U.S.C. § 1581
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Manifests19 U.S.C. § 1431
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Seizure; claims; judicial condemnation19 U.S.C. § 1608