CBP Issues Final Rule on Posting Seized Property Forfeiture Notices on Website
CBP issued a final rule to revise its procedures for publishing notice of seized property and intent to forfeit and sell (or otherwise dispose of), to allow for publication on an official Government forfeiture website (www.forfeiture.gov). CBP said the change would save about $700,000 per year in print advertising costs and improve the effectiveness of CBP’s notice procedures, as Internet publication would reach a broader range of the public and provide access to more parties who may have an interest in the seized property. The rule will be effective Feb. 28
(CBP has the authority to seize property violating certain laws enforced or administered by CBP or U.S. Immigration and Customs Enforcement (ICE), and may seize (1) a conveyance, merchandise, or baggage, the value of which does not exceed $500,000; (2) a prohibited importation; (3) a transporting conveyance if used to import, export, transport or store a controlled substance or chemical, and (4) certain monetary instruments. See 19 CFR 162.45. The regulations in 19 CFR 162.45 do not affect Schedule I or Schedule II controlled substance
Before such seized property may be administratively forfeited and disposed of, CBP must first publish notice of the potential forfeiture publicly, give notice to each party that appears to have an interest in the seized property, and follow certain notification procedures in doing so.)
CBP said comments submitted on the proposed rule were largely supportive. One commenter recommended that known parties-in-interest be notified before the 30-day Internet notice period so they would have enough time to check the site for information. CBP responded that, in continuing its policy of sending written notices to known parties-in-interest, those parties will continue to receive all the necessary information about the seized merchandise and alternative courses of action. Other commenters objected that not publishing the notices in local newspapers would be a problem for those who don't know to consult the website. CBP responded that daily newspaper circulation continues to decline quickly while Internet use increases.
Newspaper Industry Complaints
Newspaper industry representatives said Internet publication is an inadequate substitute for a printed newspaper notice. Government websites don't have a strong readership and minorities, the poor, and seniors use the Internet less than the population as a whole, they said. Also, the sick, infirm and rural residents have access issues, the newspaper representatives said. CBP said it disagreed with the inadequacy of Internet publication, noting that many Federal and State governments have moved to more Internet publishing. CBP notes that the Federal courts have adopted the use of public notice through Internet rather than newspaper and that there is insufficient convincing evidence that Internet publication would put minorities, rural residents, etc. at a disadvantage.
Would Revise the Way CBP Provides Notice of Intent to Forfeit Seized Property
The proposed rule would revise the manner by which CBP provides notice of intent to forfeit for (i) seized property appraised at more than $5,000 (90% of such cases exceed this threshold) and (ii) seized property appraised at $5,000 or less, as follows:
More than $5000. If the appraised value of any property in one seizure from one person exceeds $5,000 in value, CBP would utilize the Department of Justice forfeiture website (www.forfeiture.gov) to publish notice for at least 30 consecutive days. In CBP's sole discretion, and as circumstances warrant, additional publication for at least three successive weeks in a print medium may occur. All known parties-in-interest would be notified of the pending location and date of publication.
(With this proposed change, CBP would no longer need to publish property seizure and forfeiture notices for three successive weeks in a newspaper circulated at the customs port and in the judicial district where CBP seized the property.)
$5000 or less. For seized property appraised at $5,000 or less, CBP is proposing that notice would also be published for 30 days on the same DOJ website; however, posting at the customhouse nearest the place of seizure for three consecutive weeks would continue. All known parties-in-interest would be notified of the pending location and date of publication.
CBP Contact: Dennis McKenzie (202) 344-1808
(FR Pub 01/29/13)
(See ITT's Online Archives 12020805 for summary of the proposed rule.)