Administrative Forfeiture: New Publication Timeline for the Notice of Seizure and Intent To Forfeit, 31268-31269 [2023-10434]
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Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Notices
(NIMH), National Institutes of Health,
may not conduct or sponsor, and the
respondent is not required to respond
to, an information collection that has
been extended, revised, or implemented
on or after October 1, 1995, unless it
displays a currently valid OMB control
number.
In compliance with section
3507(a)(1)(D) of the Paperwork
Reduction Act of 1995, the National
Institutes of Health (NIH) has submitted
to the Office of Management and Budget
(OMB) a request for review and
approval of the information collection
listed below.
Proposed Collection Title: The
National Institute of Mental Health Data
Archive (NDA), NIMH, 0925–0667,
expiration date 1/31/2024, REVISION,
National Institute of Mental Health
(NIMH), National Institutes of Health
(NIH).
Need and Use of Information
Collection: The NIMH Data Archive
(NDA) is an infrastructure that allows
for the submission and storage of human
subjects’ data from researchers
conducting studies related to many
scientific domains, regardless of the
source of funding. The NIH and the
NIMH seek to encourage use of the NDA
by investigators in the field of multiple
scientific research domains to achieve
rapid scientific progress. In order to
manage access to this data system,
NIMH collects information from two
categories of NDA users: (1)
Investigators who seek permission to
access data from the NDA for the
purpose of scientific investigation,
scholarship or teaching, or other forms
of research and research development,
via the Data Use Certification (DUC),
and (2) investigators who request
permission to submit data to the NDA
for the purpose of scientific
investigation, scholarship or teaching,
or other forms of research and research
development, via the Data Submission
Agreement (DSA). This REVISION
request is intended to facilitate NDA
users’ completion of the DUC and DSA
by providing them with clearer
guidance and updated background
information.
OMB approval is requested for three
years. There are no costs to respondents
other than their time. The total
estimated annualized burden hours are
1,875.
ESTIMATED ANNUALIZED BURDEN HOURS
Number of
projects per
respondent
Average time per response
(in hours)
Total burden
hours
Type of respondents
NDA Data Submission Agreement (DSA).
NDA Data Use Certification
(DUC).
Researchers submitting data
300
1
90/60 .....................................
450
Researchers requesting access to data.
950
1
90/60 .....................................
1,425
........................
1,250
...............................................
1,875
Total ...............................
...............................................
Dated: May 10, 2023.
Andrew A. Hooper,
Project Clearance Liaison, National Institute
of Mental Health, National Institutes of
Health.
[FR Doc. 2023–10348 Filed 5–15–23; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
Administrative Forfeiture: New
Publication Timeline for the Notice of
Seizure and Intent To Forfeit
U.S. Customs and Border
Protection; Department of Homeland
Security.
ACTION: General notice.
AGENCY:
This notice announces that
U.S. Customs and Border Protection
(CBP) is changing its processes
concerning the publication of the Notice
of Seizure and Intent to Forfeit for CBP
seizures and administrative forfeitures.
Currently, CBP neither publishes the
Notice of Seizure and Intent to Forfeit
online (available at www.forfeiture.gov)
nor does it post such a notice, if
required, at the appropriate U.S.
SUMMARY:
lotter on DSK11XQN23PROD with NOTICES1
Number of
respondents
Form name
VerDate Sep<11>2014
17:33 May 15, 2023
Jkt 259001
Customhouse or U.S. Border Patrol
Station or Sector office until the
administrative process has been
exhausted. CBP will now publish the
Notice of Seizure and Intent to Forfeit
online and, if required, post it at the
appropriate U.S. Customhouse or U.S.
Border Patrol Station or Sector office at
approximately the same time that it first
sends a written Notice of Seizure to the
party or parties it has identified as
potentially having an interest in
property seized by CBP. The new
publication timeline will make the
administrative forfeiture process more
efficient without affecting the rights or
obligations of any interested party.
DATES: This general notice is effective
on May 16, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa
Santana Fox, Director, Fines, Penalties
and Forfeitures Division, Office of Field
Operations, U.S. Customs and Border
Protection at (202) 344–2150 or
lisa.k.santanafox@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
U.S. Customs and Border Protection
(CBP) has the authority to seize property
for violations of customs laws and other
laws enforced by CBP. See, e.g., Title 19,
United States Code Section 482 (19
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
U.S.C. 482), 19 U.S.C. 1581, and 19
U.S.C. 1602; see also Title 19, Code of
Federal Regulations Section 162.21 (19
CFR 162.21). CBP has the authority to
administratively forfeit property if the
seized property meets certain
conditions. 19 U.S.C. 1607. Generally,
seized property is eligible for
administrative forfeiture if it is a
conveyance used to unlawfully import,
export, transport, or store a controlled
substance or prohibited chemical. See
id. CBP may also administratively forfeit
prohibited merchandise, monetary
instruments as defined by 31 U.S.C.
5312(a)(3), or other property that does
not exceed $500,000 in value.1 Id.
The procedural aspects of the
administrative forfeiture process are
governed by one of two statutes. The
first statute is Section 2 of the Civil
Asset Forfeiture Reform Act of 2000
(CAFRA) (Pub. L. 106–185, 114 Stat.
202), codified at 18 U.S.C. 983. CAFRA
provides certain procedures that CBP
must follow when proceeding with a
seizure and forfeiture under that
statutory authority. See also 19 CFR part
162, subpart H (CBP regulations
1 If the seized property is not eligible for an
administrative forfeiture process, CBP will refer the
case for judicial forfeiture. See 19 U.S.C. 1610; 19
CFR 162.32(c).
E:\FR\FM\16MYN1.SGM
16MYN1
Federal Register / Vol. 88, No. 94 / Tuesday, May 16, 2023 / Notices
lotter on DSK11XQN23PROD with NOTICES1
implementing CAFRA as it applies to
seizures made by CBP). CAFRA does not
apply, however, to all CBP seizures.2
When CAFRA does not apply, the
procedural aspects of the seizure and
forfeiture process are governed by the
Tariff Act of 1930, as amended (codified
at 19 U.S.C. 1600, et seq.), and CBP’s
regulations at 19 CFR parts 162 and 171.
Although CAFRA and the Tariff Act of
1930, as amended, specify different
procedures and timeframes, the general
administrative forfeiture process is the
same under both statutes. A brief
description of that process follows.
CBP initiates the administrative
forfeiture process by mailing a Notice of
Seizure to any party it identifies as
potentially having an interest in the
property. See 19 CFR 162.31, 162.92.
The Notice of Seizure provides notice of
the seizure and outlines the options for
responding. After receiving the Notice
of Seizure, a party interested in seeking
relief must timely file a claim or a
petition with CBP or make an offer in
compromise.3
In addition to the Notice of Seizure,
which is mailed to interested parties,
CBP also publishes a Notice of Seizure
and Intent to Forfeit on an official
government forfeiture website (available
at www.forfeiture.gov). The purpose of
the Notice of Seizure and Intent to
Forfeit is to provide notice to the public
of the seizure and impending
administrative forfeiture and allow any
interested party who did not receive a
Notice of Seizure to file a claim with
CBP. See 19 U.S.C. 1607; 19 CFR
162.45(b). CBP publishes the Notice of
Seizure and Intent to Forfeit on the
government website for at least 30
consecutive days. 19 CFR 162.45(b). For
property valued at $5,000 or less, CBP
also posts the Notice of Seizure and
Intent to Forfeit for three successive
weeks in a conspicuous place that is
2 CAFRA does not apply to seizures authorized
under the Tariff Act of 1930, as amended, or any
other provision of law codified in title 19, the
Internal Revenue Code of 1986, 26 U.S.C. 1, et seq.,
the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301, et seq.), the Trading with the Enemy Act
(50 U.S.C. 4301, et seq.), the International
Emergency Economic Powers Act (50 U.S.C. 1701,
et seq.), and Section 1 of Title VI of the Act of June
15, 1917 (40 Stat. 233, 22 U.S.C. 401).
3 For seizures under CAFRA, an interested party
must file a claim within 35 calendar days after the
date the notice of seizure is mailed. 19 CFR
162.94(b). Filing a claim means that the seizure will
be transferred to a court for a judicial forfeiture
process. See 19 CFR 162.94(f). For CAFRA and nonCAFRA seizures, an interested party must file a
petition within 30 days from the date that the
Notice of Seizure is mailed. 19 CFR 171.2(b). CBP
will process the petition according to 19 CFR part
171. Additionally, at any time prior to forfeiture, an
interested party may make an offer in compromise
in accordance with 19 U.S.C. 1617 and 19 CFR
161.5. See also 19 CFR 171.31.
VerDate Sep<11>2014
17:33 May 15, 2023
Jkt 259001
accessible to the public at the
appropriate U.S. Customhouse or U.S.
Border Patrol Station or Sector office. 19
CFR 162.45(b)(2).
Any party seeking relief from the
seizure and administrative forfeiture,
and who did not receive a Notice of
Seizure, may file a claim with CBP but
the claim must be timely. See 18 U.S.C.
983(a)(2); 19 U.S.C. 1608; see also 19
CFR 162.47(a), 162.94(b). For seizures
subject to CAFRA, where the notice of
seizure is not received, the party must
file the claim within 30 calendar days
after the date of final publication of the
Notice of Seizure and Intent to Forfeit.
19 CFR 162.94(b). For all other seizures,
the party must file a claim within 20
days from the date of the first
publication of the Notice of Seizure and
Intent to Forfeit and must include a cash
bond, unless CBP has waived the bond
requirement. See 19 U.S.C. 1608; 19
CFR 162.47. The applicable deadline is
specified in the Notice of Seizure and
Intent to Forfeit.
If no action is taken by interested
parties in response to either the Notice
of Seizure or the Notice of Seizure and
Intent to Forfeit (or if CBP denies a
petition or offer in compromise), CBP
will execute a Declaration of
Administrative Forfeiture declaring the
property forfeited and transferring full
title of the forfeited property to CBP.
It has been CBP’s practice to first mail
the Notice of Seizure to any party
identified by CBP as potentially having
an interest in the property and then wait
either for a party to file a claim or
petition or for those respective
timeframes to expire before publishing
the Notice of Seizure and Intent to
Forfeit. Once the deadline for filing a
claim or petition has passed (or the
administrative process has been
exhausted), CBP has historically
published the Notice of Seizure and
Intent to Forfeit on the official
government forfeiture website and, if
required, posted it at the appropriate
U.S. Customhouse or U.S. Border Patrol
Station or Sector office.
New Publication Timeline for the
Notice of Seizure and Intent To Forfeit
This notice announces that CBP now
will publish a Notice of Seizure and
Intent to Forfeit on the official
government forfeiture website (and post
the notice at the relevant U.S.
Customhouse or U.S. Border Patrol
Station or Sector office, if applicable) at
approximately the same time that it first
sends a written Notice of Seizure to the
party or parties identified as potentially
having an interest in the property. CBP
will no longer wait for the timeframe for
filing a claim or petition to expire before
PO 00000
Frm 00052
Fmt 4703
Sfmt 9990
31269
publishing or posting the Notice of
Seizure and Intent to Forfeit. This
means that both the parties identified by
CBP as potentially having an interest in
the property and the public will be
notified of the seizure and impending
administrative forfeiture at
approximately the same time.
This new publication timeline will
apply to all property seized by CBP and
eligible for administrative forfeiture,
including seizures governed by CAFRA
and by the Tariff Act of 1930, as
amended. This includes seizures
processed by CBP on behalf of U.S.
Immigration and Customs Enforcement,
Homeland Security Investigations. The
new publication timeline does not apply
to Schedule I and Schedule II controlled
substances, which are summarily
forfeited without notice. See 21 U.S.C.
881(f) and 19 CFR 162.45a.
This change will enable CBP to
process seizures and forfeitures more
efficiently. By notifying the public
earlier in the process, all parties with a
potential interest in the property will be
identified earlier. Additionally, CBP
expects that the overall processing time
for seizures will decrease, allowing it to
spend fewer resources on storage,
inventory, and other administrative
functions related to managing seized
property.
The new publication timeline for the
Notice of Seizure and Intent to Forfeit
does not affect the rights or obligations
of any interested party. This document
does not change any of the respective
deadlines for filing for relief, either in
response to a Notice of Seizure or a
Notice of Seizure and Intent to Forfeit.
All interested parties will continue to be
subject to the applicable requirements
and deadlines specified by statute and
in CBP’s regulations. CBP is not
changing any of its regulations or other
procedures at this time.
Pete Flores,
Executive Assistant Commissioner, Office of
Field Operations, U.S. Customs and Border
Protection.
[FR Doc. 2023–10434 Filed 5–15–23; 8:45 am]
BILLING CODE 9111–14–P
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 88, Number 94 (Tuesday, May 16, 2023)]
[Notices]
[Pages 31268-31269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10434]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Administrative Forfeiture: New Publication Timeline for the
Notice of Seizure and Intent To Forfeit
AGENCY: U.S. Customs and Border Protection; Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces that U.S. Customs and Border Protection
(CBP) is changing its processes concerning the publication of the
Notice of Seizure and Intent to Forfeit for CBP seizures and
administrative forfeitures. Currently, CBP neither publishes the Notice
of Seizure and Intent to Forfeit online (available at
www.forfeiture.gov) nor does it post such a notice, if required, at the
appropriate U.S. Customhouse or U.S. Border Patrol Station or Sector
office until the administrative process has been exhausted. CBP will
now publish the Notice of Seizure and Intent to Forfeit online and, if
required, post it at the appropriate U.S. Customhouse or U.S. Border
Patrol Station or Sector office at approximately the same time that it
first sends a written Notice of Seizure to the party or parties it has
identified as potentially having an interest in property seized by CBP.
The new publication timeline will make the administrative forfeiture
process more efficient without affecting the rights or obligations of
any interested party.
DATES: This general notice is effective on May 16, 2023.
FOR FURTHER INFORMATION CONTACT: Lisa Santana Fox, Director, Fines,
Penalties and Forfeitures Division, Office of Field Operations, U.S.
Customs and Border Protection at (202) 344-2150 or
[email protected].
SUPPLEMENTARY INFORMATION:
Background
U.S. Customs and Border Protection (CBP) has the authority to seize
property for violations of customs laws and other laws enforced by CBP.
See, e.g., Title 19, United States Code Section 482 (19 U.S.C. 482), 19
U.S.C. 1581, and 19 U.S.C. 1602; see also Title 19, Code of Federal
Regulations Section 162.21 (19 CFR 162.21). CBP has the authority to
administratively forfeit property if the seized property meets certain
conditions. 19 U.S.C. 1607. Generally, seized property is eligible for
administrative forfeiture if it is a conveyance used to unlawfully
import, export, transport, or store a controlled substance or
prohibited chemical. See id. CBP may also administratively forfeit
prohibited merchandise, monetary instruments as defined by 31 U.S.C.
5312(a)(3), or other property that does not exceed $500,000 in
value.\1\ Id.
---------------------------------------------------------------------------
\1\ If the seized property is not eligible for an administrative
forfeiture process, CBP will refer the case for judicial forfeiture.
See 19 U.S.C. 1610; 19 CFR 162.32(c).
---------------------------------------------------------------------------
The procedural aspects of the administrative forfeiture process are
governed by one of two statutes. The first statute is Section 2 of the
Civil Asset Forfeiture Reform Act of 2000 (CAFRA) (Pub. L. 106-185, 114
Stat. 202), codified at 18 U.S.C. 983. CAFRA provides certain
procedures that CBP must follow when proceeding with a seizure and
forfeiture under that statutory authority. See also 19 CFR part 162,
subpart H (CBP regulations
[[Page 31269]]
implementing CAFRA as it applies to seizures made by CBP). CAFRA does
not apply, however, to all CBP seizures.\2\ When CAFRA does not apply,
the procedural aspects of the seizure and forfeiture process are
governed by the Tariff Act of 1930, as amended (codified at 19 U.S.C.
1600, et seq.), and CBP's regulations at 19 CFR parts 162 and 171.
Although CAFRA and the Tariff Act of 1930, as amended, specify
different procedures and timeframes, the general administrative
forfeiture process is the same under both statutes. A brief description
of that process follows.
---------------------------------------------------------------------------
\2\ CAFRA does not apply to seizures authorized under the Tariff
Act of 1930, as amended, or any other provision of law codified in
title 19, the Internal Revenue Code of 1986, 26 U.S.C. 1, et seq.,
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301, et seq.),
the Trading with the Enemy Act (50 U.S.C. 4301, et seq.), the
International Emergency Economic Powers Act (50 U.S.C. 1701, et
seq.), and Section 1 of Title VI of the Act of June 15, 1917 (40
Stat. 233, 22 U.S.C. 401).
---------------------------------------------------------------------------
CBP initiates the administrative forfeiture process by mailing a
Notice of Seizure to any party it identifies as potentially having an
interest in the property. See 19 CFR 162.31, 162.92. The Notice of
Seizure provides notice of the seizure and outlines the options for
responding. After receiving the Notice of Seizure, a party interested
in seeking relief must timely file a claim or a petition with CBP or
make an offer in compromise.\3\
---------------------------------------------------------------------------
\3\ For seizures under CAFRA, an interested party must file a
claim within 35 calendar days after the date the notice of seizure
is mailed. 19 CFR 162.94(b). Filing a claim means that the seizure
will be transferred to a court for a judicial forfeiture process.
See 19 CFR 162.94(f). For CAFRA and non-CAFRA seizures, an
interested party must file a petition within 30 days from the date
that the Notice of Seizure is mailed. 19 CFR 171.2(b). CBP will
process the petition according to 19 CFR part 171. Additionally, at
any time prior to forfeiture, an interested party may make an offer
in compromise in accordance with 19 U.S.C. 1617 and 19 CFR 161.5.
See also 19 CFR 171.31.
---------------------------------------------------------------------------
In addition to the Notice of Seizure, which is mailed to interested
parties, CBP also publishes a Notice of Seizure and Intent to Forfeit
on an official government forfeiture website (available at
www.forfeiture.gov). The purpose of the Notice of Seizure and Intent to
Forfeit is to provide notice to the public of the seizure and impending
administrative forfeiture and allow any interested party who did not
receive a Notice of Seizure to file a claim with CBP. See 19 U.S.C.
1607; 19 CFR 162.45(b). CBP publishes the Notice of Seizure and Intent
to Forfeit on the government website for at least 30 consecutive days.
19 CFR 162.45(b). For property valued at $5,000 or less, CBP also posts
the Notice of Seizure and Intent to Forfeit for three successive weeks
in a conspicuous place that is accessible to the public at the
appropriate U.S. Customhouse or U.S. Border Patrol Station or Sector
office. 19 CFR 162.45(b)(2).
Any party seeking relief from the seizure and administrative
forfeiture, and who did not receive a Notice of Seizure, may file a
claim with CBP but the claim must be timely. See 18 U.S.C. 983(a)(2);
19 U.S.C. 1608; see also 19 CFR 162.47(a), 162.94(b). For seizures
subject to CAFRA, where the notice of seizure is not received, the
party must file the claim within 30 calendar days after the date of
final publication of the Notice of Seizure and Intent to Forfeit. 19
CFR 162.94(b). For all other seizures, the party must file a claim
within 20 days from the date of the first publication of the Notice of
Seizure and Intent to Forfeit and must include a cash bond, unless CBP
has waived the bond requirement. See 19 U.S.C. 1608; 19 CFR 162.47. The
applicable deadline is specified in the Notice of Seizure and Intent to
Forfeit.
If no action is taken by interested parties in response to either
the Notice of Seizure or the Notice of Seizure and Intent to Forfeit
(or if CBP denies a petition or offer in compromise), CBP will execute
a Declaration of Administrative Forfeiture declaring the property
forfeited and transferring full title of the forfeited property to CBP.
It has been CBP's practice to first mail the Notice of Seizure to
any party identified by CBP as potentially having an interest in the
property and then wait either for a party to file a claim or petition
or for those respective timeframes to expire before publishing the
Notice of Seizure and Intent to Forfeit. Once the deadline for filing a
claim or petition has passed (or the administrative process has been
exhausted), CBP has historically published the Notice of Seizure and
Intent to Forfeit on the official government forfeiture website and, if
required, posted it at the appropriate U.S. Customhouse or U.S. Border
Patrol Station or Sector office.
New Publication Timeline for the Notice of Seizure and Intent To
Forfeit
This notice announces that CBP now will publish a Notice of Seizure
and Intent to Forfeit on the official government forfeiture website
(and post the notice at the relevant U.S. Customhouse or U.S. Border
Patrol Station or Sector office, if applicable) at approximately the
same time that it first sends a written Notice of Seizure to the party
or parties identified as potentially having an interest in the
property. CBP will no longer wait for the timeframe for filing a claim
or petition to expire before publishing or posting the Notice of
Seizure and Intent to Forfeit. This means that both the parties
identified by CBP as potentially having an interest in the property and
the public will be notified of the seizure and impending administrative
forfeiture at approximately the same time.
This new publication timeline will apply to all property seized by
CBP and eligible for administrative forfeiture, including seizures
governed by CAFRA and by the Tariff Act of 1930, as amended. This
includes seizures processed by CBP on behalf of U.S. Immigration and
Customs Enforcement, Homeland Security Investigations. The new
publication timeline does not apply to Schedule I and Schedule II
controlled substances, which are summarily forfeited without notice.
See 21 U.S.C. 881(f) and 19 CFR 162.45a.
This change will enable CBP to process seizures and forfeitures
more efficiently. By notifying the public earlier in the process, all
parties with a potential interest in the property will be identified
earlier. Additionally, CBP expects that the overall processing time for
seizures will decrease, allowing it to spend fewer resources on
storage, inventory, and other administrative functions related to
managing seized property.
The new publication timeline for the Notice of Seizure and Intent
to Forfeit does not affect the rights or obligations of any interested
party. This document does not change any of the respective deadlines
for filing for relief, either in response to a Notice of Seizure or a
Notice of Seizure and Intent to Forfeit. All interested parties will
continue to be subject to the applicable requirements and deadlines
specified by statute and in CBP's regulations. CBP is not changing any
of its regulations or other procedures at this time.
Pete Flores,
Executive Assistant Commissioner, Office of Field Operations, U.S.
Customs and Border Protection.
[FR Doc. 2023-10434 Filed 5-15-23; 8:45 am]
BILLING CODE 9111-14-P
