In general
section 1613 of this titleIf no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and shall deposit the proceeds of sale, after deducting the expenses described in , into the Customs Forfeiture Fund.
Effect
A declaration of forfeiture under this section shall have the same force and effect as a final decree and order of forfeiture in a judicial forfeiture proceeding in a district court of the United States. Title shall be deemed to vest in the United States free and clear of any liens or encumbrances (except for first preferred ship mortgages pursuant to subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961) or any corresponding revision, consolidation, and enactment of such subsection in title 46) from the date of the act for which the forfeiture was incurred. Officials of the various States, insular possessions, territories, and commonwealths of the United States shall, upon application of the appropriate customs officer accompanied by a certified copy of the declaration of forfeiture, remove any recorded liens or encumbrances which apply to such property and issue or reissue the necessary certificates of title, registration certificates, or similar documents to the United States or to any transferee of the United States.
June 17, 1930, ch. 49746 Stat. 755June 25, 1938, ch. 679, § 28(b)52 Stat. 1089Pub. L. 91–271, title III, § 301(b)84 Stat. 287Pub. L. 98–473, title II98 Stat. 2054Pub. L. 98–573, title II, § 213(a)(6)98 Stat. 2985Pub. L. 100–690, title VII, § 7367(b)102 Stat. 4479(, title IV, § 609, ; , ; , , ; , §§ 313, 321, , , 2056; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 100–710, title I102 Stat. 4738Section 31328 of Title 46Pub. L. 104–324, title XI, § 1113(b)(1)110 Stat. 3970Section 105(a) of Pub. L. 100–710section 101 of Title 46section 102 of Pub. L. 100–710Pub. L. 100–710section 101 of Title 46Subsection O of section 30 of the Ship Mortgage Act, 1920 (46 U.S.C. App. 961), referred to in subsec. (b), was classified to section 961 of the former Appendix to Title 46, Shipping, and was repealed and partially reenacted in sections 31326(a), 31327, 31328, and 31329 of Title 46, Shipping, by , §§ 102(c), 106(b)(2), , , 4752. was subsequently repealed by , , . , set out as a note preceding , provides that a reference to a law replaced by is deemed to refer to the corresponding provision of . For disposition of sections of the former Appendix to Title 46, see Disposition Table preceding .
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 60942 Stat. 985Provisions similar to those in this section were contained in , . That section was superseded by section 609 of act , comprising this section, and repealed by section 651(a)(1) of the 1930 act.
act Sept. 21, 1922, ch. 356, title IV, § 64242 Stat. 989Provisions for sale of the property by the collector if no claim should be filed or bond given, were contained in R.S. § 3077, prior to repeal by , .
Amendments
Pub. L. 100–6901988— amended section generally. Prior to amendment, section read as follows:
section 1613 of this title“(a) If no such claim is filed or bond given within the twenty days hereinbefore specified, the appropriate customs officer shall declare the vessel, vehicle, aircraft, merchandise, or baggage forfeited, and shall sell the same at public auction in the same manner as merchandise abandoned to the United States is sold or otherwise dispose of the same according to law, and (except as provided in subsection (b) of this section) shall deposit the proceeds of sale, after deducting expenses enumerated in into the Customs Forfeiture Fund.
“(b) During the period beginning on , and ending on , the appropriate customs officer shall deposit the proceeds of sale (after deducting such expenses) in the Customs Forfeiture Fund.”
Pub. L. 98–5731984— designated existing provisions as subsec. (a), inserted reference to aircraft, inserted “(except as provided in subsection (b) of this section)” after “according to law, and”, and added subsec. (b).
Pub. L. 98–473, § 321, inserted reference to aircraft.
Pub. L. 98–473, § 313section 1613 of this title, substituted “after deducting expenses enumerated in into the Customs Forfeiture Fund” for “after deducting the actual expenses of seizure, publication, and sale in the Treasury of the United States”.
Pub. L. 91–2711970— substituted reference to appropriate customs officer for reference to collector.
1938—Act , inserted “or otherwise dispose of the same according to law” after “in the same manner as merchandise abandoned to the United States is sold”.
Statutory Notes and Related Subsidiaries
Effective Date of 1984 Amendment
Pub. L. 98–573section 214(e) of Pub. L. 98–573section 1304 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–271section 203 of Pub. L. 91–271section 1500 of this titleFor effective date of amendment by , see , set out as a note under .
Effective Date of 1938 Amendment
section 1401 of this titleAmendment by act , effective on thirtieth day following , except as otherwise specifically provided, see section 37 of act , set out as a note under .