ProvidedWhenever any person interested in any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of this chapter, or who has incurred, or is alleged to have incurred, any fine or penalty thereunder, files with the Secretary of the Treasury if under the customs laws, and with the Commandant of the Coast Guard or the Commissioner of U.S. Customs and Border Protection, as the case may be, if under the navigation laws, before the sale of such vessel, vehicle, aircraft, merchandise, or baggage a petition for the remission or mitigation of such fine, penalty, or forfeiture, the Secretary of the Treasury, the Commandant of the Coast Guard, or the Commissioner of U.S. Customs and Border Protection, if he finds that such fine, penalty, or forfeiture was incurred without willful negligence or without any intention on the part of the petitioner to defraud the revenue or to violate the law, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine, penalty, or forfeiture, may remit or mitigate the same upon such terms and conditions as he deems reasonable and just, or order discontinuance of any prosecution relating thereto. In order to enable him to ascertain the facts, the Secretary of the Treasury may issue a commission to any customs officer to take testimony upon such petition: , That nothing in this section shall be construed to deprive any person of an award of compensation made before the filing of such petition.
June 17, 1930, ch. 49746 Stat. 75760 Stat. 1097Pub. L. 91–271, title III, § 301(hh)84 Stat. 291Pub. L. 98–473, title II, § 32198 Stat. 2056Pub. L. 98–573, title II, § 213(a)(16)98 Stat. 2988Pub. L. 114–125, title VIII, § 802(d)(2)130 Stat. 210(, title IV, § 618, ; 1946 Reorg. Plan No. 3, §§ 101–104, eff. , 11 F.R. 7875, ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
act Sept. 21, 1922, ch. 356, title IV, § 61842 Stat. 987Provisions similar to those in this section were contained in , . That section was superseded by section 618 of act , comprising this section, and was repealed by section 651(a)(1) of the 1930 act.
act June 22, 1874, ch. 39118 Stat. 189act Sept. 21, 1922, ch. 356, title IV, § 64342 Stat. 989Provisions for a petition to the judge of the district, a summary investigation before the judge or a United States Commissioner, and transmission of the facts appearing thereon, with a certified copy of the evidence, to the Secretary of the Treasury, and provisions authorizing the Secretary to remit fines and penalties, etc., were contained in , §§ 17, 18, 20, , 190, prior to repeal by , .
Amendments
Pub. L. 98–573Pub. L. 98–4731984— and inserted reference to aircraft in two places.
Pub. L. 91–2711970— substituted “customs officer” for “customs agent, collector, judge of the United States Customs Court, or United States commissioner”.
Statutory Notes and Related Subsidiaries
Change of Name
section 802(d)(2) of Pub. L. 114–125section 211 of Title 6“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in text on authority of , set out as a note under , Domestic Security.
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 .
Transfer of Functions
section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , set out as a note under .
section 542 of Title 6Pub. L. 107–296section 211 of Title 6Pub. L. 114–125section 802(b) of Pub. L. 114–125section 211 of Title 6For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under . For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in as of , see , as amended generally by , and , set out as a note under .
Executive Documents
Transfer of Functions
section 1613 of this titleSubstitution in text of references to Commandant of the Coast Guard and Commissioner of Customs for “the Secretary of Commerce” under the authority of Reorg. Plan No. 3 of 1946, see note set out under .