§ 1616a. Disposition of forfeited property
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/usc/title-19/section-1616aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)State proceedings The Secretary of the Treasury may discontinue forfeiture proceedings under this chapter in favor of forfeiture under State law. If a complaint for forfeiture is filed under this chapter, the Attorney General may seek dismissal of the complaint in favor of forfeiture under State law.
(b)Transfer of seized property; notice If forfeiture proceedings are discontinued or dismissed under this section—
(1)the United States may transfer the seized property to the appropriate State or local official; and
(2)notice of the discontinuance or dismissal shall be provided to all known interested parties.
(c)Retention or transfer of forfeited property
(1)The Secretary of the Treasury may apply property forfeited under this chapter in accordance with subparagraph
(A)or (B), or both:
(A)Retain any of the property for official use.
(B)Transfer any of the property to—
(i)any other Federal agency;
(ii)any State or local law enforcement agency that participated directly or indirectly in the seizure or forfeiture of the property; or
(iii)the Civil Air Patrol.
(2)The Secretary may transfer any forfeited personal property or the proceeds of the sale of any forfeited personal or real property to any foreign country which participated directly or indirectly in the seizure or forfeiture of the property, if such a transfer—
(A)has been agreed to by the Secretary of State;
(B)is authorized in an international agreement between the United States and the foreign country; and
(C)is made to a country which, if applicable, has been certified under section 2291j(b) of title 22.
(3)Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of paragraph (1)(B)(iii).
(d)Liability of United States after transfer The United States shall not be liable in any action relating to property transferred under this section if such action is based on an act or omission occurring after the transfer.
(June 17, 1930, ch. 497, title IV, § 616, as added Pub. L. 98–573, title II, § 213(a)(14), Oct. 30, 1984, 98 Stat. 2987; amended Pub. L. 99–570, title I, § 1863(a), Oct. 27, 1986, 100 Stat. 3207–54; Pub. L. 100–690, title VII, § 7366(a), Nov. 18, 1988, 102 Stat. 4478; Pub. L. 101–207, § 3(e), Dec. 7, 1989, 103 Stat. 1834; Pub. L. 103–447, title I, § 102(c), Nov. 2, 1994, 108 Stat. 4693.)
Connections34 cite this · traces to 4
Cited by 34 sections · top 27
U.S. Code
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- Public Law 102–393Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 98–573To amend the trade laws, authorize the negotiation of trade agreements, extend trade preferences, change the tariff treatment with respect to certain articles and for other purposes
- Public Law 101–207To authorize appropriations for fiscal year 1990 for the Office of the United States Trade Representative, the United States International Trade Commission, and the United States Customs Service
- Public Law 99–569To authorize appropriations for fiscal year 1987 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Staff, and the Central Intelligence Agency Retirement and Disability System, and for other purposes
- Public Law 100–690To prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes
bill
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
- Sec. 3Disposition of forfeited property
Traces to 4 documents
21 references not yet in our index
- June 17, 1930, ch. 497
- Pub. L. 98–573, title II, § 213(a)(14)
- 98 Stat. 2987
- Pub. L. 99–570, title I, § 1863(a)
- 100 Stat. 3207–54
- Pub. L. 100–690, title VII, § 7366(a)
- 102 Stat. 4478
- Pub. L. 101–207, § 3(e)
- 103 Stat. 1834
- Pub. L. 103–447, title I, § 102(c)
- 108 Stat. 4693
- Pub. L. 98–473, title II, § 318
- 98 Stat. 2055
- Pub. L. 103–447
- Pub. L. 101–207, § 3(e)(1)
- Pub. L. 101–207, § 3(e)(2)
- Pub. L. 100–690
- Pub. L. 99–570
- Pub. L. 100–690, title VII, § 7366(b)
- 102 Stat. 4479
- section 214(e) of Pub. L. 98–573
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§ 1616a
Disposition of forfeited property
Bills×10
Stat.×9
U.S.C.×8
Fed. Reg.×4
C.F.R.×2
Stat. Comp.×1
ActJune 17, 1930, ch. 497
Pub. L.Pub. L. 98–573, title II, § 213(a)(14)
Stat.98 Stat. 2987
Pub. L.Pub. L. 99–570, title I, § 1863(a)
Stat.100 Stat. 3207–54
Cites 25 · showing 9Cited by 34 across 6 sources