Page:United States Statutes at Large Volume 102 Part 5.djvu/473

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4479

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 19 USC I6l6a applies with respect to property forfeited under the Tariff Act of note. 1930 on Or after the date of the enactment of this Act. SEC. 7367. AMENDMENTS TO THE TARIFF ACT OF 1930.

(a) PENALTY FOR FAILURE TO DECLARE.—Section 497(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1497), is amended by striking out "200 percent" and inserting in lieu thereof "1,000 percent". (b) EFFECT OF A DECLARATION OF FORFEITURE.—Section 609 of the

Tariff Act of 1930 (19 U.S.C. 1609) is amended to read as follows. "SEC. 609. SEIZURE; SUMMARY FORFEITURE AND SALE.

"(a) IN GENERAL.—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 bagggige 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 section 613, into the Customs Forfeiture Fund. "(b) 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, United States Code) 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.". (c) TECHNICAL CORRECTIONS.—

(1) Section 431(c)(l)(G) of the Tariff Act of 1930 (19 U.S.C. 1431(c)(l)(G)) is amended by striking out "or" and inserting in lieu thereof "of. (2) Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended to read as follows: "SEC. 608. SEIZURE; CLAIMS; JUDICIAL CONDEMNATION.

"Any person claiming such vessel, vehicle, aircraft, merchandise, or baggage may at any time within twenty days from the date of the first publication of the notice of seizure file with the appropriate customs officer a claim stating his interest therein. Upon the filing of such claim, and the giving of a bond to the United States in the penal sum of $5,000 or 10 percent of the value of the claimed property, whichever is lower, but not less than $250, with sureties to be approved by such customs officer, conditioned that in case of condemnation of the articles so claimed the obligor shall pay all the costs and expenses of the proceedings to obtain such condemnation, such customs officer shall transmit such claim and bond, with a duplicate list and description of the articles seized, to the United

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