ADMINISTRATIVE RELIEF FROM CBP
Federal regulations allow a person with an interest in property seized under laws administered by CBP to petition the agency for remission or mitigation. A petition asks CBP for administrative relief based on the facts and circumstances; it is different from filing a claim that seeks judicial forfeiture proceedings.
Current 19 C.F.R. §171.1 provides the basic requirements for petitions seeking remission or mitigation of a CBP fine, penalty or forfeiture.
A petition is a request for discretionary administrative relief; it is not the same procedural choice as demanding that the government prove forfeiture in court.
The petition must be filed with the Fines, Penalties and Forfeitures office identified in the CBP notice.
Under current 19 C.F.R. §171.2, a petition for relief from a seizure must generally be filed within 30 days from the date CBP mails the Notice of Seizure.
Use the actual Notice of Seizure to confirm the deadline and instructions in the particular case.
The regulation authorizes the FP&F officer to grant an extension of time to file a petition when circumstances warrant.
Current §171.1 states that a petition need not use a particular narrative format. CBP can require supporting materials to be in English or accompanied by an English translation.
CBP currently publishes Form 4609, Petition for Remission or Mitigation of Forfeitures and Penalties Incurred. The form states that CBP uses the information provided as a basis for deciding whether relief from forfeiture or mitigation should be granted.
19 C.F.R. §171.1 expressly warns that a false statement in a petition may subject the petitioner to prosecution under 18 U.S.C. §1001.
Current regulations permit a supplemental petition when the petitioner is dissatisfied with the original administrative decision. Unless another period is prescribed, the supplemental petition generally must be filed within 60 days of notice of the decision.
Current 19 C.F.R. §171.2 generally provides 30 days from the mailing of the Notice of Seizure, subject to the actual notice and any applicable extension.
The regulation says a petition need not be in a particular form, although CBP publishes Form 4609 for remission or mitigation requests.
Current Part 171 provides a supplemental-petition process, generally within 60 days of notice of the original decision unless another deadline is prescribed.
These government materials provide the principal CBP seizure, petition and forfeiture procedures discussed on this page.
Ownership, lawful source, circumstances of the violation, prior history and supporting documentation can materially affect the request for administrative relief.