[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Rules and Regulations]
[Pages 11825-11826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6182]
[[Page 11825]]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Parts 19, 101, 146, and 161
[T.D. 98-22]
RIN 1515-AC02
General Enforcement Provisions; Removal of Agency Management
Regulations
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document revises the Customs Regulations by: removing
several general enforcement provisions relating to Customs management
that do not serve to inform the public of any requirements; relocating
a general enforcement provision concerning Customs supervision from one
part of the regulations to a different part of the Customs Regulations,
and consolidating certain other general enforcement provisions. These
amendments are made as part of Customs continuing effort to ensure that
its regulations are informative, clear, and necessary.
EFFECTIVE DATE: March 11, 1998.
FOR FURTHER INFORMATION CONTACT: Harold M. Singer or Gregory R.
Vilders, Office of Regulations and Rulings, (202) 927-2340.
SUPPLEMENTARY INFORMATION:
Background
As part of Customs' continuing effort to ensure that its
regulations are informative, clear, and up-to-date, Customs has decided
to remove, relocate, or consolidate several general enforcement
regulations in part 161 of the Customs Regulations (19 CFR part 161).
The regulations being removed do not impose any obligations on the
public, but concern matters related to agency procedure and practice.
The regulations being removed are the following: (1) Sec. 161.3, which
concerns the actions that must be taken by a port director or special
agent in charge when there is a customs law violation requiring legal
proceedings; and (2) Sec. 161.4, which concerns the responsibility of
the agency to refer to the U.S. Attorney's Office a determination that
a Customs officer or employee was bribed or offered a bribe.
Four regulations dealing with compensation for informant
information concerning fraud are consolidated into two to more clearly
inform the public of who may file a claim for compensation and how the
claim is processed, since Customs' reorganization in 1995. Accordingly,
Sec. 161.11, which authorizes the Secretary of the Treasury to pay an
award to certain persons who either detect and seize any vessel,
vehicle, merchandise, or baggage subject to seizure and forfeiture and
reports the same to a Customs officer or otherwise furnish original
information concerning a fraud perpetrated upon Customs if there is a
net recovery from the fraud, is consolidated with Sec. 161.12, which
provides that employees or officers of the United States receiving any
portion of such informant compensation are subject to criminal
prosecution, and Sec. 161.13, which provides that claims for
compensation are administratively limited and cannot exceed the
statutory ceiling, is consolidated with Sec. 161.16, which concerns the
filing of claims for informant compensation.
Section 161.1, which pertains to Customs' general supervision
authority, more properly belongs in the general provisions of the
Customs Regulations at Part 101. Accordingly, this regulatory provision
is being relocated to Part 101, where it is designated as paragraph (c)
to Sec. 101.2, and the text is revised for clarity.
Section 161.0 is revised to account for these changes and
conforming referencing changes are made to provisions at Secs. 19.4,
19.29, 19.38(a), and 146.3(b).
Inapplicability of Public Notice and Comment Requirements, the
Regulatory Flexibility Act, and Executive Order 12866
The amendments to 19 CFR 161.1, 161.3, and 161.4 pertain solely to
matters relating to rules of agency procedure and practice. Therefore,
pursuant to 5 U.S.C. 553(a)(2), notice and public procedure thereon are
inapplicable. The agency for good cause finds notice and public
procedure for the amendments to 19 CFR 161.11, 161.12, 161.13, and
161.16 are unnecessary because there has been no substantive change in
the regulations. Since this document is not subject to the notice and
public procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
This document does not meet the criteria for a ``significant regulatory
action'' as specified in E.O. 12866.
List of Subjects
19 CFR Part 19
Customs duties and inspection, Exports, Freight, Imports,
Licensing, Reporting and recordkeeping requirements, Warehouses.
19 CFR Part 101
Customs duties and inspection, Customs ports of entry, Exports,
Foreign trade statistics, Imports, Organization and functions
(Government agencies), Reporting and recordkeeping requirements, Seals
and Insignia, Shipments.
19 CFR Part 146
Customs duties and inspection, Entry, Exports, Foreign trade zones,
Imports, Penalties, Reporting and recordkeeping requirements.
19 CFR Part 161
Customs duties and inspection, Exports, Imports, Law enforcement.
Amendments to the Regulations
For the reasons stated above, parts 19, 101, 146, and 161 of the
Customs Regulations (19 CFR parts 19, 101, 146, and 161) are amended as
set forth below:
PART 19--CUSTOMS WAREHOUSES, CONTAINER STATIONS AND CONTROL OF
MERCHANDISE THEREIN
1. The general authority citation for part 19 continues to read as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1624.
* * * * *
Secs. 19.4, 19.29 and 19.38 [Amended]
2. Sections 19.4, 19.29, and 19.38(a) are amended by removing the
reference to ``Sec. 161.1'' and adding in its place ``Sec. 101.2(c)''.
PART 101--GENERAL PROVISIONS
1. The general authority citation for part 101 is revised to read
as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1623, 1624, 1646a.
* * * * *
2. Section 101.2 is amended by adding a new paragraph (c) to read
as follows:
Sec. 101.2 Authority of Customs officers.
* * * * *
(c) Customs supervision. Whenever anything is required by the
regulations in this chapter or by any provision of the customs or
navigation laws to be done or maintained under the supervision of
Customs officers, such supervision shall be carried out as prescribed
in the regulations of this chapter or by instructions from the
Secretary of the Treasury or the Commissioner of Customs in particular
[[Page 11826]]
cases. In the absence of a governing regulation or instruction,
supervision shall be direct and continuous or by such occasional
verification as the principal Customs field officer shall direct if
such officer shall determine that less intensive supervision will
ensure proper enforcement of the law and protection of the revenue.
Nothing in this section shall be deemed to warrant any failure to
direct and furnish required supervision or to excuse any failure of a
party in interest to comply with prescribed procedures for obtaining
any required supervision.
PART 146--FOREIGN TRADE ZONES
1. The authority citation for part 146 continues to read as
follows:
Authority: 19 U.S.C. 66, 81a-81u, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1623, 1624.
Sec. 146.3 [Amended]
2. Section 146.3(b) is amended by removing the reference to
``Sec. 161.1'' and adding in its place ``Sec. 101.2(c)''.
PART 161--GENERAL ENFORCEMENT PROVISIONS
1. The general authority citation for Part 161 is revised to read
as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1600, 1619, 1624.
* * * * *
2. Section 161.0 is revised to read as follows:
Sec. 161.0 Scope.
This part provides general information concerning Customs
enforcement of certain import and export laws administered by other
federal agencies, the filing of offers in compromise of government
claims, the eligibility of individuals for informant compensation, and
the filing of claims for informant compensation.
Secs. 161.1, 161.3, 161.4, 161.11, and 161.13 [Removed]
3. Sections 161.1, 161.3, 161.4, 161.11, and 161.13 are removed.
4. Section 161.12 is revised to read as follows:
Sec. 161.12 Eligibility for compensation.
In accordance with section 619, Tariff Act of 1930, as amended (19
U.S.C. 1619), any person not an employee or officer of the United
States who either furnishes original information concerning any fraud
upon the customs revenue or any violation, perpetrated or contemplated,
of the customs or navigation laws or any other laws administered or
enforced by Customs, or detects and seizes any item subject to seizure
and forfeiture under the customs or navigationlaws or other laws
enforced by Customs and reports the same to a Customs officer, may file
a claim for compensation, provided there is a net amount recovered from
such detection and seizure or such information, unless other laws
specify different procedures. Any employee or officer of the United
States who receives, accepts, or contracts for any portion of such
compensation, either directly or indirectly, is subject to criminal
prosecution and civil liability as provided by 19 U.S.C. 1620.
5. Section 161.16 is revised to read as follows:
Sec. 161.16 Filing a claim for informant compensation.
(a) Limitations on claims. Pursuant to 19 U.S.C. 1619, an informant
may be paid up to twenty-five percent of the net recovery to the
government from duties withheld; from any fine (civil or criminal),
forfeited bail bond, penalty, or forfeiture incurred; or, if the
forfeiture is remitted, from the monetary penalty recovered for
remission of the forfeiture. The amount of the award paid to informants
shall not exceed $250,000 for any one case, regardless of the number of
recoveries that result from the information furnished; however, no
claim of less than $100 will be paid.
(b) Filing of claim. A claim shall be filed, in duplicate, on
Customs Form 4623 with the Special Agent in Charge, who shall make a
recommendation on the form as to approval and the amount of the award.
The Special Agent in Charge shall forward the form to the port
director, who shall make a recommendation on the form as to approval
and the amount of the award. The port director shall forward the form
to Customs Headquarters for action. If for any reason a claim has not
been transmitted by the port director, the claimant may apply directly
to Customs Headquarters.
Samuel H. Banks,
Acting Commissioner of Customs.
Approved: February 17, 1998.
John P. Simpson,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 98-6182 Filed 3-10-98; 8:45 am]
BILLING CODE 4820-02-P
