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Drug Enforcement Administration, Department of Justice. Consistent with Executive Orderby this rule the Department of Justice the Department revises, consolidates, and updates its regulations regarding the seizure, forfeiture, and remission of assets.
Lastly, the rule updates the regulations to reflect current forfeiture practice and clarifies the existing regulations pertaining to the return of assets to victims through the remission process. This rule is effective October 12, Before the comment period closed on July 8,the Department received comments from only two commenters.
The comments and the Department's responses are discussed below in section III. Section of the HSA established in the Department of Justice the "Bureau of Alcohol, Tobacco, Firearms, and Explosives" and generally transferred the law enforcement functions, and seizure and forfeiture authority, of the Bureau of Alcohol, Tobacco, and Firearms from the Department of the Treasury to the Department of Justice.
This transfer became effective on January 24, Among other things, this rulemaking identifies the scope of these regulations, updates definitions, identifies the scope of authority available to each of those seizing agencies to seize property for forfeiture, and provides procedures governing practical issues regarding the seizure, custody, inventory, appraisal, settlement, and release of property subject to forfeiture.
Third, the rule updates the regulations to conform to other authorities and current forfeiture practice. Fourth, the rule amends the list of designated officials at 28 CFR part 9 governing petitions for remission or mitigation of forfeiture, clarifies the existing regulations pertaining to victims, and makes remission available to third parties who reimburse victims under an indemnification agreement.
Statement of Need Consistent with Executive Orderthis rule is needed to ensure that the Department's seizure and forfeiture regulations accurately reflect the current composition of the Department, the current state of the law, and current practices and procedures relating to the seizure, forfeiture, and remission of assets.
Specifically, the rule is necessary to recognize ATF as part of the Department and to bring clarity to the regulatory framework by consolidating the ATF, DEA, and FBI regulations governing the seizure and [[Page ]] administrative forfeiture of property.
The rule is also needed to conform the regulations with the changes to seizure and forfeiture law included in CAFRA, which has rendered many of the existing regulations obsolete.
Finally, this rule is necessary to reflect current forfeiture practice and to clarify the existing regulations pertaining to victims and the remission process. The final rule removes 21 CFR partsubparts E and F and replaces them by adding an amended 28 CFR part 8 governing the seizure and forfeiture of property by each agency.
Part 8 is divided into subparts A, B, and C. Subpart B contains expedited procedures for property seized by DEA and FBI for violations involving personal use quantities of a controlled substance. Subpart C includes the permitted redelegations of authority under these regulations.
However, this consolidation does not constitute the entirety of the Department's forfeiture regulations. Pursuant to 18 U. NFA civil forfeiture procedure is governed, for the most part, by the Customs laws 19 U. In addition, pursuant to the Customs laws, the Government's initial burden of proof in an NFA civil forfeiture is to demonstrate probable cause to believe that the property is forfeitable.
Further, there is no innocent ownership defense to forfeiture under the NFA. Section a 1 establishes deadlines and procedures for sending personal written notices of seizures to parties with a potential interest in the property. These deadlines and procedures are in addition to, and in some respects different from, the deadlines and procedures under the Customs laws.Usc Essay Prompt Transfer Apply to college with common app the common application, with instant access to more than colleges and universities around the world, the common app is the.
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