U.S. Customs and Border Protection - Enforcement Powers

Enforcement Powers

CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. Under Section 596 of the Tariff Act, CBP is required to seize and forfeit all merchandise that is stolen, smuggled, or clandestinely imported or introduced. CBP is also required to seize and forfeit controlled substances, certain contraband articles, and plastic explosives that do not contain a detection agent. In conjunction with the Department of State and the Bureau of the Census, CBP has put in place regulations that require submission of electronic export information on U.S. Munitions List and for technology for the Commerce Control List. CBP uses advance information from the Automated Targeting System and the Automated Export System to identify cargo that may pose a threat. CBP also works with the Departments of State and Defense to improve procedures on exported shipments of foreign military sales commodities.

Merchandise may also be seized and forfeited if:

• Its importation is restricted or prohibited because of a law relating to health, safety or conservation;
• The merchandise is lacking a federal license required for the importation;
• The merchandise or packaging is in violation of copyright, trademark, trade name, or trade dress protections;
• The merchandise is intentionally or repetitively marked in violation of country of origin marking requirements; or
• The imported merchandise is subject to quantitative restrictions requiring a visa or similar document from a foreign government, and the document presented with the entry is counterfeit.