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Section 1114. Properties not Subject to Forfeiture in, the Absence of Prima Facie Evidence - Customs Modernization and Tariff Act

Section 1114. Properties not Subject to Forfeiture in, the Absence of Prima Facie Evidence of Customs Modernization and Tariff Act. Section 1114. Properties not Subject to Forfeiture in, the Absence of Prima Facie Evidence. - The forfeiture of the vehicle, vessel, or aircraft

  • Subjects 9 Bar syllabus groups
  • Codals 48 Primary legal sources

Customs Modernization and Tariff Act

Section 1114. Properties not Subject to Forfeiture in, the Absence of Prima Facie Evidence. - The forfeiture of the vehicle, vessel, or aircraft shall not be effected if it is established that the owner thereof or the agent in charge of the means of conveyance used as aforesaid has no knowledge of or participation in the unlawful act: Provided, That a prima facie presumption shall exist against the vehicle, vessel, or aircraft under any of the following circumstances:

(a) If the conveyance has been used for smuggling before;

(b) If the owner is not in the business for which the conveyance is generally used; and

(c) If the owner is not financially in a position to own such conveyance.

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