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amended, and subject to such procedural requirements as may be prescribed by the Treasury Department, there is hereby delegated to heads of departments and agencies whose disbursing officers issue depositary checks, authority to authorize officers or employees of their respective departments or agencies to issue substitutes of such checks, prior to the close of the fiscal year next following the fiscal year in which the checks are issued, and to receive and approve undertakings to indemnify the United States in such cases. The Commissioner of Accounts, Treasury Department, is hereby delegated authority to issue substitutes of depositary checks drawn by the Chief Disbursing Officer, Treasury Department, or by officers disbursing under delegation from the Chief Disbursing Officer, and to receive and approve undertakings of indemnity in such cases. The authority delegated to the Commissioner of ACcounts may be redelegated by him to such disbursing officers.
ACTION TO BE TAKEN BY CLAIMANTS § 368.3 Advice of nonreceipt or loss.
The payee or owner of a depositary check which is not received, or which has been lost, stolen, destroyed or mutilated or defaced to such an extent that it is rendered non-negotiable, should immediately notify the disbursing officer who issued such check or the administrative agency exercising jurisdiction over such disbursing officer, over his signature and current address, giving information as to the circumstances of the loss, theft or destruction of the check and whether it was endorsed, and also requesting that payment of the check be stopped. A claimant who is one other than the payee of the check, should present a statement in support of his ownership of the check. If the check has been mutilated or defaced, it should be forwarded to the issuing disbursing officer with request for the issuance of a substitute. & 368.4 Undertaking of indemnity.
(a) If the check is found to be outstanding and unpaid and it appears that the proceeds are due the claimant, the disbursing officer will request the claimant to execute an undertaking of indemnity, Form 2244, in a penal sum equal to the amount of the check (or checks).
(b) Excep: in the circumstances set forth below, a corporate surety authorized by the Secretary of the Treasury
to act as an acceptable surety on bonds in favor of the United States or two responsible individual sureties will be required on the undertaking of indemnity. It will be the responsibility of the claimant in a foreign country to secure a certification as to the financial sufficiency of the individual sureties executed by one of the persons listed in, and in the manner prescribed by, the instruction appearing under the Certificate as to Sureties on the face of Form 2244.
(c) Where the amount of the original check (or checks) is $200 or less, or the equivalent in foreign currency, one financially responsible individual surety may be accepted.
(d) Unless it is determined that the requirement of sureties is essential in the public interest, sureties will not be required under the following circumstances:
(1) If the officer authorized to issue a substitute check is satisfied that the loss, theft, destruction, mutiliation or defacement of the original check occurred without fault of the owner or holder and while the check was in the custody or control of the United States or of a person duly authorized as an agent of the United States when performing services in connection with an official function of the United States;
(2) If substantially the entire check is presented and surrendered by the owner or holder and the disbursing officer is satisfied as to the identity of the check presented and that any missing portions are not suficient to form the basis of a valid claim against the United States;
(3) If the owner or holder is the United States or an officer or employee thereof in his official capacity, a State, the District of Columbia, a territory or possession of the United States, a municipal corporation or political subdivision of any of the foregoing, a corporation the entire capital of which is owned by the United States, a foreign government or agency thereof, a foreign central bank, or a Federal Reserve Bank. § 368.5 Exception to requirement of
undertaking of indemnity Form
2244. Notwithstanding the provisions of § 368.4, if in any case involving a financially responsible claimant it is impracticable to obtain the execution of Standard Form 2244, with or without sure
ties, the officer or employee responsible for handling the claim, in his discretion, may accept an undertaking of indemnity in the form of a written statement or letter, substantially as follows:
In consideration of the issuance of a substitute check in lieu of
(Check description) and the payment of the substitute check, the undersigned undertakes and agrees to save harmless and indemnify the United States of America, its officers and agents, of and from any and all liability, loss, expense, claim, and demand whatsoever, arising in any manner by reason of or on account of said original check (or checks) or the stoppage or payment thereof, or the issue or payment of the substitute check (or checks), to replace the same. The undertaking of indemnity should be appropriately witnessed, and if it is executed on behalf of a corporation or other business organization, the individual executing the same should furnish proof of his authority to so act. In appropriate cases, a foreign language translation of the foregoing letter of indemnity may be accepted. § 368.6 Recovery of original check.
(a) If the claimant recovers an original check after he has furnished advice of non-receipt but before receipt of a substitute check, he should immediately notify the disbursing officer or agency concerned and hold the check until receipt of advice from the disbursing offcer or agency concerned regarding the negotiability of such original check.
(b) In the event the substitute check has been received prior to the recovery of the original check, the original check should be returned immediately to the disbursing officer.
(c) Under no circumstances should the claimant attempt to cash both the original and substitute check. § 368.7 Claims requiring settlement ac
tion. There are certain types of claims on which the disbursing officer will not be authorized to take final action. These include (a) claims on original checks which have been outstanding more than one full fiscal year following the fiscal year in which the checks were issued, and (b) claims involving doubtful ques tions of law and fact. In such cases the disbursing officer will obtain information and supporting papers, including an undertaking of indemnity, from the claimant and transmit such data to the Claims Division, General Accounting Office, for settlement action. § 368.8 Inquiries.
Claimants should direct any inquiries regarding the application of these regulations to the department or agency or disbursing officer concerned. § 368.9 Amendments and waivers.
The Treasury Department may waive, withdraw or amend at any time or from time to time any or all of the foregoing regulations.
CHAPTER IV-SECRET SERVICE, DEPARTMENT
OF THE TREASURY
Seizure and forfeiture of vessels, vehicles and aircraft used to transport
counterfeit coins, obligations, securities, and paraphernalia. Reproduction of canceled United States Internal Revenue Stamps. Authorization of all banks, U.S. Post Offices, and disbursing officers of the
United States and their agents to deliver to the Treasury Department counterfeit obligations and other securities and coins of the United States
or of any foreign government. Illustration of Savings Bonds. Seizure and forfeiture of gold for violations of Gold Reserve Act of 1934
and Gold Regulations.
of the President and his staff-rules governing ingress or egress.
PART 401—SEIZURE AND FORFEITURE
OF VESSELS, VEHICLES AND AIR-
toms to hold in custody. 401.4 Duties of Bureau of Customs. 401.5 Disposition.
AUTHORITY: The provisions of this Part 401 issued under sec. 8, 53 Stat. 1293; 49 U.S.C. 788, unless otherwise noted.
SOURCE: The provisions of this Part 401 appear at 33 F.R. 4257, Mar. 8, 1968, unless otherwise noted.
§ 401.1 Secret Service agents authorized
to make seizures. All officers of the U.S. Secret Service engaged in the enforcement of counterfeiting laws are hereby authorized and designated to seize such vessels, vehicles, and aircraft as may be subject to seizure because of violations of the said act of August 9, 1939, pertaining to contraband articles referred to in section 1(b) (3) of said act. $ 401.2 Custody.
Each vessel, vehicle, or aircraft seized pursuant to the said act of August 9, 1939, and the regulations in this part shall forthwith be placed by the seizing officer in the custody of the District Director of Customs for the customs district in which such seizure is made. Such placing in custody shall be effected by
immediate notification of the appropriate District Director of Customs of the seizure, together with a statement of the facts including a description of the vessel, vehicle, or aircraft, and the holding by the seizing officer of such vessel, vehicle, or aircraft subject to the instructions of the said district director of customs. § 401.3 Authority of District Directors
of Customs to hold in custody. District Directors of Customs are hereby authorized and designated to hold in custody awaiting appropriate disposition vessels, vehicles, and aircraft seized pursuant to the said act of August 9, 1939, and the regulations in this part. § 401.4 Duties of Bureau of Customs.
With respect to every vessel, vehicle, and aircraft seized and placed in the custody of a district director of customs pursuant to the said act of August 9, 1939, and the regulations in this part, the appropriate officials of the Bureau of Customs are hereby authorized and designated as the officers who shall perform such administrative duties in connection with
(a) The summary and judicial forfeiture and condemnation of such vessel, vehicle, or aircraft;
(b) The disposition of such vessel, vehicle, or aircraft or the proceeds from the sale thereof;
(c) The remission or mitigation of the forfeiture of such vessel, vehicle, or aircraft; and
(d) The compromise of claims and the award of compensation to informers in respect to such vessel, vehicle, or aircraft; as may be necessary and proper by virtue of the provisions of said act of Auggust 9, 1939, and by virtue of the provisions of the customs laws which the said act makes applicable in connection with seizures and forfeitures incurred or alleged to have been incurred under the said act and the regulations in this part. In the performance of said administrative duties the said appropriate officials of the Bureau of Customs shall be governed by the procedures established by the customs regulations, insofar as such procedures are applicable and not inconsistent with the provisions of the said act of August 9, 1939, and the regulations
in this part. Powers of the character of those exercised by the Secretary of the Treasury and Commissioner of Customs is connection with the remission or mitigation of forfeitures under the customs laws and in connection with the compromise of claims and the award of compensation to informers under the customs laws shall be exercised by the Secretary of the Treasury in connection with the remission or mitigation of forfeitures under the said act of August 9, 1939, and in connection with the compromise of claims and the award of compensation to informers under the said act. & 401.5 Disposition.
With respect to each vessel, vehicle, and aircraft seized pursuant to the said act of August 9, 1939, and the regulations in this part, the Director of the Secret Service shall promptly notify the Administrator of the General Services Administration and the Commissioner of Customs whether the Secret Service desires to have such vessel, vehicle, or aircraft for its official use. When forfeiture of any vessel, vehicle, or aircraft has been perfected otherwise than by court decree, the district director holding in custody such vessel, vehicle, or ircraft shall; (a) either return the same to the Secret Service if the Director of the Secret Seryice has requested it for the official use of the Secret Service (b) or, if the Secret Service does not desire such vessel, vehicle, or aircraft for its official use, hold such vessel, vehicle, or aircraft subject to the instructions of the Administrator of the General Services Administration. (Secs. 301-308, 49 Stat. 879-880; 40 U.S.C. 3041-304m)
PART 402_REPRODUCTION OF CAN
CELED UNITED STATES INTERNAL
REVENUE STAMPS $ 402.1 Reproductions authorized.
Authority is hereby given to make, hold, and dispuse of black and white reproductions of canceled U.S. internal revenue stamps: Provided, That such reproductions are made, held and disposed of as part of and in connection with the making, holding, and disposition, for lawful purposes, of the reproductions of the documents to which such stamps are attached. (Secs. 474, 492, 62 Stat. 706, 710; 18 U.S.C. 474, 492) (33 F.R. 4257, Mar. 7, 1968]
PART 403_AUTHORIZATION OF ALL
406.3 Forfeiture of gold valued not in excess BANKS, U.S. POST OFFICES, AND
of $2,500. DISBURSING OFFICERS OF THE 406.4 Duties of customs officers. UNITED STATES AND THEIR AGENTS
406.5 Forfeiture of gold valued in excess of
$2,500. TO DELIVER TO THE TREASURY DEPARTMENT COUNTERFEIT OBLIGA
AUTHORITY: The provisions of this part
406 issued under R.S. 161, as amended, sec. TIONS AND OTHER SECURITIES AND
4, 48 Stat. 340; 5 U.S.C. 301, 31 U.S.C. 443, COINS OF THE UNITED STATES OR unless otherwise noted. OF ANY FOREIGN GOVERNMENT SOURCE: The provisions of this Part 406
appear at 33 F.R. 4258, Mar. 7, 1968, unless $ 403.1 Delivery of counterfeit obliga- otherwise noted.
tions and other securities and coins
§ 406.1 Secret Service officers author.
ized to make seizures of gold. Authority is hereby given to all banks and banking institutions of any nature
All agents of the U.S. Secret Service, whatsoever organized under general or
in addition to officers of the customs, are special Federal or State statutes, to all
hereby authorized and designated to seize U.S. Post Offices, and to all disbursing
any gold which may be subject to forfeitofficers of the United States and their
ure for violations of the Gold Reserve
Act of 1934 (31 U.S.C. 440-445) and the agents, to take possession of and deliver
Gold Regulations. to the Treasury Department through the Secret Service all counterfeit obligations $ 406.2 Custody of seized gold valued and other securities and coins of the
not in excess of $2,500. United States or of any foreign govern- Any gold, the value of which does not ment which shall be presented at their exceed $2,500, seized by officers of the places of business.
Secret Service pursuant to the Gold Re(Sec. 492, 62 Stat. 710; 18 U.S.C. 492) (38
serve Act of 1934 and the Gold RegulaF.R. 4257, Mar. 7, 1968)
tions, if not needed as evidence or for
further investigation by the Secret SeryPART 405-ILLUSTRATION OF SAV
ice, shall be placed forthwith by the INGS BONDS
seizing officer in the custody of the dis
trict director of customs for the customs § 405.1 Illustrations authorized.
district in which such seizure is made.
Such gold shall be accompanied by a (a) Authority is hereby given to make,
report from the Secret Service showing hold, dispose of, and use illustrations of
the basis of the seizure and a citation to U.S. savings bonds for publicity purposes
each of the statutes and sections of the in connection with the campaign for the
Gold Regulations violated. sale of such bonds. (b) The making of any reproduction
§ 406.3 Forfeiture of gold valued not in of a U.S. savings bond in any manner or
excess of $2,500. any form is not permitted other than as The district director of customs reprovided in this part or pursuant to title
ceiving custody of gold seized by the 18, United States Code, section 504 (18
Secret Service, shall, if no petition is U.S.C. 504).
filed for the remission of mitigation of
the forfeiture incurred, institute sum(Sec. 474, 62 Stat. 706; 18 U.S.C. 474) [36 F.R. 21338, Nov. 6, 1971]
mary forfeiture proceedings in the ju
dicial district in which such seizure is PART 406—SEIZURE AND FORFEITURE made under the appropriate provisions of
the law and Customs Regulations apOF GOLD FOR VIOLATIONS OF
plicable to the forfeiture of merchandise GOLD RESERVE ACT OF 1934 AND
imported contrary to law. GOLD REGULATIONS
§ 406.4 Duties of customs officers. Sec. 406.1 Secret Service officers authorized to
The appropriate officials of the Bureau make seizures of gold.
of Customs are hereby authorized and 406.2 Custody of seized gold valued not in
designated as the officers who shall perexcess of $2,500.
form such administrative duties in con