19 U.S.C. § 1305 — Immoral articles; importation prohibited

(a) Prohibition of importation. No person may import into the United States from a foreign country any book, pamphlet, paper, writing, advertisement, circular, print, picture, or drawing that advocates or urges treason or insurrection against the United States, or forceful resistance to a United States law, or threatens to kill or physically harm someone in the United States. No person may import an obscene book, pamphlet, paper, writing, advertisement, circular, print, picture, drawing, or other representation, figure, or image on paper or another material. No person may import a cast, instrument, or other article that is obscene or immoral. No person may import a drug, medicine, or any article intended to cause an unlawful abortion. No person may import a lottery ticket, printed paper that could be used as a lottery ticket, or a lottery advertisement. These articles may not enter the country, whether imported alone or in a package with other goods that could otherwise enter. All such articles and, unless the appropriate customs officer is satisfied that the prohibited articles were enclosed without the knowledge or consent of the importer, owner, agent, or consignee, the entire contents of the package containing them are subject to seizure and forfeiture. Drugs covered by this subsection are excepted when imported in bulk and not prepared for any of the prohibited purposes. The Secretary of the Treasury may allow so-called classics or books of recognized and established literary or scientific merit. The Secretary may allow them only when they are imported for noncommercial purposes. Starting January 1, 1993, this section does not apply to a lottery ticket, lottery-ticket paper, or lottery advertisement printed in Canada for use with a lottery conducted in the United States. (b) Enforcement procedures. When one of these books or other materials appears at a customs office, the proper customs officer must seize and hold it for the district court’s decision. The officer’s decision cannot be protested to the United States Court of International Trade. The officer must send information about the seizure to the United States attorney for the district containing either (1) the office where the seizure occurred or (2) the place to which the book or material is addressed. The United States attorney must begin a district-court case seeking forfeiture, confiscation, and destruction. If the court decides that the seized item is the kind of item this section bars from entry, the court must order it destroyed, and it must be destroyed. If the court decides it is not that kind of item, it may not be excluded under this section. In the case, any interested party may demand that a jury decide the disputed facts. Any party may appeal or seek review as in an ordinary action or lawsuit. (c) Institution of forfeiture proceedings. Despite subsections (a) and (b), if a customs officer finds obscene material after it has been imported or brought into the United States, or after someone tried to import or bring it in, the officer may refer the matter to the United States attorney to begin forfeiture proceedings under this section. The proceedings must begin within 30 days after seizure. A delay does not invalidate the seizure or forfeiture if the claimant caused the action to go beyond the time limit, or if the proceedings were postponed while constitutional issues were considered. (d) Stay of forfeiture proceedings. At the United States’ request, a court must pause a civil forfeiture case under this section until a related criminal matter is finished. (b) Coordination of forfeiture proceedings with criminal proceedings. (1) If the Customs Service believes criminal prosecution is appropriate or further criminal investigation is needed concerning allegedly obscene material seized at entry, the proper customs officer must immediately send seizure information to the United States attorney for the district where the addressee lives. The officer does not have to notify the addressee or consignee at that time. (2) The United States attorney must promptly decide whether referring the matter for forfeiture would materially harm the Government’s ability to investigate the seizure criminally. (3) If the attorney decides the referral would not harm the investigation, the attorney must immediately notify the Customs Service in writing. The customs officer must immediately notify the addressee or consignee in writing and send seizure information to the United States attorney for the district containing the seizure office. These actions must occur soon enough for a forfeiture complaint to be filed within 14 days after seizure. The deadline may be 21 days if the attorney for the addressee’s district certifies in writing, with specific facts, that the paragraph (2) decision could not be made in time for the 14-day deadline. (4) If the attorney decides referral would materially harm the investigation, the attorney must file, within 14 days after seizure, a dated certification saying so. The certification must give specific facts showing why withholding the forfeiture referral is necessary. (5)(A) When circumstances change so withholding referral is no longer needed for the criminal investigation, the attorney must immediately notify the Customs Service in writing and provide the paragraph (4) certification. (B) If subparagraph (A) does not apply, the attorney must immediately tell the Customs Service in writing how the matter ended, whether through prosecution or a declination letter, and provide the paragraph (4) certification. (C) After receiving that notice, the customs officer must immediately notify the addressee or consignee and send the seizure information, the certification, and the notice to the United States attorney for the district containing the seizure office. That attorney must begin forfeiture proceedings under subsection (a) within 14 days after the notice. The certification and notice must be attached to the forfeiture complaint. (c) Stay on motion. At the United States’ request, and for good cause shown, a court must pause a civil forfeiture case under this section until a related criminal matter is finished, whether the criminal matter is in the same district or another district.