Introduction

This guide was developed as a single source of guidance for shippers and
exporters on the proper procedures required for the exportation of used
self-propelled motor vehicles presented for export, along with their
accompanying documentation.

This guide will provide a broad overview of the procedures required to
comply with the vehicle export regulations found in Part 192 of Title 19
of the Code of Federal Regulations (19 CFR Part 192). For local port
procedures and hours of operation, please contact your local CBP office.
The phone numbers and addresses to the Customs offices are listed on the
CBP Web site at [www.cbp.gov]{.underline}

This guide also addresses the penalties established in 19 CFR Part 192
for failure to comply with any of the regulations.

Background

Statutes

CBP authority to impose export reporting requirements on used
self-propelled vehicles is found at 19 USC 1627a in the Motor Vehicle
Theft Enforcement Act of 1984. This law provides for the imposition of
penalties on any person who knowingly imports, exports, or attempts to
import or export any stolen self-propelled vehicle or part of a
self-propelled vehicle on which the identification number has been
removed, obliterated, tampered with, or altered. Violations of the law
also make the self-propelled vehicle, or part thereof, subject to
seizure and forfeiture.

Additional legislation has attempted to strengthen U.S. stolen vehicle
laws and add new force to 19 USC 1627a. One important piece of
legislation was the Anti-Car Theft Act of 1992. On October 25, 1992,
President George Bush signed this bill, which aims to reduce the level
of auto theft and the threat of carjacking, major crime problems that
cost American car owners billions of dollars each year. Title IV,
Section 401 of the Act contains two provisions that were intended to
tighten Customs enforcement against exporters of stolen vehicles. These
provisions mandate that Customs conduct random export inspections and
eliminate the personal use exemption from the export reporting
requirement. The two provisions, which are codified as 19 USC 1646b and
19 USC 1646c, read as follows:

19 USC 1646b RANDOM CUSTOMS INSPECTIONS FOR STOLEN AUTOMOBILES BEING
EXPORTED\
The Commissioner of Customs shall direct Customs officers to conduct at
random inspections of automobiles, and of shipping containers that may
contain automobiles that are being exported, for purposes of determining
whether such automobiles were stolen.

19 USC 1646c EXPORT REPORTING REQUIREMENTS\
The Commissioner of Customs shall require all persons or entities
exporting used automobiles, including automobiles exported for personal
use, by air or ship to provide to the Customs Service, at least 72 hours
before the export, the vehicle identification number (VIN) of each such
automobile. The Commissioner shall establish specific criteria for
randomly selecting used automobiles scheduled to be exported, consistent
with the risk of stolen automobiles being exported, and shall check the
VIN of each automobile selected pursuant to such criteria against the
information in the National Crime Information Center (NCIC) to determine
whether such automobile has been reported stolen. At the request of the
Director of the Federal Bureau of Investigation, the Commissioner shall
make available to the Director all vehicle identification numbers
obtained under this section.

Export Regulations

On May 18, 1989, new regulations governing the export of used
self-propelled vehicles were added to the Customs Regulations (19 CFR)
to implement the revised section (1627a) of the Trade and Tariff Act of
1984. These regulations became Part 192 of the Customs Regulations.
Since 1989, these regulations have, in general, required persons or
entities seeking to export used self-propelled vehicles to present to
U.S. Customs, at least three days before export, both the vehicle and a
document describing that vehicle. This collection of information has
previously been reviewed and approved by the Office of Management and
Budget (OMB) under OMB control number 1515-0157.

Interpretation and Application of 19 CFR Part 192 Regulations

Documentary Status

It is the responsibility of the reviewing inspector to ensure that the
documents presented to Customs reflect the highest levels of
trustworthiness to establish ownership as provided for in 19 CFR 192.2
(b).

The 1989 change to 19 CFR Part 192 focused on a single document: the
original certificate of title. For Customs, this is the document that
establishes legal ownership with the highest level of trustworthiness,
because it is issued by a state Department of Motor Vehicles (DMV). It
is a core requirement in the Customs export process, regardless of the
vehicle's economic value, physical condition, or operating order.

Structure of the Regulations

Procedurally, all exporters or their agents who present a document to
Customs are to begin at 19 CFR 192.2 (b) (1) and then progress through
each subsection until the exporter arrives at the section and
subsection(s) that apply to the vehicle that has been presented to
Customs for export. This procedure ensures that no requirement is
misinterpreted, misapplied, or circumvented by either the exporter or
the reviewing Customs officer. Customs inspectors are charged with
ensuring that the documents meet the requirements through consistent
application of the regulations in their hierarchical structure.
Consistently following the hierarchy of requirements incorporated into
the structure of 19 CFR Part 192 will enable the various ports to
standardize application of the regulations.

A second feature of the 1989 revision to the regulations was the
establishment of a hierarchical requirement structure that would prevent
exporters from bypassing certain requirements in favor of others. For
example, exporters often used the "or other document" language to
substitute a bill of sale for the original certificate of title. The new
structure is designed so that the requirements build upon one another.
For example, the requirement to present a letter from the
lease/lienholder for a vehicle that is leased or has a recorded lien is
in addition to the primary requirement to present the certificate of
title or a certified copy.

Application of the Regulations

The revised 19 CFR Part 192 was structured to govern the export of used
self-propelled vehicles and to enhance the ability of Customs to
interdict stolen vehicles before they are exported from the United
States. All used self-propelled vehicles are reportable to U.S. Customs
unless specifically exempted by the definitions found at 192.1. It is
incumbent upon the exporter or the exporter's agent to satisfy Customs
that a vehicle is exempt.

19 CFR Part 192 Regulations

Although 19 CFR Part 192 is concerned with export controls for vehicles,
vessels, and aircraft, and includes penalty provisions for violations
that are found at 192.3, this guide addresses only the export of used
vehicles.

Section 192.1 Definitions

The following are general definitions for the purposes of CFR 192.2:

Certified. "Certified" when used with reference to copy means a document
issued by an authorized government authority (State DMV) that includes
on it a signed statement by the authority that the copy is an authentic
copy of the original. (See page 11 of this guide for more information
about acceptable certified copies.)

Copy. "Copy" refers to a duplicate or photocopy of an original document.
When there is any writing on the backside of an original document, a
"complete copy" means that both sides of the document are copied.

Export. "Export" refers to the transportation of merchandise out of the
U.S. for the purpose of being entered into the commerce of a foreign
country.

Self-Propelled Vehicle. "Self-propelled" vehicle includes any
automobile, truck, tractor, bus, motorcycle, motor home, self-propelled
agricultural machinery, self-propelled construction equipment,
self-propelled special use equipment, and any other self-propelled
vehicle used or designed for running on land but not rail.

Ultimate Purchaser. "Ultimate Purchaser" means the first person, other
than a dealer purchasing in his capacity as a dealer, who in good faith
purchases a self-propelled vehicle for purposes other than resale.

Used. "Used" refers to any self-propelled vehicle the equitable or legal
title to which has been transferred by a manufacturer, distributor, or
dealer to an ultimate purchaser.

Section 192.2 Requirements for Exportation

\(a\) Basic requirements

> A person attempting to export a used self-propelled vehicle shall
> present to Customs, at the port of exportation, both the vehicle and
> the required documentation describing the vehicle to include the VIN
> or, if the vehicle does not have a VIN, the product identification
> number (PIN). Exportation of a vehicle will be permitted only upon
> compliance with these requirements, unless the vehicle was entered
> into the United States under an in-bond procedure, a carnet, a
> Temporary Importation Bond, or under a personal exemption for
> non-residents who entered the vehicle for a 1-year period. (NOTE: When
> entered using an in-bond procedure or personal exemption, vehicles are
> exempt from requirements of this section. The in-bond documents should
> be processed according to normal procedures.) The person attempting to
> export the vehicle may employ an agent for the exportation of the
> vehicle.

\(b\) Documentation required

\(1\) For U.S. Titled Vehicles

\(i\) Vehicles issued an original certificate of title. For used,
self-propelled vehicles issued, by any jurisdiction in the United
States, a Certificate of Title (See Attachment A) or a Salvage Title
that remains in force, the owner must provide to Customs the original
Certificate of Title or a Certified Copy of the Certificate of Title and
two complete copies of the original Certificate of Title or the
Certified Copy of the original.

\(ii\) Where title evidences third-party ownership/claims. If the used,
self-propelled vehicle is leased or a recorded lien exists in the U.S.,
in addition to complying with paragraph (b)(1)(i) of this section, the
provisional owner must provide to Customs a separate writing from the
third-party-in interest which expressly provides that the subject
vehicle may be exported. This writing must be on the third-party's
letterhead paper and contain a complete description of the vehicle
including the Vehicle Identification Number (VIN), the name of the owner
or lienholder of the leased vehicle, and the telephone numbers at which
that owner or lienholder may be contacted and must bear an original
signature of the third-party and state the date it was signed.

\(iii\) Where U.S. Government Employees are involved. If the used
self-propelled vehicle is owned by a U.S. Government Employee and is
being exported in conjunction with that employee's reassignment abroad
pursuant to official travel orders, then, in lieu of complying with
paragraph (b)(1)(i) of this section, the employee may be required to
establish that he has complied with the sponsoring agency's internal
travel department procedures for vehicle export.

\(2\) For Foreign-Titled Vehicles

For used, self-propelled vehicles that are registered or titled abroad,
the owner must provide to Customs the original document that provides
satisfactory proof of ownership (with an English translation of the text
if the original language is not in English), and two complete copies of
that document (and translation, if necessary).

\(3\) For Untitled Vehicles

\(i\) Newly manufactured vehicles, issued a Manufacturer's Statement of
Origin (SO). For newly manufactured, self-propelled vehicles that are
purchased from a U.S. manufacturer, distributor, or dealer that become
used (see page 13) and are issued an SO, but not issued a certificate of
title by any jurisdiction of the United States, the owner must provide
to Customs at the time and place specified in this section, an original
SO and two complete copies of the original SO.

\(ii\) Newly manufactured vehicles not issued an SO. For
newly-manufactured, self-propelled vehicles purchased from a U.S.
manufacturer, distributor, or dealer that become used and not issued an
SO or a Certificate of Title by any jurisdiction of the United States,
THE OWNER MUST ESTABLISH THAT THE JURISDICTION FROM WHERE THE VEHICLE
COMES DOES NOT HAVE ANY OWNERSHIP DOCUMENTATION REQUIREMENTS REGARDING
SUCH VEHICLES and provide to Customs, at the time and place specified in
this section, an original document that proves ownership, such as a
dealer's invoice, and two complete copies of such original
documentation.

\(iii\) Vehicles issued a junk or scrap certificate. For vehicles for
which a junk or scrap certificate, issued by any jurisdiction of the
U.S., remains in force, the owner must provide to Customs the original
certificate or a certified copy of the original document and two
complete copies of the original document or certified copy of the
original.

\(iv\) Vehicles issued a title or certificate that is not in force or
are otherwise not registered. For vehicles that were issued, by any
jurisdiction of the U.S., a title or certificate that is no longer in
force, or that are not required to be titled or registered, and for
which an SO was not issued, THE OWNER MUST ESTABLISH THAT THE
JURISDICTION FROM WHERE THE VEHICLE COMES DOES NOT HAVE ANY OWNERSHIP
DOCUMENTATION REQUIREMENTS REGARDING SUCH VEHICLES and provide to
Customs the original document that shows the basis for ownership or
right of possession, such as a bill of sale, and two complete copies of
that original document. Further, the owner must certify in writing to
Customs that the procurement of the vehicle was a bona fide transaction,
and that the vehicle presented for export is not stolen.

\(c\) When presented

\(1\) Exportation by vessel or aircraft. For those vehicles exported by
vessel or aircraft, the required documentation and the vehicle must be
presented to Customs at least 72 hours prior to export.

\(2\) Exportation at land border crossing points. For those vehicles
exported by rail, highway, or under their own power.

\(i\) The required documentation must be submitted to Customs at least
72 hours prior to export; and

\(ii\) The vehicle must be presented to Customs at the time of
exportation.

\(d\) Where presented

> Careful attention should be paid to 19 CFR 192.2 (d), "Where
> presented." Port Directors will establish locations at which exporters
> must present the required documentation and the vehicles for
> inspection. Port Directors will publicize these locations, including
> their hours of operation.

\(e\) Authentication of documentation

> Customs will determine the authenticity of the documents submitted.
> Once determined, Customs will mark the original documents. In most
> cases the original document(s) will be returned to the exporter. In
> those cases where the original title document was presented to and
> retained by Customs and cannot be found prior to the vehicle's export,
> the exporter's authenticated copy of the original documentation serves
> as evidence of compliance with the reporting requirements.

Section 192.3 Penalties

See Penalty Provisions (page 17) of this guide.

Section 192.4 Liability of Carriers

See Penalty Provisions (page 17) of this guide.

Documentation

Certified Copy and Copy of the Title Record

A number of states will not issue a certified copy of the certificate of
title under certain circumstances. In some states, the certified copy is
equal to a duplicate title, replacing an original certificate of title
that has been lost, destroyed, or damaged, or has become illegible. In
these states, the certified copy is an acceptable document on which
ownership may be transferred; thus, these states will not issue a
certified copy if the original is still available. In a similar
situation, if a recorded lien exists and the original title is held by
the lienholder, a state DMV will not issue a certified copy.

In these situations, Customs will accept another document---known as a
copy of the title record, title record, title summary, title abstract,
or a similar name---to meet the ownership document requirement of 19 CFR
192.2 (b)(1). The copy of the title record is a DMV-generated computer
printout of the vehicle's title and registration data which is then
certified by the DMV with a seal and original signature. The American
Association of Motor Vehicle Administrators (AAMVA) indicates that this
document is widely used and should be generally available from state
DMVs. There is usually a small fee, and some DMVs offer same-day service
to individuals who apply in person. NOTE: Only documents issued by the
state DMV---the same government authority that issued the original
certificate of title---will be accepted by Customs.

Copies of the title record should be requested from the state DMV using
the VIN rather than the name of the owner; this will produce a complete
report, reflecting the last owner of record.

If the vehicle has a recorded lien and the lienholder issues a letter
authorizing the vehicle to be exported but will not release the original
certificate of title, the exporter may satisfy the requirements of 19
CFR Part 192 by securing a certified copy or copy of the title record.
Certified copies of the certificate of title that have been obtained by
the lienholder from the state DMV on behalf of the exporter are
acceptable for presentation to Customs. A certified or notarized copy
issued by the lienholder is NOT acceptable. The copy of the title record
must be presented to Customs together with the letter of authorization
from the lienholder.

Canceled Title Documents

In some instances, the vehicle's certificate of title has been
surrendered to the issuing state government for cancellation and no
other document has been issued in its place. In this situation, the
exporter must present a letter from the DMV stating that the title is
canceled. The letter should be on the state's letterhead, contain the
relevant data including the VIN for the vehicle, and bear the signature
of a state official. Many states use a form letter and some offer
same-day service for individuals who apply in person.

Section 192.2 (b)(3)(iii) was designed to address vehicles that are
either whole or from which usable parts may be salvaged for reuse on
other automobiles or for resale. Vehicles that have been crushed or
shredded for the recyclable metal content are not subject to the
reporting requirements of 19 CFR Part 192.

No Ownership Documents or Statement of Origin Issued

Because of the broad statutory definition of a used self-propelled
vehicle, certain types of specialty use vehicles and equipment are
reportable under the requirements of 19 CFR 192. However, states may not
issue any ownership documents for these vehicles and they may not have a
manufacturer's statement of origin (MSO). In these situations, the
invoice or bill of sale may be the only document available to
demonstrate proof of ownership. However, section 192.2 (b)(3)(iv)
requires that a document issued by the jurisdiction (state DMV) must
accompany the invoice or bill of sale, declaring that the state has no
titling requirements for such vehicles. The intent is to have the state
provide this information, thereby maintaining the level of
trustworthiness in ownership documents.

Dock Receipt and Letter of Intent

The decision to include a dock receipt or letter of intent for used
vehicle exports is left to the Customs Management Center and to local
ports.

Vehicle Export Procedures

Exporting New vs. Used Vehicles

The 19 CFR Part 192 reporting requirements apply only to *used*
self-propelled vehicles; therefore, it is necessary to distinguish "new"
from "used." The term "new" is not defined in either the statute or the
regulations; however, it is possible to derive the meaning of new from
an examination of the term "used" as defined in Part 192 of the Customs
Regulations.

"Used" refers to any self-propelled vehicle the equitable or legal title
to which has been transferred by a manufacturer, distributor, or dealer
to an ultimate purchaser.

An "ultimate purchaser" means the first person, other than a dealer
purchasing in his capacity as a dealer, who in good faith purchases a
self-propelled vehicle for purposes other than resale.

Thus, a vehicle will be "new" for purposes of this provision if (1) the
manufacturer, distributor, or dealer retains legal and equitable title
to the vehicle at the time of exportation, or (2) the manufacturer,
distributor, or dealer has transferred legal or equitable title to a
dealer who purchased the vehicle in his capacity as a dealer. For
example, a vehicle being exported will be considered new, and thus not
subject to the provisions of Part 192, if a manufacturer sends an unsold
vehicle to another of its own facilities in a foreign country to
increase inventory or if a manufacturer sells a vehicle to an overseas
dealer who will then sell it to an ultimate purchaser.

The definition of a used vehicle, for the purposes of the reporting
requirements, is not determined by the physical condition, economic
value, or operating order of the self-propelled vehicle at the time of
export. Conditional statements included on commercial or contractual
documents do not influence the status of the vehicle as either new or
used as defined in the statute. Thus, for example, a statement in a
commercial transaction that says title will transfer upon delivery to
the customer or at some other point after the export does not alter the
definition of a used vehicle to make it "new" at the time that it was
exported.

If you have any questions not addressed in this booklet, please contact
the local port from which the vehicle will be exported. Phone numbers
can be obtained from the Customs Web site at
[www.customs.gov]{.underline}.

Port Director to Establish Location and Hours of Operation

Port Directors have the authority to establish the Customs locations at
which exporters must present the required documentation and the vehicles
for inspection. Port Directors will publicize these locations, including
their hours of operation. Unless otherwise indicated, vehicles presented
for export will only be processed Monday through Friday during normal
work hours, excluding federal holidays.

It is important to state that the authority exercised by the Port
Director is to establish the Customs locations at which the required
documentation and vehicle are to be presented. The Port Director cannot
delegate the location to a non-Customs facility such as the exporter's
or forwarder's premises. Similarly, the Port Director cannot delegate
the responsibility to collect and verify the required documentation to a
non-Customs entity such as a freight forwarder who will "hold" the
documents pending approval from Customs officers.

Automated Export System Filers and the 72-Hour Clock

The used vehicle requirements provided for in the Export Controls
section of the Customs regulations are separate and distinct from the
Commerce requirements for export commodity data. The requirements of 19
CFR Part 192 cannot be satisfied through the Automated Export System
(AES) filing of the commodity data contained in the Shipper's Export
Declaration. Because Customs and Commerce regulations are different, the
72-hour clock does not begin when export vehicle data are filed via AES;
it begins when the required documentation is presented to Customs.

Seaports and Airports

At seaports and airports, vehicles must either be delivered to the
exporting carrier's facility at the port of exportation, or be presented
with all required documentation directly to U.S. Customs per local port
guidelines. In either case, the required documentation must be presented
to Customs a minimum of 72 hours before the intended exportation. This
documentation can be processed only at the actual port of exportation.
In ports that require the vehicle to be delivered to the exporting
carrier before the documents are presented to Customs, the carrier must
issue a document that acknowledges its possession of the vehicle and
contains information that identifies the vehicle. This document must be
included with those presented to Customs.

If a vehicle has been delivered to the exporting carrier and is in the
process of being exported, the carrier is required to notify the
appropriate Customs inspector if the exporter attempts to cancel the
vehicle export process and retrieve the vehicle. The Customs inspector
will determine whether a physical inspection is necessary.

Land Border Ports

At land border ports, the required documentation must be presented to
Customs at least 72 hours before export. This documentation can be
processed only at the actual port of exportation of the vehicle. At the
time of export, the vehicle must be presented to Customs at the port,
along with the authenticated documentation to verify compliance with the
72-hour requirement. The vehicle must be easily accessible so that the
public VIN (viewable on the dashboard) and other identifying numbers,
including confidential numbers, can be verified. If vehicles are
containerized or otherwise inaccessible, Customs may require that they
be devanned at the shipper's expense.

Exportation by Agent for Ultimate Purchaser/Owner

If the person who presents export documentation to Customs is not
identified in the documents as the ultimate purchaser or owner, he or
she may be required to present proof from the owner/purchaser of
authorization to export the vehicle. Agents who present the required
documents and proof of authorization to export may also be required to
present photo identification as directed by port policy.

In addition to the requirements of 19 CFR Part 192, Commerce Regulations
require the filing of a Shipper's Export Declaration (SED) for vehicles
valued at more than \$2,500. If the SED is prepared by a party other
than the exporter, a power of attorney must accompany it. Regulatory
provisions for the SED may be found at 15 CFR Part 30 and for the power
of attorney at 19 CFR Part 141.32. Used vehicle exports to Canada are
exempted from the SED requirements.

U.S. Government Employees on Official Travel Orders

The section of CFR 192.2 concerning the export of used vehicles in
conjunction with a U.S. government employee's official travel orders is
not a waiver of the reporting requirements. The exemption provided for
in 192.2 (b)(1)(iii) is conditioned on the other federal agencies having
procedures that, when executed, satisfy Customs requirements. This
section was developed to avoid duplicating the procedures in effect in
U.S. government agencies that routinely transfer employees abroad. The
exemption is provided on the condition that the procedures these other
federal agencies follow to process used vehicle exports are in
compliance with Customs requirements and regulations.

To ensure that Customs is properly notified, the following procedures
have been developed for the primary and secondary vehicle(s) exported by
a U.S. government employee on official travel orders.

Customs does have the authority to conduct outbound inspections of
vehicles that are listed on official U.S. government travel orders, for
the purposes of verifying that the vehicles are not stolen and to ensure
agency compliance with 19 CFR Part 192. Local Customs offices must be
satisfied that procedures followed by the sponsoring agency are in
compliance with the reporting requirements of 19 CFR Part 192.

a\. Primary Vehicle

> The primary vehicle is the automobile that will be moved at government
> expense in conjunction with official U.S. government travel orders.
> Customs requires copies of two documents for the vehicle: (1) the
> official travel orders and (2) Department of Defense Form 788
> (DD-788), Private Vehicle Shipping Document for Automobile or, at DOD
> direction, the commercial shipping form identified to replace the
> DD-788. This document serves as a vehicle inventory form; it contains
> a description of the vehicle, including the VIN. The form must be
> attached to the copy of the travel orders when presented to Customs.
>
> If the vehicle is leased or has a recorded lien, the exporter must
> comply with the lease or lienholder release requirements of section
> 192.2 (b)(1)(ii).
>
> Per local port procedures, if a dock receipt is used, the dock receipt
> should also contain a description of the vehicle, including the VIN.
>
> Exportation by air or sea requires the carrier to indicate on the air
> waybill or bill of lading that the vehicle is exported in accordance
> with official government travel orders per the requirements of 19 CFR
> 192.2 (b)(1)(iii). The carrier will also verify the possession of
> official government travel orders by the exporter.

b\. Secondary Vehicle(s)

> Secondary vehicles are additional privately owned vehicles (POVs) that
> are exported at the government employee's personal arrangement,
> expense, and liability. If these POVs are listed with the primary
> vehicle on the employee's official U.S. government travel orders, the
> requirements and procedures to export them will be the same as for the
> primary vehicle.
>
> If the secondary vehicles are not listed with the primary vehicle on
> the travel orders, their export is considered to be an independent
> shipment. The secondary vehicles are reportable to Customs, and all
> the requirements of 19 CFR Part 192 apply and must be satisfied.

Vehicles Issued Official U.S. Government Diplomatic License Plates and
U.S. Department of State Certificate of Title

To export a used self-propelled vehicle that has a U.S. Department of
State (DOS) Certificate of Title, the owner must present a "Certified"
copy of the DOS Certificate of Title with DOS Seal affixed and signature
from the Office of Foreign Missions to Customs at the point of departure
or export.

To ensure that Customs is properly notified, field officers will accept
a certified copy of the DOS Certificate of Title with DOS seal affixed
and signature from the Office of Foreign Missions (see Attachment A).
This will avoid duplication of procedures. DOS will ensure that the
foreign mission or individual has complied with the basic requirements
for exporting a used self-propelled motor vehicle, including requiring a
letter of authorization to export from a lienholder if there is a
recorded lien or if the vehicle is leased. The 72 hour reporting
requirement will be fulfilled via the DOS internal policy.

If the vehicle has a recorded lien, the DOS will require a letter of
authorization to export from the lienholder before it issues the
original DOS certificate of title. If that letter is provided, the
lienholder's name will appear in the lienholder's box on the face of the
title. Because the DOS satisfied the third party ownership/claims
requirement before it issued the original certificate of title, the
lienholder's letter of authorization does not have to be presented to
Customs. However, if requested, the exporter should make available that
letter and other documentation that may facilitate the processing of the
vehicle's export.

Verification and Authentication of Documents

Inspectors assigned to export vehicle processing will verify and
authenticate each set of required documents and each vehicle presented
to Customs.

\(a\) Inspectors will review all documentation for compliance with the
regulations, giving special attention to the requirement that a document
must be either the original or a certified copy of the certificate of
title. If a certified copy is presented, it must be accompanied by a
copy of the original title (both sides) containing all of the pertinent
information, including lien information if applicable.

The certified document should contain a seal from the government
authority (DMV) and bear the certifying official's original signature
and title and the date.

NOTE: A notarized copy of these required documents will not be accepted.

\(b\) When the inspector determines that the documents are complete,
accurate, and in compliance with the regulatory requirements, the
documents and copies will be either stamped or perforated according to
local guidelines. Care should be taken to prevent the mutilation or
obstruction of required information on the original documents.

\(c\) If the documentation is not in compliance with regulations because
it is neither an original nor a certified copy of the certificate of
title, all documents will then be returned to the exporter with a
rejected notice or stamp issued as directed by port policy.

\(d\) When discrepancies are detected in the documentation that may
indicate title or odometer fraud or other significant violations, a
referral will be made to the appropriate state or local agency. All
documentation will be retained until a determination is made.

Penalty Provisions

The following is a list of penalties that can be issued for
non-compliance of vehicle export regulations:

\(a\) A \$500 penalty will be assessed against an exporter attempting to
export a vehicle without complying with the requirements set forth in 19
CFR Part 192. Also, the vehicle may be seized under 22 USC 401 as an
attempted exportation contrary to 19 USC 1627a(b) and 19 CFR 192.2.

\(b\) A \$500 penalty will be assessed against an exporter who has
exported a vehicle without complying with the requirements set forth in
19 CFR Part 192. If the carrier is still in possession of the vehicle,
redelivery may be demanded. Also, the vehicle may be seized under 22 USC
401 as an attempted exportation contrary to 19 USC 1627a(b) and 19 CFR
192.2. In addition, a carrier who fails to redeliver the vehicle may be
liable under 19 CFR 113.64(f) for liquidated damages.

\(c\) A penalty not to exceed \$10,000 may be assessed against an
importer or exporter who knowingly imports, exports, or attempts to
import or export: (1) any stolen self-propelled vehicle, vessel,
aircraft, or part of a self-propelled vehicle, vessel, or aircraft; or
(2) any self-propelled vehicle or part of a self-propelled vehicle from
which the identification number has been removed, obliterated, tampered
with, or altered.

\(d\) Any stolen self-propelled vehicle, vessel, or aircraft or part of
any self-propelled vehicle from which the identification number has been
removed, obliterated, tampered with, or altered may be subject to
seizure and forfeiture pursuant to 19 USC 1627a(a)(2). In addition, a
civil penalty not to exceed \$10,000 may be issued against the liable
party under 19 USC 1627a(a)(1).

\(e\) A carrier who fails to redeliver a shipment on which a "HOLD" has
been placed may be subject to payment of damages. (19 CFR 113.64 (f))

At airports and seaports, carriers will be notified of HOLDS on
shipments and subsequent releases of those shipments through hard copy
documents, either faxed or hand-delivered. If a carrier loads and
exports a shipment on which a HOLD has been placed, a written request
for redelivery will be issued. Failure to redeliver within 30 days of a
Notice of Redelivery may result in a liquidated damage claim in an
amount equal to three times the value of the shipment, at the discretion
of the Supervisor, Chief, Port Director, or Director, Field Operations.

\(f\) If a vessel master fails to include a used vehicle on a manifest,
or describes it inaccurately, under 19 USC 1436 the master is subject to
penalties.

The vessel master is charged with the responsibility for presenting a
true manifest. If used vehicles are not included on the manifest, or if
they are inaccurately described, a penalty of \$5,000 for a first
violation attributable to the master, and \$10,000 for a second
violation attributable to the same master, will be incurred.

ATTACHMENT A

CERTIFICATE OF TITLE