Policy Statement to Part 145 - Examination of Sealed Letter Class Mail
19:2.0.1.1.5.6.2.3.1 :
Policy Statement to Part 145 - Examination of Sealed Letter Class
Mail
A. Customs officers and employees shall not open first class
mail arriving in the U.S. Virgin Islands for delivery there, if it
originated in the Customs territory of the United States, unless a
search warrant or written authorization of the sender or addressee
is obtained. Customs officers or employees may open and examine all
other sealed letter class mail which is subject to the Customs mail
regulations (see 19 CFR part 145) and which appears to contain
matter in addition to, or other than, correspondence, provided they
have “reasonable cause to suspect” the presence of merchandise or
contraband.
B. Customs officers and employees shall not open any sealed
letter class mail which appears to contain only correspondence
unless a search warrant or written authorization of the sender or
addressee is obtained in advance of the opening.
C. Customs officers and employees are prohibited from reading,
or authorizing or allowing others to read, any correspondence
contained in any letter class mail unless there has been obtained
in advance either a search warrant or written authorization of the
sender or addressee. This prohibition, which will continue to be
strictly enforced, also applies to correspondence between school
children and correspondence of the blind which are authorized to be
mailed at other than the letter rate of postage in international
mail.
D. If a violation of law is discovered upon opening any mail
article referred to in paragraph C, and it is believed that the
correspondence may provide additional information concerning the
violation and is therefore needed for further investigation or use
in court, a search warrant shall be obtained before any
correspondence is seized, read, or referred to another agency.
Search warrants shall be promptly sought. Correspondence may be
detained while a search warrant is being sought.
E. If no controlled delivery is arranged and correspondence is
not to be otherwise seized pursuant to a search warrant (see “F”
below), the item which constitutes the violation shall be removed
and any correspondence shall be replaced in the wrapper, or in a
new wrapper if the original wrapper has been seized pursuant to 19
U.S.C. 1595a. The wrapper shall then be resealed, marked to
indicate it was opened by Customs, and returned to postal channels.
Appropriate seizure notices shall be sent in accordance with 19 CFR
145.59(b).
F. No mail article may be referred to another agency without a
search warrant unless -
(1) Any correspondence has been removed and the mail article is
being referred for examination and clearance under 19 CFR
145.57,
(2) Any correspondence has been removed and the mail article has
been lawfully seized by Customs,
(3) The mail article is being referred to Postal Service
channels to effect a controlled delivery in cooperation with other
law enforcement agencies, or
(4) The mail article is being returned to Postal Service
channels for normal processing.
G. Whenever sealed letter class mail is opened, the factors
giving the Customs officer or employee “reasonable cause to
suspect” the presence of merchandise or contraband shall be
recorded on the appropriate form and on the opened envelope or
other container by means of appropriate coded symbols. Should a
seizure result, these factors shall also be recorded on the seizure
report.
H. Sealed letter class mail with the green Customs label on a
Customs declaration may be opened without additional cause.
Correspondence in such mail is subject to the restrictions
regarding the detention, reading, and referral of mail to other
agencies found in paragraphs C through F.
I. Whenever any sealed letter class mail is opened for any of
the reasons set forth in the above paragraphs, a Postal Service
employee shall be present and shall observe the opening.
J. Any violation of the Customs mail regulations or any of these
policies will lead to appropriate administrative sanctions, as well
as possible criminal prosecution pursuant to 18 U.S.C. 1702.
[T.D. 73-135, 38 FR 13369, May 21, 1973, as amended by T.D. 84-213,
49 FR 41185, Oct. 19, 1984]
Appendix to Part 145
19:2.0.1.1.5.6.2.3.2 :
Appendix to Part 145
A. Scope. The Customs Service is authorized to examine,
with certain exceptions for diplomatic and governmental mail, all
mail arriving from outside the Customs territory of the United
States (CTUS) which is to be delivered within the CTUS, and all
mail arriving from outside the U.S. Virgin Islands which is to be
delivered within the U.S. Virgin Islands. The term “Customs
territory of the United States” is limited to the States, the
District of Columbia, and Puerto Rico. Consequently, mail arriving
from other U.S. territories and possessions is subject to Customs
examination even though it is designated “domestic” mail for Postal
Service purposes. Likewise, mail in the APO/FPO military postal
system is subject to Customs examination, even though it also is
designated “domestic” mail for Postal Service purposes. The Customs
Service therefor is responsible for examining all international
mail to be delivered in the CTUS and certain limited categories of
so-called “domestic mail”.
B. Definitions. Under various international conventions
and bilateral agreements, international mail falls within two main
classes, Parcel Post and Postal Union mail.
Parcel Post is not permitted to contain correspondence but is to
be used for the transmission of merchandise and is fully subject to
Customs examination in the same manner as other merchandise
shipments (e.g., luggage, cargo, containers, etc.). Postal Union
mail is divided into “LC” mail (Lettres et Cartes) and “AO” mail
(Aures Objets).
“LC mail consists of letters, packages paid at the letter rate
of postage, post cards, and aerogrammes. The term “letter class
mail” as used in the Customs Regulations and in this policy
statement means “LC” mail as well as equivalent articles in
“domestic” mail subject to Customs examination. Equivalent articles
in “domestic” mail would include articles mailed at the letter
rate, or equivalent class or category, in the APO/FPO military
system or from a U.S. territory or possession outside the CTUS.
Since the term “letter class mail” thus includes packages and bulky
envelopes as long as they are mailed at the letter rate, or
equivalent class or category, the restrictions relating to opening
and reading of correspondence apply equally to such packages or
bulky envelopes.
“AO” mail is to be treated in the same manner as Parcel Post
mail since the Universal Postal Union Convention requires that they
“be made up in such a manner that they may be easily examined” and
generally are not permitted to “contain any document having the
character of current and personal correspondence.” Exceptions to
the latter requirement exist for matter for the blind and certain
correspondence between school children. Because of these
exceptions, the prohibition against reading correspondence without
a search warrant or authorization of the sender or addressee
applies to correspondence of the blind and correspondence between
school children contained in “AO” mail. “AO” mail can usually be
identified by the following words: “Imprime” or “Printed Matter”,
“Cecogramme” or “Literature for the Blind”, “Petit Paquet” or
“Small Packet” or similar terms or their equivalents.
C. Reasonable Cause to Suspect. Determining whether there
is “reasonable cause to suspect” that merchandise or contraband is
contained in sealed letter class mail is ultimately a matter of
judgment for each Customs official, based on all relevant facts and
circumstances. This judgment should be exercised within the
framework of the Customs regulation that sealed letter class mail
which appears to contain only correspondence is not to be opened
unless a search warrant or written authorization from either the
sender or the addressee has been obtained in advance of the
opening.
Past practice indicates that the following circumstances (which
are illustrative and not exhaustive) provide “reasonable cause to
suspect” and permit the opening of sealed letter class mail without
a search warrant or authorization of the sender or addressee.
1. A detector dog has alerted to the presence of narcotics or
explosives in a specific mail article.
2. X-ray of fluoroscope examination indicates the presence of
merchandise or contraband.
3. The weight, shape, feel, or sound of the mail article or its
contents may indicate that merchandise or contraband (e.g., a hard
object which may be jewelry, a stack of paper which may be
counterfeit money, or coins) could be in the mail article. Contents
of a mail article which feel lumpy, powdery, or spongy may, for
example, indicate the presence of narcotics.
4. Information from a source previously shown to be reliable
indicates that an identifiable mail article contains merchandise or
contraband.
5. The mail article is insured.
6. The mail article is a box, carton, or wrapper other than a
thin envelope.
7. The sender or addressee of the mail article is known to be
fictitious.
On the other hand, certain facts standing alone generally will
not provide “reasonable cause to suspect” the presence of
merchandise or contraband and therefore do not permit the opening
of sealed letter class mail. For example, sealed letter class mail
may not be opened merely because:
1. The mail article is registered.
2. The feel of a letter-size envelope suggests that it contains
one or a limited number of photographs.
3. The mail article appears to be part of a mass mailing.
4. The mail article is from a particular country, whether or not
a known source country of contraband.
5. A detector dog has alerted to the presence of narcotics or
explosives somewhere within a tray of mail (the individual articles
of mail must then be examined individually).
6. The sender of addressee of the mail article is known to have
mailed or received contraband or merchandise in violation of law in
the past.
7. The wrapper contains writing or typing similar to that
previously found on articles of mail which contained contraband or
merchandise in violation of law.
In case where any one of the above facts is present, additional
evidence must exist which in conjunction with that fact provides
reasonable cause to suspect the presence of merchandise or
contraband.
[T.D. 78-102, 43 FR 14454, Apr. 6, 1978, as amended by T.D. 83-212,
48 FR 46771, Oct. 14, 1983]