United States v. Three Burmese Statues, (3:07-cv-00250) W.D.N.C. June 24, 2008

Date issued: Jun. 24 2008

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TURBOFAC Commentary (327 words)

Notes:

1) In United States v. Three Burmese Statues a federal district court upholds the government's seizure and civil forfeiture of three original statutes imported by a U.S. person from Thailand. The statutes were products of Burma. The Burmese Sanctions Regulations, as they existed just prior to the importation, can be found at https://www.govinfo.gov/content/pkg/CFR-2006-title31-vol3/xml/CFR-2006-title31-vol3-part537.xml. Burma was, at the time, subject to a comprehensive import ban that covered all articles of Burmese origin, with very limited exceptions.

The case is notable for the fact that, throughout the proceedings, neither CBP, the DOJ, the claimant (whose property was confiscated) or the court realized that the importation of the statutes was generally licensed by 537.515, which provided that "importation of information or informational materials that are products of Burma and all transactions directly incident to such importation are...