seized and the nearest DEA office will be immediately notified
unless otherwise locally agreed upon. Questioning of arrested
violators will be limited to obtaining personal history and
seizure information for Customs forms. Further questioning is
the responsibility of DEA. Chain of custody forms or receipts
are required for transfers of all seized items.

Customs will take every step possible to preserve all evidentiary
material and not remove suspected drugs from original containers
when such action compromises evidentiary and investigative potential.
In those instances where DEA will not accept custody of detained
persons or seizure of drugs due to U.S. Attorney prosecutive
policy, DEA will notify local enforcement authorities for prose-
cutive consideration. Otherwise DEA will request Customs to notify
these authorities. When local enforcement authority declines,
Customs will proceed to assess administrative and civil penalties,
as appropriate. Otherwise, administrative and civil penalties
should be held in abeyance until local prosecution is completed.

9) Convoy Operations After Customs Seizures

In those instances where DEA decides to convoy the contraband
seized by Customs to the ultimate consignee, Customs personnel
will fully cooperate, and will withhold publicity. All seized
vehicles or conveyances will be included in a chain of custody
receipt.

The weighing of the contraband may be waived when the method of concealment makes it impractical. At the termination of the convoy, an accurate weight will be supplied by DEA to the originating district director, and the chain of custody will be annotated with the correct weight. Customs officers will not normally participate in this type of convoy operation.

At the termination of this type convoy operation, involved vehicle or conveyance shall be released to the custody of the nearest district director of Customs.

10) Disposition of Vehicles, Vessels, Aircraft and Seizures in Joint Enforcement

All vehicles, vessels, and aircraft involved in joint smuggling
cases will be seized and forfeited by Customs. Final disposition
of the conveyance will be determined by a joint Headquarters review
board comprised of Customs and DEA personnel. Guidelines governing
disposition will be developed.

Upon prior DEA request in writing, Customs will not administratively dispose of seized aircraft or other conveyances until it is no longer

directed to establish communication with their respective counterparts to better coordinate their respective operations. Similar cooperation and harmonious working relationships should be implemented at all subordinate levels. It must be recognized that good faith as well as mutual respect for the statutory responsibilities of our agencies and for the employees are the cornerstones upon which full cooperation must be established. To this end, Customs and DEA personnel must take the appropriate affirmative actions to minimize conflict and develop a combined program which adequately serves the interests of the United States of America and its citizenry.

required for evidence by the courts or termination of DEA in-
vestigation.

11) Referral to Other Agencies (Chain of Custody and Laboratory Sampling)

12)

13)

14)

Customs will continue, in the case of seized heroin and cocaine, weighing two ounces or more, to take samples not to exceed 7 grams. However, the Customs laboratory will not perform the quantitative and qualitative analysis until completion of the prosecutive action, except for special contingencies.

DEA Access to Customs Personnel and Controlled Areas

Designated Customs areas are not normally accessible to others.
Access to Customs controlled areas and Customs personnel on an as
needed basis will be obtained from the officer-in-charge of the
Customs facility in each instance. Customs will honor such re-
quests, provided that DEA personnel in no way interfere in exami-
nation and inspection processes.

Procedures When Discovery of Drugs is Made Before Actual Violators
Have Been Identified and Goods or Conveyances are Still in Customs
Custody

When Customs officers discover the presence of concealed drugs in
imported goods, and the goods or conveyances are still under Customs
custody or control, and they have not been claimed by a consignee
or reached their ultimate destination, Customs shall maintain con-
trol of the drugs, but DEA will be notified immediately. Customs
officers will cooperate with DEA and be guided by DEA's tactical
decisions regarding investigative development, arrest and seizure.

Any representation made to Federal, state or local prosecutors for mitigation of sentence or other consideration on behalf of a defendant who has cooperated in narcotic cases cr investigations will be made by DEA. DEA will bring to the attention of the appropriate prosecutor cooperation by a narcotic defendant who has assisted Customs.

There are existing DEA/Customs agreements not covered in this document that pertain to cross-designation of DEA agents, mail parcel drug interdiction and other matters. DEA and Customs mutually agree to review each of these and amend where appropriate for consistency with the cooperative intent of this agreement.

No guidelines are all encompassing and definitive for all occasions. Therefore, the appropriate field management of both agencies are

directed to establish communication with their respective counterparts to better coordinate their respective operations. Similar cooperation and harmonious working relationships should be implemented at all subordinate levels. It must be recognized that good faith as well as mutual respect for the statutory responsibilities of our agencies and for the employees are the cornerstones upon which full cooperation must be established." To this end, Customs and DEA personnel must take the appropriate affirmative actions to minimize conflict and develop a combined program which adequately serves the interests of the United States of America and its citizenry.

Henry & Dogan

Henry S. gin
Acting Administrator

Druge Enforcement Administration

به

مسل

Vernon D. Acree
Commissioner

U.S. Customs Service