Date: May 11, 1999

Sunset Review: May 11, 1999

SUBJECT: Delegation of Authority to the Commissioner, United States Customs Service, Under 31 U.S.C. ' 333, Misuse of Treasury Name or Symbol

1. PURPOSE. This Directive delegates to the Commissioner, United States Customs Service, certain criminal investigatory authority and civil penalty enforcement authority under 31 U.S.C. ' 333 relating to misuse of the name or symbol of the Department of the Treasury or any Treasury component or employee thereof as specified below.

2. DELEGATION. By virtue of the authority vested in the Secretary of the Treasury by 31 U.S.C. ' 333, and the authority delegated to the Under Secretary (Enforcement) by Treasury Order 101-05, there is hereby delegated to the Commissioner, United States Customs Service, authority to investigate criminal violations of, and to assess civil penalties under, section 333 involving:

(a) the misuse of the name or symbol of the Customs Service or the title or name of any Customs employee; or

(b) the name or symbol of the Department of the Treasury or the Secretary or any Treasury employee in connection with activities within the jurisdiction of the Customs Service.

3. CIVIL PENALTY AUTHORITY. The Commissioner, United States Customs Service, will assess, mitigate and collect civil penalties in accordance with guidelines issued by the Office of the Under Secretary (Enforcement).

4. REDELEGATION. The authority delegated by this Directive may be redelegated.

5. RATIFICATION. To the extent that any action heretofore taken consistent with this Directive may require ratification, it is hereby approved and ratified.

6. AUTHORITIES.

a. Treasury Order 101-05, "Reporting Relationships and Supervision of Officials, Offices and Bureaus, Delegation of Certain Authority, and Order of Succession in the Department of the Treasury."

b. 31 U.S.C. ' 333.

7. REFERENCES.

a. Treasury Directive 15-13, "Delegation of Authority to the Director, Bureau of Alcohol, Tobacco and Firearms, under 31 U.S.C. ' 333, Misuse of Treasury Name or Symbol".

b. Treasury Directive 15-43, "Delegation of Authority to the Commissioner, Internal Revenue Service, under 31 U.S.C. ' 333, Misuse of Treasury Name or Symbol".

c. Treasury Directive 15-57, "Delegation of Authority to the Director, United States Secret Service, under 31 U.S.C. ' 333, Misuse of Treasury Name or Symbol."

d. Treasury Directive 73-03, "Official Flags of the Department of the Treasury".

e. Treasury Directive 73-04, "Official Seal of the Department of the Treasury".

f. 18 U.S.C. ' 701

8. OFFICE OF PRIMARY INTEREST. Office of the Under Secretary (Enforcement).

/S/

James E. Johnson

Under Secretary (Enforcement)