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CITE

    13 USC Sec. 305                                             01/05/2009

EXPCITE

    TITLE 13 - CENSUS
    CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
                 STATISTICS

HEAD

    Sec. 305. Penalties for unlawful export information activities

STATUTE

      (a) Criminal Penalties. -
        (1) Failure to file; submission of false or misleading
      information. - Any person who knowingly fails to file or
      knowingly submits false or misleading export information through
      the Shippers Export Declaration (SED) (or any successor document)
      or the Automated Export System (AES) shall be subject to a fine
      not to exceed $10,000 per violation or imprisonment for not more
      than 5 years, or both.
        (2) Furtherance of illegal activities. - Any person who
      knowingly reports any information on or uses the SED or the AES
      to further any illegal activity shall be subject to a fine not to
      exceed $10,000 per violation or imprisonment for not more than 5
      years, or both.
        (3) Forfeiture penalties. - Any person who is convicted under
      this subsection shall, in addition to any other penalty, be
      subject to forfeiting to the United States -
          (A) any of that person's interest in, security of, claim
        against, or property or contractual rights of any kind in the
        goods or tangible items that were the subject of the violation;
          (B) any of that person's interest in, security of, claim
        against, or property or contractual rights of any kind in
        tangible property that was used in the export or attempt to
        export that was the subject of the violation; and
          (C) any of that person's property constituting, or derived
        from, any proceeds obtained directly or indirectly as a result
        of the violation.
      (b) Civil Penalties. - The Secretary (and officers of the
    Department of Commerce specifically designated by the Secretary)
    may impose a civil penalty not to exceed $10,000 per violation on
    any person violating the provisions of this chapter or any rule,
    regulation, or order issued thereunder, except as provided in
    section 304. Such penalty may be in addition to any other penalty
    imposed by law.
      (c) Civil Penalty Procedure. -
        (1) In general. - Whenever a civil penalty is sought for a
      violation of this section or of section 304, the charged party is
      entitled to receive a formal complaint specifying the charges
      and, at his or her request, to contest the charges in a hearing
      before an administrative law judge. Any such hearing shall be
      conducted in accordance with sections 556 and 557 of title 5,
      United States Code.
        (2) Commencement of civil actions. - If any person fails to pay
      a civil penalty imposed under this chapter, the Secretary may
      request the Attorney General to commence a civil action in an
      appropriate district court of the United States to recover the
      amount imposed (plus interest at currently prevailing rates from
      the date of the final order). No such action may be commenced
      more than 5 years after the date the order imposing the civil
      penalty becomes final. In such action, the validity, amount, and
      appropriateness of such penalty shall not be subject to review.
        (3) Remission or mitigation of penalties. - The Secretary may
      remit or mitigate any penalties imposed under paragraph (1) if,
      in the Secretary's opinion -
          (A) the penalties were incurred without willful negligence or
        fraud; or
          (B) other circumstances exist that justify a remission or
        mitigation.
        (4) Applicable law for delegated functions. - If, pursuant to
      section 306, the Secretary delegates functions under this section
      to another agency, the provisions of law of that agency relating
      to penalty assessment, remission or mitigation of such penalties,
      collection of such penalties, and limitations of actions and
      compromise of claims, shall apply.
        (5) Deposit of payments in general fund of the treasury. - Any
      amount paid in satisfaction of a civil penalty imposed under this
      section or section 304 shall be deposited into the general fund
      of the Treasury and credited as miscellaneous receipts.
      (d) Enforcement. -
        (1) By the secretary of commerce. - The Secretary of Commerce
      may designate officers or employees of the Office of Export
      Enforcement to conduct investigations pursuant to this chapter.
      In conducting such investigations, those officers or employees
      may, to the extent necessary or appropriate to the enforcement of
      this chapter, exercise such authorities as are conferred upon
      them by other laws of the United States, subject to policies and
      procedures approved by the Attorney General.
        (2) By the commissioner of customs. - The Commissioner of
      Customs may designate officers or employees of the Customs
      Service to enforce the provisions of this chapter, or to conduct
      investigations pursuant to this chapter.
      (e) Regulations. - The Secretary of Commerce shall promulgate
    regulations for the implementation and enforcement of this section.
      (f) Exemption. - The criminal fines provided for in this section
    are exempt from the provisions of section 3571 of title 18, United
    States Code.

SOURCE

    (Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended
    Pub. L. 107-228, div. B, title XIV, Sec. 1404(f)(1), Sept. 30,
    2002, 116 Stat. 1455.)

AMENDMENTS

      2002 - Pub. L. 107-228 substituted "Penalties for unlawful export
    information activities" for "Violations, penalties" in section
    catchline and amended text generally. Prior to amendment, text read
    as follows: "Any person, including the owners or operators of
    carriers, violating the provisions of this chapter, or any rule,
    regulation, or order issued thereunder, except as provided in
    section 304 above, shall be liable to a penalty not to exceed
    $1,000 in addition to any other penalty imposed by law. The amount
    of any such penalty shall be payable into the Treasury of the
    United States and shall be recoverable in a civil suit in the name
    of the United States."

TRANSFER OF FUNCTIONS

      For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.