TITLE 13 - CENSUS
CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
Sec. 305. Penalties for unlawful export information activities
(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
(B) other circumstances exist that justify a remission or
(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
(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.)
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.
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