§ 304. — Filing export information, delayed filings, penalties for failure to file.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC304]
TITLE 13--CENSUS
CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
STATISTICS
Sec. 304. Filing export information, delayed filings, penalties
for failure to file
(a) The information or reports in connection with the exportation or
transportation of cargo required to be filed by carriers with the
Secretary of the Treasury under any rule, regulation, or order issued
pursuant to this chapter may be filed after the departure of such
carrier from the port or place of exportation or transportation, whether
such departing carrier is destined directly to a foreign port or place
or to a noncontiguous area, or proceeds by way of other ports or places
of the United States, provided that a bond in an approved form in a
penal sum of $10,000 is filed with the Secretary of the Treasury. The
Secretary of Commerce may, by a rule, regulation, or order issued in
conformity herewith, prescribe a maximum period after such departure
during which the required information or reports may be filed. In the
event any such information or report is not filed within such prescribed
period, a penalty not to exceed $1,000 for each day's delinquency beyond
the prescribed period, but not more than $10,000 per violation shall be
exacted. Civil suit may be instituted in the name of the United States
against the principal and surety for the recovery of any penalties that
may accrue and be exacted in accordance with the terms of the bond.
(b) Any person, other than a person described in subsection (a),
required to submit export information, shall file such information in
accordance with any rule, regulation, or order issued pursuant to this
chapter. In the event any such information or reports are not filed
within such prescribed period, the Secretary of Commerce (and officers
of the Department of Commerce specifically designated by the Secretary)
may impose a civil penalty not to exceed $1,000 for each day's
delinquency beyond the prescribed period, but not more than $10,000 per
violation.
(c) The Secretary may remit or mitigate any penalty incurred for
violations of this section and regulations issued pursuant thereto if,
in his opinion, they were incurred without willful negligence or fraud,
or other circumstances justify a remission or mitigation.
(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended Pub.
L. 107-228, div. B, title XIV, Sec. 1404(e), Sept. 30, 2002, 116 Stat.
1454.)
Amendments
2002--Subsec. (a). Pub. L. 107-228, Sec. 1404(e)(1), substituted ``a
penal sum of $10,000'' for ``the penal sum of $1,000'' in first sentence
and ``a penalty not to exceed $1,000 for each day's delinquency beyond
the prescribed period, but not more than $10,000 per violation'' for ``a
penalty not to exceed $100 for each day's delinquency beyond the
prescribed period, but not more than $1,000,'' in third sentence.
Subsecs. (b), (c). Pub. L. 107-228, Sec. 1404(e)(2), (3), added
subsec. (b) and redesignated former subsec. (b) as (c).
Section Referred to in Other Sections
This section is referred to in section 305 of this title.
