§ 305. — Violations, penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 13USC305]
TITLE 13--CENSUS
CHAPTER 9--COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND TRADE
STATISTICS
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 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.
(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.
