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Export, FTZ, Other Violations See Increased Civil Penalty Amounts

Monday, February 11, 2019
Sandler, Travis & Rosenberg Trade Report

The Department of Commerce is increasing for inflation the civil monetary penalty amounts that may be assessed for the following regulatory violations after March 1, including when the associated violation occurred before that date. However, the DOC notes that the actual penalty assessed for a particular violation will be dependent on a variety of factors.

- false or fraudulent claims under the Program Fraud Civil Remedies Act (31 USC 3802(a)(1) and (2)) – maximum increased from $ $11,181 to $11,463

- knowing use of false record or statement material to an obligation to pay or transmit money or property to the federal government (31 USC 3729(a)(1)(G)) – minimum increased from $11,181 to $11,463, maximum increased from $22,363 to $22,927

- Fastener Quality Act violations (15 USC 5408(b)(1)): maximum increased from $46,192 to $47,357

- prohibited acts relating to inspections or recordkeeping violations under the Chemical Weapons Convention Implementation Act (22 USC 6761(a)(1)(A) and (B)) – maximums increased from $37,601 to $38,549 and from $7,530 to $7,710, respectively

- violations of the International Emergency Economic Powers Act (50 USC 1705(b)) – maximum increased from $295,141 to $302,584

- violation of Export Controls Act of 2018 (50 USC 4819) – maximum of $300,000 (new penalty)

- failure to file export information or reports required by 13 USC 304 within prescribed period – maximum for each day’s delinquency increased from $1,360 to $1,394, maximum per violation increased from $13,605 to $13,948

- other unlawful export information activities under 13 USC 305 – maximum increased from $13,605 to $13,948

- failure to furnish any information required under 22 USC Chapter 46 (international investment and trade in services survey) – minimum increased from $4,619 to $4,735, maximum increased from $46,192 to $47,357

- foreign-trade zone violations (19 USC 81s): maximum increased from $2,852 to $2,924

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