Background

The Department of Commerce is increasing for inflation the civil monetary penalty amounts that may be assessed for the following regulatory violations after Jan. 15, including when the associated violation occurred before that date. The DOC notes that the actual penalty assessed for a particular violation will depend on a variety of factors.

For more information on export penalties and how to avoid them, please contact attorney Kristine Pirnia via email.

- violations of the International Emergency Economic Powers Act (50 USC 1705(b)) – maximum increased from $311,562 to $330,947

- violations of Export Controls Act of 2018 (50 USC 4819) – maximum increased from $308,901 to $328,121

- failure to file export information or reports required by 13 USC 304 within prescribed period – maximum for each day’s delinquency increased from $1,436 to $1,525, maximum per violation increased from $14,362 to $15,256

- other unlawful export information activities under 13 USC 305(b) – maximum increased from $14,362 to $15,256

- foreign-trade zone violations (19 USC 81s): maximum increased from $3,011 to $3,198

- wildlife import/export violations under the Lacey Act (16 USC 3373(a)(1) and (a)(2)) – maximums increased from $27,879 to $29,614 and from $697 to $740, respectively

- seafood import/export violations under the High Seas Fishing Compliance Act (16 USC 5507(a)) – maximum increased from $169,412 to $179,953

- failure to furnish any information required under 22 USC Chapter 46 (international investment and trade in services survey) – minimum increased from $4,876 to $5,179, maximum increased from $48,762 to $51,796

- Fastener Quality Act violations (15 USC 5408(b)(1)): maximum increased from $48,762 to $51,796

- 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 $39,693 to $42,163 and from $7,939 to $8,433, respectively

- 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 $11,803 to $12,537, maximum increased from $23,607 to $25,076

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