§304 — Title 13 Census | U.S. Code

Summary

Carriers that must file cargo export or shipping reports can send them after leaving the port if they give a $10,000 bond to the Treasury. The Commerce Department will set how many days after departure the reports can still be filed. If the report is late past that time, a fine up to $1,000 for each day late can be charged, but no more than $10,000 for each missed filing. The U.S. can sue the carrier and the bond’s guarantor to collect those fines under the bond. Anyone else who must file export information must follow the Commerce rules and file on time. If they are late, Commerce (or officers it names) can fine up to $1,000 per day, capped at $10,000 per violation. The Secretary of Commerce can reduce or cancel a fine if the lateness was not willful, fraudulent, or other good reasons exist.

Title 13, §304

Census — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2002—Subsec. (a). Pub. L. 107–228, § 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, § 1404(e)(2), (3), added subsec. (b) and redesignated former subsec. (b) as (c).

§304 Filing Export Information, Delayed Filings, Penalties for Failure to File

Summary

Title 13, §304

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata