19 U.S.C. § 3907: Enforcement

Summary

Imposes penalties for breaking rules about rough diamonds. A person who breaks or tries to break a license, order, or rule can be fined up to $10,000. If the violation is done on purpose, the person can be fined up to $50,000, an individual can go to prison for up to 10 years, or both. Company officers who join in the wrongdoing can get the same penalties. U.S. customs civil and criminal laws, including seizure and forfeiture, apply when rough diamonds are imported illegally. U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) may enforce these penalties and the export rules, including checking the Kimberley Process Certificate.

Title 19, §3907

Customs Duties, Source: USLM XML via OLRC

(a)In general

In addition to the enforcement provisions set forth in subsection (b)—

(1)a civil penalty of not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter; and

(2)whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than 10 years, or both; and any officer, director, or agent of any corporation who willfully participates in such violation may be punished by a like fine, imprisonment, or both.

(b)Import violations

Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to rough diamonds imported in violation of this chapter.

(c)Authority to enforce

The United States Bureau of Customs and Border Protection and the United States Bureau of Immigration and Customs Enforcement are authorized, as appropriate, to enforce the provisions of subsection (a) and to enforce the laws and regulations governing exports of rough diamonds, including with respect to the validation of the Kimberley Process Certificate by the exporting authority.

Statutory Notes and Related Subsidiaries

Effective Date

For

Effective Date

of this section, see section 15 of Pub. L. 108–19, set out as a note under section 3901 of this title.

§3907 Enforcement

Summary

Title 19, §3907

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata