13 U.S.C. § 304 : US Code - Section 304: Filing export information, delayed filings, penalties for failure to file

Search 13 U.S.C. § 304 : US Code - Section 304: Filing export information, delayed filings, penalties for failure to file

(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.