US (United States) Code. Title 13. Chapter 9: Collection and publication of foreing commerce and trade statistics

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Census

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-CITE-

13 USC CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN

COMMERCE AND TRADE STATISTICS 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

.

-HEAD-

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-MISC1-

301. Collection and publication.

302. Rules, regulations, and orders.

303. Secretary of Treasury, functions. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

304. Filing export information, delayed filings, penalties for

failure to file.

305. Penalties for unlawful export information activities.

306. Delegation of functions.

307. Relationship to general census law.

AMENDMENTS

2002 - Pub. L. 107-228, div. B, title XIV, Sec. 1404(f)(2),

Sept. 30, 2002, 116 Stat. 1456, added item 305 and struck out

former item 305 ''Violations, penalties''.

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13 USC Sec. 301 01/06/03

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TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 301. Collection and publication

-STATUTE-

(a) The Secretary is authorized to collect information from all

persons exporting from, or importing into, the United States and

the noncontiguous areas over which the United States exercises

sovereignty, jurisdiction, or control, and from all persons engaged

in trade between the United States and such noncontiguous areas and

between those areas, or from the owners, or operators of carriers

engaged in such foreign commerce or trade, and shall compile and

publish such information pertaining to exports, imports, trade, and

transportation relating thereto, as he deems necessary or

appropriate to enable him to foster, promote, develop, and further

the commerce, domestic and foreign, of the United States and for

other lawful purposes.

(b) The Secretary shall submit to the Committee on Ways and Means

of the House of Representatives and the Committee on Finance of the

Senate, on quarterly and cumulative bases, statistics on United

States imports for consumption and United States exports by country

and by product. Statistics on United States imports shall be

submitted in accordance with the Harmonized Tariff Schedule of the

United States Annotated for Statistical Reporting Purposes and

general statistical note 1 thereof, in detail as follows:

(1) net quantity;

(2) United States customs value;

(3) purchase price or its equivalent;

(4) equivalent of arm's length value;

(5) aggregate cost from port of exportation to United States

port of entry;

(6) a United States port of entry value comprised of (5) plus

(4), if applicable, or, if not applicable, (5) plus (3); and

(7) for transactions where (3) and (4) are equal, the total

value of such transactions.

The data for paragraphs (1), (2), (3), (5), and (6) shall be

reported separately for nonrelated and related party transactions,

and shall also be reported as a total of all transactions.

(c) In submitting any information under subsection (b) with

respect to exports, the Secretary shall state separately from the

total value of all exports -

(1)(A) the value of agricultural commodities exported under the

Agricultural Trade Development and Assistance Act of 1954, as

amended; and

(B) the total amount of all export subsidies paid to exporters

by the United States under such Act for the exportation of such

commodities; and

(2) the value of goods exported under the Foreign Assistance

Act of 1961.

(d) To assist the Secretary to carry out the provisions of

subsections (b) and (c) -

(1) the Secretary of Agriculture shall furnish information to

the Secretary concerning the value of agricultural commodities

exported under provisions of the Agricultural Trade Development

and Assistance Act of 1954, as amended, and the total amounts of

all export subsidies paid to exporters by the United States under

such Act for the exportation of such commodities; and

(2) the Secretary of State shall furnish information to the

Secretary concerning the value of goods exported under the

provisions of the Foreign Assistance Act of 1961, as amended.

(e) There shall be reported, on monthly and cumulative bases, for

each heading or subheading in the Harmonized Tariff Schedule of the

United States Annotated for Statistical Reporting Purposes, the

United States port of entry value (as determined under subsection

(b)(6)). There shall be reported, on monthly and cumulative bases,

the balance of international trade for the United States reflecting

(1) the aggregate value of all United States imports as reported in

accordance with the first sentence of this subsection, and (2) the

aggregate value of all United States exports. The information

required to be reported under this subsection shall be reported in

a form that is adjusted for economic inflation or deflation (on a

constant dollar basis consistent with the reporting of the National

Income and Product Accounts), and in a form that is not so

adjusted.

(f) On or before January 1, 1981, and as often thereafter as may

be necessary to reflect significant changes in rates, there shall

be reported for each heading or subheading in the Harmonized Tariff

Schedule of the United States Annotated for Statistical Reporting

Purposes, the ad valorem or ad valorem equivalent rate of duty

which would have been required to be imposed on dutiable imports

under that heading or subheading, if the United States customs

values of such imports were based on the United States port of

entry value (as reported in accordance with the first sentence of

subsection (e)) in order to collect the same amount of duties on

imports under that heading or subheading as are currently

collected.

(g) Shippers' Export Declarations (or any successor document),

wherever located, shall be exempt from public disclosure unless the

Secretary determines that such exemption would be contrary to the

national interest.

(h) The Secretary is authorized to require by regulation the

filing of Shippers' Export Declarations under this chapter through

an automated and electronic system for the filing of export

information established by the Department of the Treasury.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended

Pub. L. 93-618, title VI, Sec. 609(a), Jan. 3, 1975, 88 Stat. 2074;

Pub. L. 96-39, title XI, Sec. 1108(a), July 26, 1979, 93 Stat. 313;

Pub. L. 96-275, Sec. 1, June 17, 1980, 94 Stat. 539; Pub. L.

100-418, title I, Sec. 1214(a)(2), 1931(a), 1932, Aug. 23, 1988,

102 Stat. 1155, 1320; Pub. L. 106-113, div. B, Sec. 1000(a)(7)

(div. B, title XII, Sec. 1252(a)), Nov. 29, 1999, 113 Stat. 1536,

1501A-506.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (b), (e), and (f), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of Title 19, Customs Duties.

The Agricultural Trade Development and Assistance Act of 1954,

referred to in subsecs. (c)(1), (d)(1), is act July 10, 1954, ch.

649, 68 Stat. 454, as amended, which is classified generally to

chapter 41 (Sec. 1691 et seq.) of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title

note set out under section 1691 of Title 7 and Tables.

The Foreign Assistance Act of 1961, referred to in subsecs.

(c)(2), (d)(2), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32 (Sec. 2151

et seq.) of Title 22, Foreign Relations and Intercourse. For

complete classification of this Act to the Code, see Short Title

note set out under section 2151 of Title 22 and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (h). Pub. L. 106-113 added subsec. (h).

1988 - Subsec. (b). Pub. L. 100-418, Sec. 1214(a)(2)(A),

substituted ''Harmonized Tariff Schedule of the United States

Annotated for Statistical Reporting Purposes and general

statistical note 1 thereof'' for ''Tariff Schedules of the United

States Annotated and general statistical headnote 1 thereof''.

Subsec. (e). Pub. L. 100-418, Sec. 1932, inserted at end ''The

information required to be reported under this subsection shall be

reported in a form that is adjusted for economic inflation or

deflation (on a constant dollar basis consistent with the reporting

of the National Income and Product Accounts), and in a form that is

not so adjusted.''

Pub. L. 100-418, Sec. 1931(a), struck out at end ''The values and

balance of trade required to be reported by this subsection shall

be released no later than 48 hours before the release of any other

government statistics concerning values of United States imports or

United States balance of trade, or statistics from which such

values or balance may be derived.''

Pub. L. 100-418, Sec. 1214(a)(2)(B), substituted ''heading or

subheading in the Harmonized Tariff Schedule of the United States

Annotated for Statistical Reporting Purposes'' for ''item in the

Tariff Schedules of the United States Annotated'' in first

sentence.

Subsec. (f). Pub. L. 100-418, Sec. 1214(a)(2)(C), substituted

''heading or subheading in the Harmonized Tariff Schedule of the

United States Annotated for Statistical Reporting Purposes'' for

''item of the Tariff Schedules of the United States Annotated'' and

''under that heading or subheading'' for ''under that item'', in

two places.

1980 - Subsec. (g). Pub. L. 96-275 added subsec. (g).

1979 - Subsecs. (e), (f). Pub. L. 96-39 added subsecs. (e) and

(f).

1975 - Pub. L. 93-618 designated existing provisions as subsec.

(a) and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. B, title XII,

Sec. 1252(c)), Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided

that: ''The amendment made by subsection (a) (amending this

section) shall take effect 270 days after the Secretary of

Commerce, the Secretary of the Treasury, and the Director of the

National Institute of Standards and Technology jointly provide a

certification to the Committee on Foreign Relations of the Senate

and the Committee on International Relations of the House of

Representatives that a secure Automated Export System available

through the Internet that is capable of handling the expected

volume of information required to be filed under subsection (b)

(set out below), plus the anticipated volume from voluntary use of

the Automated Export System, has been successfully implemented and

tested and is fully functional with respect to reporting all items

on the United States Munitions List, including their quantities and

destinations.'' (The Automated Export System Certification Report

was submitted to the Committee on Foreign Relations of the Senate

on June 11, 2001, and to the Committee on International Relations

of the House of Representatives on May 31, 2001. See 66 F.R.

39006.)

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1214(a)(2) of Pub. L. 100-418 effective Jan.

1, 1989, and applicable with respect to articles entered on or

after such date, see section 1217(b)(1) of Pub. L. 100-418, set out

as an Effective Date note under section 3001 of Title 19, Customs

Duties.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 4 of Pub. L. 96-275 provided that:

''(a) Except as provided in subsection (b), this Act, and the

amendments made by this Act (amending this section and enacting

provisions set out as a note under this section), shall become

effective on the later of July 1, 1980, or the date of enactment of

this Act (June 17, 1980).

''(b) The amendment made by section 2 (amending section 93 of

former Title 46, Shipping) shall become effective on the date which

is forty-five days after the date of enactment of this Act (June

17, 1980).''

EFFECTIVE DATE OF 1979 AMENDMENT

Section 1108(b) of Pub. L. 96-39 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply to

reports made after December 31, 1979.''

EFFECTIVE DATE OF 1975 AMENDMENT

Section 609(b) of Pub. L. 93-618 provided that: ''The amendments

made by subsection (a) (amending this section) shall take effect on

January 1, 1975.''

EFFECTIVE DATE

Section 4 of Pub. L. 87-826 provided that: ''The provisions of

this Act (enacting section 301 et seq. of this title and repealing

sections 173, 174, 177, 179, 181, 184 to 187, and 193 of Title 15,

Commerce and Trade, sections 92 and 95 of former Title 46,

Shipping, and section 1486 of Title 48, Territories and Insular

Possessions) shall take effect one hundred and eighty days after

approval (Oct. 15, 1962), except that the last sentence of section

337, ''Fifth'' of the Revised Statutes (section 174 of Title 15),

and the requirement for oaths as found in section 4200 of the

Revised Statutes (section 92 of former Title 46) shall be repealed

effective on the date this Act is approved (Oct. 15, 1962).''

REGULATIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. B, title XII,

Sec. 1252(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-506, provided

that:

''(1) In general. - The Secretary of Commerce, with the

concurrence of the Secretary of State, shall publish regulations in

the Federal Register to require that, upon the effective date of

those regulations, exporters (or their agents) who are required to

file Shippers' Export Declarations under chapter 9 of title 13,

United States Code, file such Declarations through the Automated

Export System with respect to exports of items on the United States

Munitions List or the Commerce Control List.

''(2) Elements of the regulations. - The regulations referred to

in paragraph (1) shall include at a minimum -

''(A) provision by the Department of Commerce for the

establishment of on-line assistance services to be available for

those individuals who must use the Automated Export System;

''(B) provision by the Department of Commerce for ensuring that

an individual who is required to use the Automated Export System

is able to print out from the System a validated record of the

individual's submission, including the date of the submission and

a serial number or other unique identifier, where appropriate,

for the export transaction; and

''(C) a requirement that the Department of Commerce print out

and maintain on file a paper copy or other acceptable back-up

record of the individual's submission at a location selected by

the Secretary of Commerce.''

IMPROVEMENTS TO THE AUTOMATED EXPORT SYSTEM

Pub. L. 107-228, div. B, title XIV, Sec. 1404(a)-(c), Sept. 30,

2002, 116 Stat. 1454, provided that:

''(a) Contribution to the Automated Export System. - Of the

amount provided under section 1402 of this Act (116 Stat. 1453),

$250,000 is authorized to be available for the purpose of -

''(1) providing the Department (of State) with full access to

the Automated Export System;

''(2) ensuring that the system is modified to meet the needs of

the Department (of State), if such modifications are consistent

with the needs of other United States Government agencies; and

''(3) providing operational support.

''(b) Mandatory Filing. - The Secretary of Commerce, with the

concurrence of the Secretary of State and the Secretary of (the)

Treasury, shall publish regulations in the Federal Register to

require, upon the effective date of those regulations, that all

persons who are required to file export information under chapter 9

of title 13, United States Code, file such information through the

Automated Export System.

''(c) Requirement for Information Sharing. - The Secretary (of

State) shall conclude an information-sharing arrangement with the

heads of the United States Customs Service and the Census Bureau -

''(1) to allow the Department (of State) to access information

on controlled exports made through the United States Postal

Service; and

''(2) to adjust the Automated Export System to parallel

information currently collected by the Department.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

VOLUMETRIC INDEX

Section 1931(b) of Pub. L. 100-418 provided that:

''(1) The Director of the Census, in consultation with the

Director of the Bureau of Economic Analysis and the Commissioner of

Labor Statistics, shall conduct a study to determine the

feasibility of developing, and of publishing, an index that

measures the real volume of merchandise trade on a monthly basis,

which would be reported simultaneously with the balance of

merchandise trade for the United States.

''(2) The Director of the Census shall submit to the Committee on

Finance of the Senate and the Committee on Ways and Means of the

House of Representatives a report on the study conducted under

paragraph (1) by no later than the date that is one year after the

date of enactment of this Act (Aug. 23, 1988).''

CONGRESSIONAL ACCESS TO INFORMATION

Section 3 of Pub. L. 96-275 provided that: ''Nothing in this Act

(enacting subsec. (g) of this section, amending section 93 of

former Title 46, Shipping, and enacting provisions set out as notes

under this section) shall be construed as authorizing the

withholding of information from Congress.''

-CROSS-

DEFINITIONS

Pub. L. 106-113, div. B, Sec. 1000(a)(7) (div. B, title XII,

subtitle E, Sec. 1256), Nov. 29, 1999, 113 Stat. 1536, 1501A-507,

provided that: ''In this subtitle (amending this section and

enacting provisions set out as notes above):

''(1) Automated export system. - The term 'Automated Export

System' means the automated and electronic system for filing

export information established under chapter 9 of title 13,

United States Code, on June 19, 1995 (60 Federal Register 32040).

''(2) Commerce control list. - The term 'Commerce Control List'

has the meaning given the term in section 774.1 of title 15, Code

of Federal Regulations.

''(3) Shippers' export declaration. - The term 'Shippers'

Export Declaration' means the export information filed under

chapter 9 of title 13, United States Code, as described in part

30 of title 15, Code of Federal Regulations.

''(4) United states munitions list. - The term 'United States

Munitions List' means the list of items controlled under section

38 of the Arms Export Control Act (22 U.S.C. 2778).''

-CITE-

13 USC Sec. 302 01/06/03

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TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 302. Rules, regulations, and orders

-STATUTE-

The Secretary may make such rules, regulations, and orders as he

deems necessary or appropriate to carry out the provisions of this

chapter. Any rules, regulations, or orders issued pursuant to this

authority may be established in such form or manner, may contain

such classifications or differentiations, and may provide for such

adjustments and reasonable exceptions as in the judgment of the

Secretary are necessary or proper to effectuate the purpose of this

chapter, or to prevent circumvention or evasion of any rule,

regulation, or order issued hereunder. The Secretary may also

provide by rule or regulation, for such confidentiality,

publication, or disclosure, of information collected hereunder as

he may deem necessary or appropriate in the public interest.

Rules, regulations, and orders, or amendments thereto shall have

the concurrence of the Secretary of the Treasury prior to

promulgation.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951.)

-CITE-

13 USC Sec. 303 01/06/03

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TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 303. Secretary of Treasury functions

-STATUTE-

To assist the Secretary to carry out the provisions of this

chapter, the Secretary of the Treasury shall collect information in

the form and manner prescribed by the regulations issued pursuant

to this chapter from persons engaged in foreign commerce or trade

and from the owners or operators of carriers.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 951; amended

Pub. L. 107-228, div. B, title XIV, Sec. 1404(d), Sept. 30, 2002,

116 Stat. 1454.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-228 struck out '', other than by mail,'' after

''foreign commerce or trade''.

-CITE-

13 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 304. Filing export information, delayed filings, penalties for

failure to file

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended

Pub. L. 107-228, div. B, title XIV, Sec. 1404(e), Sept. 30, 2002,

116 Stat. 1454.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228, Sec. 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, Sec. 1404(e)(2), (3), added

subsec. (b) and redesignated former subsec. (b) as (c).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-CITE-

13 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 305. Penalties for unlawful export information activities

-STATUTE-

(a) Criminal Penalties. -

(1) Failure to file; submission of false or misleading

information. - Any person who knowingly fails to file or

knowingly submits false or misleading export information through

the Shippers Export Declaration (SED) (or any successor document)

or the Automated Export System (AES) shall be subject to a fine

not to exceed $10,000 per violation or imprisonment for not more

than 5 years, or both.

(2) Furtherance of illegal activities. - Any person who

knowingly reports any information on or uses the SED or the AES

to further any illegal activity shall be subject to a fine not to

exceed $10,000 per violation or imprisonment for not more than 5

years, or both.

(3) Forfeiture penalties. - Any person who is convicted under

this subsection shall, in addition to any other penalty, be

subject to forfeiting to the United States -

(A) any of that person's interest in, security of, claim

against, or property or contractual rights of any kind in the

goods or tangible items that were the subject of the violation;

(B) any of that person's interest in, security of, claim

against, or property or contractual rights of any kind in

tangible property that was used in the export or attempt to

export that was the subject of the violation; and

(C) any of that person's property constituting, or derived

from, any proceeds obtained directly or indirectly as a result

of the violation.

(b) Civil Penalties. - The Secretary (and officers of the

Department of Commerce specifically designated by the Secretary)

may impose a civil penalty not to exceed $10,000 per violation on

any person violating the provisions of this chapter or any rule,

regulation, or order issued thereunder, except as provided in

section 304. Such penalty may be in addition to any other penalty

imposed by law.

(c) Civil Penalty Procedure. -

(1) In general. - Whenever a civil penalty is sought for a

violation of this section or of section 304, the charged party is

entitled to receive a formal complaint specifying the charges

and, at his or her request, to contest the charges in a hearing

before an administrative law judge. Any such hearing shall be

conducted in accordance with sections 556 and 557 of title 5,

United States Code.

(2) Commencement of civil actions. - If any person fails to pay

a civil penalty imposed under this chapter, the Secretary may

request the Attorney General to commence a civil action in an

appropriate district court of the United States to recover the

amount imposed (plus interest at currently prevailing rates from

the date of the final order). No such action may be commenced

more than 5 years after the date the order imposing the civil

penalty becomes final. In such action, the validity, amount, and

appropriateness of such penalty shall not be subject to review.

(3) Remission or mitigation of penalties. - The Secretary may

remit or mitigate any penalties imposed under paragraph (1) if,

in the Secretary's opinion -

(A) the penalties were incurred without willful negligence or

fraud; or

(B) other circumstances exist that justify a remission or

mitigation.

(4) Applicable law for delegated functions. - If, pursuant to

section 306, the Secretary delegates functions under this section

to another agency, the provisions of law of that agency relating

to penalty assessment, remission or mitigation of such penalties,

collection of such penalties, and limitations of actions and

compromise of claims, shall apply.

(5) Deposit of payments in general fund of the treasury. - Any

amount paid in satisfaction of a civil penalty imposed under this

section or section 304 shall be deposited into the general fund

of the Treasury and credited as miscellaneous receipts.

(d) Enforcement. -

(1) By the secretary of commerce. - The Secretary of Commerce

may designate officers or employees of the Office of Export

Enforcement to conduct investigations pursuant to this chapter.

In conducting such investigations, those officers or employees

may, to the extent necessary or appropriate to the enforcement of

this chapter, exercise such authorities as are conferred upon

them by other laws of the United States, subject to policies and

procedures approved by the Attorney General.

(2) By the commissioner of customs. - The Commissioner of

Customs may designate officers or employees of the Customs

Service to enforce the provisions of this chapter, or to conduct

investigations pursuant to this chapter.

(e) Regulations. - The Secretary of Commerce shall promulgate

regulations for the implementation and enforcement of this section.

(f) Exemption. - The criminal fines provided for in this section

are exempt from the provisions of section 3571 of title 18, United

States Code.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952; amended

Pub. L. 107-228, div. B, title XIV, Sec. 1404(f)(1), Sept. 30,

2002, 116 Stat. 1455.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-228 substituted ''Penalties for unlawful

export information activities'' for ''Violations, penalties'' in

section catchline and amended text generally. Prior to amendment,

text read as follows: ''Any person, including the owners or

operators of carriers, violating the provisions of this chapter, or

any rule, regulation, or order issued thereunder, except as

provided in section 304 above, shall be liable to a penalty not to

exceed $1,000 in addition to any other penalty imposed by law. The

amount of any such penalty shall be payable into the Treasury of

the United States and shall be recoverable in a civil suit in the

name of the United States.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

13 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 306. Delegation of functions

-STATUTE-

Subject to the concurrence of the head of the department or

agency concerned, the Secretary may make such provisions as he

shall deem appropriate, authorizing the performance by any officer,

agency, or employee of the United States Government departments or

offices, or the governments of any areas over which the United

States exercises sovereignty, jurisdiction, or control, of any

function of the Secretary, contained in this chapter.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-CITE-

13 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 13 - CENSUS

CHAPTER 9 - COLLECTION AND PUBLICATION OF FOREIGN COMMERCE AND

TRADE STATISTICS

-HEAD-

Sec. 307. Relationship to general census law

-STATUTE-

The following sections only, 1, 2, 3, 4, 5, 6, 7, 11, 21, 22, 23,

24, 211, 212, 213, and 214, of chapters 1 through 7 of this title

are applicable to this chapter.

-SOURCE-

(Added Pub. L. 87-826, Sec. 2, Oct. 15, 1962, 76 Stat. 952.)

-CITE-