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Code · BILL · 118th Congress · S. 3431 (Introduced in Senate) — To amend the Tariff Act of 1930 to strengthen the authorities of U.S. Customs and Border Protection to enforce the cu... · Sec. 303

Sec. 303. Expansion of liability for aiding unlawful importation and exportation

319 words·~1 min read·/bill/118/s/3431/is/section-303·

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Section 596 of the Tariff Act of 1930 ( 19 U.S.C. 1595a ) is amended— by amending subsection
(b)to read as follows: A person is liable for a penalty not to exceed the domestic value of an article or articles introduced or attempted to be introduced into the United States contrary to law if the person directs, assists financially or otherwise, or is in any way concerned in— the importation, introduction, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of the article or articles; or the attempted importation, introduction, bringing in, unlading, landing, removal, concealing, harboring, or subsequent transportation of the article or articles. The penalty specified in paragraph
(1)applies with respect to a person described in that paragraph without regard to whether the article or articles described in that paragraph were seized. ; in subsection (d)— by striking Merchandise exported and inserting the following: “ Merchandise exported contrary to law .— Merchandise exported ; by striking shall and inserting may ; and by adding at the end the following: A person that directs, assists financially or otherwise, or is in any way concerned in, the exportation or sending from the United States or the attempted exportation or sending from the United States of merchandise contrary to law is liable for a penalty not to exceed the export value of the merchandise. The penalty specified in subparagraph
(A)applies with respect to a person described in that subparagraph without regard to whether the merchandise exported or sent or attempted to be exported or sent from the United States contrary to law was seized. ; and by adding at the end the following: For any violation for which merchandise may be seized and forfeited under this section, the Secretary retains discretion to assess a penalty as provided by law, including a penalty pursuant to subsection
(b)or (d), as appropriate, instead of seizure and forfeiture. .
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Sec. 303
Expansion of liability for aiding unlawful importation and exportation
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