Sec. 436. PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS
752 words·~3 min read·
/statute-compilations/comps-8183/sec-436A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 436 PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS **[**[19 U.S.C. 1436](/us/usc/t19/s1436)**]** ###
(a)Unlawful Acts It is unlawful— ####
(1)to fail to comply with section 431, 433, or 434 of this Act or section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91); ####
(2)to present or transmit, electronically or otherwise, any forged, altered, or false document, paper, information, data or manifest to the Customs Service under section 431, 433(d), or 434 of this Act or section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91) without revealing the facts; ####
(3)to fail to make entry or to obtain clearance as required by section 434 or 644 of this Act, section 4197 of the Revised Statutes of the United States (46 U.S.C. App. 91), or section 1109 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1509); or ####
(4)to fail to comply with, or violate, any regulation prescribed under any section referred to in any of paragraphs
(1)through (3). ###
(b)Civil Penalty Any master, person in charge of a vehicle, or aircraft pilot who commits any violation listed in subsection
(a)is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation, and any conveyance used in connection with any such violation is subject to seizure and forfeiture. ###
(c)Criminal Penalty In addition to being liable for a civil penalty under subsection (b), any master, person in charge of a vehicle, or aircraft pilot who intentionally commits any violation listed in subsection
(a)is, upon conviction, liable for a fine of not more than $2,000 or imprisonment for 1 year, or both; except that if the conveyance has, or is discovered to have had, on board any merchandise (other than sea stores or the equivalent for conveyances other than vessels) the importation of which into the United States is prohibited, such individual is liable for an additional fine of not more than $10,000 or imprisonment for not more than 5 years, or both. ###
(d)Additional Civil Penalty If any merchandise (other than sea stores or the equivalent for conveyances other than a vessel) is imported or brought into the United States in or aboard a conveyance which was not properly reported or entered, the master, person in charge of a vehicle, or aircraft pilot shall be liable for a civil penalty equal to the value of the merchandise and the merchandise may be seized and forfeited unless properly entered by the importer or consignee. If the merchandise consists of any controlled substance listed in section 584, the master, individual in charge of a vehicle, or pilot shall be liable to the penalties prescribed in that section. ###
(e)Civil Penalties for Postal Shipments ####
(1)Civil penalty A civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002. ####
(2)Modification of civil penalty #####
(A)In general U.S. Customs and Border Protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph
(1)if U.S. Customs and Border Protection determines that the United States Postal Service— ######
(i)has a low error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002; ######
(ii)is cooperating with U.S. Customs and Border Protection with respect to the violation of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002; or ######
(iii)has taken remedial action to prevent future violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002. #####
(B)Written notification U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph
(A)to reduce or dismiss a civil penalty imposed pursuant to paragraph (1). ####
(3)Ongoing lack of compliance If U.S. Customs and Border Protection determines that the United States Postal Service— #####
(A)has repeatedly committed violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002, #####
(B)has failed to cooperate with U.S. Customs and Border Protection with respect to violations of section 343(a)(3)(K)(vii)(I) of the Trade Act of 2002, and #####
(C)has an increasing error rate in compliance with section 343(a)(3)(K) of the Trade Act of 2002, civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Border Protection, is taken.
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 436
PENALTIES FOR VIOLATIONS OF THE ARRIVAL, REPORTING, ENTRY, AND CLEARANCE REQUIREMENTS
Cites 1Cited by 0 across 0 sources