Collapse to view only § 301. Collection and publication
- § 301. Collection and publication
- § 302. Rules, regulations, and orders
- § 303. Secretary of Treasury functions
- § 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
§ 301. Collection and publication
(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 Food for Peace Act, 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 Food for Peace Act, 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 span or subspan 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. 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 span or subspan 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 span or subspan, 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 span or subspan 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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 951; amended Pub. L. 93–618, title VI, § 609(a), Jan. 3, 1975, 88 Stat. 2074; Pub. L. 96–39, title XI, § 1108(a), July 26, 1979, 93 Stat. 313; Pub. L. 96–275, § 1, June 17, 1980, 94 Stat. 539; Pub. L. 100–418, title I, §§ 1214(a)(2), 1931(a), 1932, Aug. 23, 1988, 102 Stat. 1155, 1320; Pub. L. 106–113, div. B, § 1000(a)(7) [div. B, title XII, § 1252(a)], Nov. 29, 1999, 113 Stat. 1536, 1501A–506; Pub. L. 110–246, title III, § 3001(b)(1)(A), (2)(M), June 18, 2008, 122 Stat. 1820.)
§ 302. Rules, regulations, and orders
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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 951.)
§ 303. Secretary of Treasury functions
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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 951; amended Pub. L. 107–228, div. B, title XIV, § 1404(d), Sept. 30, 2002, 116 Stat. 1454.)
§ 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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 952; amended Pub. L. 107–228, div. B, title XIV, § 1404(e), Sept. 30, 2002, 116 Stat. 1454.)
§ 305. Penalties for unlawful export information activities
(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 1
1 See Change of Name note below.
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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 952; amended Pub. L. 107–228, div. B, title XIV, § 1404(f)(1), Sept. 30, 2002, 116 Stat. 1455; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
§ 306. Delegation of functions
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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 952.)
§ 307. Relationship to general census law
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.
(Added Pub. L. 87–826, § 2, Oct. 15, 1962, 76 Stat. 952.)