Collapse to view only § 6761. Penalties
§ 6761. Penalties
(a) Civil
(1) Penalty amounts
(A) Prohibited acts relating to inspections
(B) Recordkeeping violations
(2) Hearing
(A) In general
(B) Conduct of hearing
(C) Issuance of orders
(D) Factors for determination of penalty amounts
(3) Administrative appellate review
(4) Offsets
(5) Judicial review
(6) Enforcement of orders
If a person fails to comply with a final order issued under this subsection against the person or entity—
(A) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (5), or
(B) after a court in an action brought under paragraph (5) has entered a final judgment in favor of the United States National Authority,
the Secretary of State shall file a suit to seek compliance with the order in any appropriate district court of the United States, plus interest at currently prevailing rates calculated from the date of expiration of the 30-day period referred to in paragraph (5) or the date of such final judgment, as the case may be. In any such suit, the validity and appropriateness of the final order shall not be subject to review.
(b) Criminal
(Pub. L. 105–277, div. I, title V, § 501, Oct. 21, 1998, 112 Stat. 2681–883.)
§ 6762. Specific enforcement
(a) Jurisdiction
The district courts of the United States shall have jurisdiction over civil actions to—
(1) restrain any violation of section 6726 or 6745 of this title; and
(2) compel the taking of any action required by or under this chapter or the Convention.
(b) Civil actions
(1) In general
A civil action described in subsection (a) may be brought—
(A) in the case of a civil action described in subsection (a)(1), in the United States district court for the judicial district in which any act, omission, or transaction constituting a violation of section 6726 or 6745 of this title occurred or in which the defendant is found or transacts business; or
(B) in the case of a civil action described in subsection (a)(2), in the United States district court for the judicial district in which the defendant is found or transacts business.
(2) Service of process
(Pub. L. 105–277, div. I, title V, § 502, Oct. 21, 1998, 112 Stat. 2681–885.)
§ 6763. Expedited judicial review
(a) Civil action
(b) En banc review
(Pub. L. 105–277, div. I, title V, § 503, Oct. 21, 1998, 112 Stat. 2681–885.)