View all text of Part II [§ 1431 - § 1467]
§ 1436. Penalties for violations of arrival, reporting, entry, and clearance requirements
(a) Unlawful acts
It is unlawful—
(1) to fail to comply with section 1431, 1433, or 1434 of this title or section 60105 of title 46;
(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 1431, 1433(d), or 1434 of this title or section 60105 of title 46 without revealing the facts;
(3) to fail to make entry or to obtain clearance as required by section 1434 or 1644 of this title, section 60105 of title 46, or section 1644a(b)(1) or (c)(1) of this title; 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
(c) Criminal penalty
(d) Additional civil penalty
(e) Civil penalties for postal shipments
(1) Civil penalty
(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 1415(a)(3)(K) of this title;
(ii) is cooperating with U.S. Customs and Border Protection with respect to the violation of section 1415(a)(3)(K)(vii)(I) of this title; or
(iii) has taken remedial action to prevent future violations of section 1415(a)(3)(K)(vii)(I) of this title.
(B) Written notification
(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 1415(a)(3)(K)(vii)(I) of this title,
(B) has failed to cooperate with U.S. Customs and Border Protection with respect to violations of section 1415(a)(3)(K)(vii)(I) of this title, and
(C) has an increasing error rate in compliance with section 1415(a)(3)(K) of this title,
civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Border Protection, is taken.
(June 17, 1930, ch. 497, title IV, § 436, 46 Stat. 711; Aug. 5, 1935, ch. 438, title II, § 202, 49 Stat. 521; Pub. L. 99–570, title III, § 3113(a), Oct. 27, 1986, 100 Stat. 3207–81; Pub. L. 103–182, title VI, § 611, Dec. 8, 1993, 107 Stat. 2170; Pub. L. 104–295, § 21(e)(3), Oct. 11, 1996, 110 Stat. 3530; Pub. L. 115–271, title VIII, § 8007, Oct. 24, 2018, 132 Stat. 4080.)