DOC Announces New Civil Monetary Penalties Adjusted for Inflation

The Department of Commerce has announced new civil monetary penalty amounts adjusted for inflation that may be assessed for the following regulatory violations after January 15, 2017, including in instances when the associated violation took place before that date. 

  • failure to file export reports or information required by 13 USC 304 within prescribed period – maximum for each day’s delinquency has been increased from $1,333 to $1,360, maximum per violation has been increased from $13,333 to $13,605
  • other unlawful export information activities under 13 USC 305 – the maximum has been increased from $13,333 to $13,605
  • failure to provide the information required under 22 USC Chapter 46 (international investment and trade in services survey) – minimum increased from $4,527 to $4,619, maximum increased from $45,268 to $46,192
  • foreign-trade zone violations (19 USC 81s) –  maximum increased from $2,795 to $2,852; false or fraudulent claims under the Program Fraud Civil Remedies Act (31 USC 3802(a)(1) and (2)) – maximum increased from $10,957 to $11,181
  • prohibited acts relating to inspections or recordkeeping violations under the Chemical Weapons Convention Implementation Act (22 USC 6761(a)(1)(A) and (B)) – maximum increased from $36,849 to $37,601
  • violations of the International Emergency Economic Powers Act (50 USC 1705(b)) – maximum increased from $289,238 to $295,141

Several other adjustments were also made pertaining to the use of false records to pay or transmit money or property to the federal government (31 USC 3729(a)(1)(G)) and to Fastener Quality Act violations (15 USC 5408(b)(1)).  To see the full list of adjustments, see the Federal Register.

Suzanne DeCuir, Global Trade Expertise