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U.S. Commerce Increases Civil Monetary Penalty Levels

Posted January 12, 2021

The U.S. Department of Commerce yesterday announced adjustments for the civil monetary penalties applied by the various bureaus and agencies that it controls.
Civil Monetary Penalties (Gavel and US $100 Bills on American Flag)
The Federal Civil Penalties Inflation Adjustment Act of 1990 authorizes such adjustments “to ensure that [civil monetary penalties] continue to maintain their deterrent value and that [such monetary penalties] due to the Federal Government were properly accounted for and collected.”

Among the more than 40 monetary penalty levels adjusted, the following are specifically related to international trade compliance:

  • False Claims Act violation:  Minimum increased to $11,803, Maximum increased to $23,607.
  • Bureau of Economic Analysis, International Investment and Trade in Services Act failure to furnish information:  Minimum increased to $4,876, Maximum increased to $48,762.
  • Bureau of Industry and Security, International Emergency Economic Powers Act violation: Maximum increased to $311,562.
  • Bureau of Industry and Security, Export Control Reform Act of 2018 violation: Maximum increased to $308,901.
  • Census Bureau, Collection of Foreign Trade Statistics violation: Maximum increased to $14,362.
  • International Trade Administration, Foreign Trade Zone violation: Maximum increased to $3,011.

These adjusted civil monetary penalties take effect on January 15, 2021.


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