US flag Official website of the Department of Homeland Security

Mobile Nav Button

 

Penalty Mitigation Guidelines

First Violation:

In the case of the first drug-related violation of 19 U.S.C. 1584, which occurs subsequent to the effective date of this Agreement, and pending no evidence of knowledge or complicity on the part of the Carrier, a preliminary mitigated penalty of no more than 50 percent of the statutory penalty will be assessed. Further, Customs agrees to issue a decision on a submitted petition requesting further mitigation within 120 days of its receipt by Customs, unless additional investigative procedures or further requests for information are required. In order to obtain this expedited treatment, the Carrier must note clearly on both the petition and envelope that a standard Customs-Trade Partnership Against Terrorism (C-TPAT) Agreement to Voluntarily Participate is in effect.

Second Violation:

In the case of the second drug-related violation of 19 U.S.C. 1584, which occurs subsequent to the effective date of this Agreement, the full statutory penalty will be assessed. However, Customs agrees to issue a decision on a submitted petition requesting mitigation within 120 days of its receipt by Customs, unless additional investigative procedures or further requests for information are required. In order to obtain this expedited treatment, the Carrier must note clearly on both the petition and envelope that a standard Customs-Trade Partnership Against Terrorism (C-TPAT) Agreement to Voluntarily Participate is in effect.

Third or Subsequent Violation:

In the case of the third or subsequent drug-related violation of 19 U.S.C. 1584 which occurs subsequent to the effective date of this Agreement, the full statutory penalty will be assessed, and a petition requesting mitigation will be considered as the ordinary course of business.

Procedure after Violation-Free Period:

If, at any time subsequent to the effective date of this Agreement, there has been no drug-related violation of 19 U.S.C. 1584 for a 2-year period, the next drug-related violation will be treated as a first drug-related violation in the manner noted above.

Last published: 
September 16, 2015
Tags: