19 U.S.C. § 3907

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 3907 - Enforcement

(a) In general

In addition to the enforcement provisions set forth in subsection (b)-

(1) a civil penalty of not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter; and

(2) whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than 10 years, or both; and any officer, director, or agent of any corporation who willfully participates in such violation may be punished by a like fine, imprisonment, or both.

(b) Import violations

Those customs laws of the United States, both civil and criminal, including those laws relating to seizure and forfeiture, that apply to articles imported in violation of such laws shall apply with respect to rough diamonds imported in violation of this chapter.

(c) Authority to enforce

The United States Bureau of Customs and Border Protection and the United States Bureau of Immigration and Customs Enforcement are authorized, as appropriate, to enforce the provisions of subsection (a) and to enforce the laws and regulations governing exports of rough diamonds, including with respect to the validation of the Kimberley Process Certificate by the exporting authority.

19 U.S.C. § 3907

Pub. L. 108-19, §8, Apr. 25, 2003, 117 Stat. 634.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATEFor effective date of this section, see section 15 of Pub. L. 108-19 set out as a note under section 3901 of this title.

Kimberley Process Certificate: The term "Kimberley Process Certificate" means a forgery resistant document of a Participant that demonstrates that an importation or exportation of rough diamonds has been controlled through the Kimberley Process Certification Scheme and contains the minimum elements set forth in Annex I to the Kimberley Process Certification Scheme.
exporting authority: The term "exporting authority" means 1 or more entities designated by a Participant from whose territory a shipment of rough diamonds is being exported as having the authority to validate the Kimberley Process Certificate.
person: The term "person" means an individual or entity.