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Prior Disclosure

customs-cbp · CBP · Rule · Published 1998-05-28 · 63 FR 29126

Document

Document number
98-14154
Federal Register citation
63 FR 29126
CFR reference
19 CFR 162
Type
Rule
Action
Final rule.
Category
customs-cbp
Sub-agency
CBP
Publication date
1998-05-28
Treasury docket
T.D. 98-49

Abstract

This document amends the Customs Regulations governing ``prior disclosure'', including implementation of the Customs modernization provisions of the North American Free Trade Implementation Act (Mod Act) concerning prior disclosure by a person of a violation of law committed by that person involving the filing or attempted filing of a drawback claim, or an entry or introduction, or attempted entry or introduction of merchandise into the United States by fraud, gross negligence, or negligence. Pursuant to the ``prior disclosure'' provision of 19 U.S.C. 1592(c)(4) as amended by the Mod Act, and 19 U.S.C. 1593a(c)(3), if a person commits a violation of 19 U.S.C. 1592 or 19 U.S.C. 1593a and discloses the circumstances of the violation before, or without knowledge of, the commencement of a formal investigation of such violation, merchandise shall not be seized and any monetary penalty to be assessed shall be limited. ``Commencement of a formal investigation'' for purposes of 19 U.S.C. 1592 and 1593a is defined in these regulations. The document also amends the regulations to give Fines, Penalties and Forfeitures Officers discretion to defer Customs disclosure verification proceedings until the disclosing party has an opportunity to explain all the circumstances underlying the disclosed violation.

Source

Authoritative
Federal Register document
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