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FMC and DOC Increase Civil Monetary Penalties

Effective 15 January, the Federal Maritime Commission and the DOC have increased for inflation the maximum civil monetary penalty amounts that may be assessed for the following regulatory or statutory violations.

FMC

  • adverse impact on U.S. carriers by foreign shipping practices: from $2,011,061 to $2,052,107
  • violation of 1984 Shipping Act or FMC regulation or order issued thereunder: from US$57,391 to US$58,562 for knowing and wilful violations, from US$11,478 to US$11,712 for others
  • operating in foreign commerce after tariff suspension: from US$114,782 to US$117,125
  • failure to provide required reports: from US$9,054, to US$9,239
  • adverse shipping conditions: from US$1,810,706 to US$1,847,663
  • operating after tariff or service contract suspension: from US$90,535 to US$92,383
  • failure to establish financial responsibility for non-performance of transportation or death or injury: from US$22,868 to US$23,335
  • making false claims or giving false statements in violation of Program Fraud Civil Remedies Act: from US$10,957 to US$11,181

DOC

  • false or fraudulent claims under the Program Fraud Civil Remedies Act (31 USC 3802(a)(1) and (2)) – maximum increased from US$10,957 to US$11,181
  • knowing use of false record or statement material to an obligation to pay or transmit money or property to the federal government (31 USC 3729(a)(1)(G)) – minimum increased from US$10,957 to US$11,181, maximum increased from US$21,916 to US$22,363
  • Fastener Quality Act violations (15 USC 5408(b)(1)): maximum increased from US$45,268 to US$46,192
  • 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 US$36,849 to US$37,601
  • violations of the International Emergency Economic Powers Act (50 USC 1705(b)) – maximum increased from US$289,238 to US$295,141
  • failure to file export information or reports required by 13 USC 304 within prescribed period – maximum for each day’s delinquency increased from US$1,333 to US$1,360, maximum per violation increased from US$13,333 to US$13,605
  • other unlawful export information activities under 13 USC 305 – maximum increased from US$13,333 to US$13,605
  • failure to furnish any information required under 22 USC Chapter 46 (international investment and trade in services survey) – minimum increased from US$4,527 to US$4,619, maximum increased from US$45,268 to US$46,192
  • foreign-trade zone violations (19 USC 81s): maximum increased from US$2,795 to US$2,852
Content provided by Picture: HKTDC Research
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