Page:United States Statutes at Large Volume 100 Part 4.djvu/362

 100 STAT. 3207-83

PUBLIC LAW 99-570—OCT. 27, 1986

"(d) DEPARTURE FROM DESIGNATED CUSTOMS FACILITIES.—Except

as otherwise authorized by the Secretary, any person required to report to a designated customs facility under subsection (a), Q)), or (c) may not depart that facility until authorized to do so by the appropriate customs officer. "(e) UNLAWFUL ACTS.—It is unlawful—

"(1) to fail to comply with subsection (a), (b), or (c); "(2) to present any forged, altered, or false document or paper to a customs officer under subsection (a), (b), or (c) without revealing the facts; "(8) to violate subsection (d); or "(4) to fail to comply with, or violate, any regulation prescribed to carry out subsection (a), (b), (c), or (d). "(f) CIVIL PENALTY.—Any individual who violates any provision of

subsection (e) is liable for a civil penalty of $5,000 for the first violation, and $10,000 for each subsequent violation. "(g) CRIMINAL PENALTY.—In addition to being liable for a civil penalty under subsection (f), any individual who intentionally violates any provision of subsection (e) is, upon conviction, liable for a fine of not more than $5,000, or imprisonment for not more than 1 year, or both.". (b) REPEAL.—Section 460 is repealed.

19 USC 1460.

SEC. 3116. PENALTIES FOR FAILURE TO DECLARE.

Section 497 of the Tariff Act of 1930 (19 U.S.C. 1497) is amended to read as follows: "SEC. 497. PENALTIES FOR FAILURE TO DECLARE.

. "(a) IN GENERAL.—(1) Any article which— "(A) is not included in the declaration and entry as made; and "(B) is not mentioned before examination of the baggage begins— "(i) in writing by such person, if written declaration and entry was required, or "(ii) orally, if written declaration and entry was not required; shall be subject to forfeiture and such person shall be liable for a penalty determined under paragraph (2) with respect to such article. "(2) The amount of the penalty imposed under paragraph (1) with respect to any article is equal to— "(A) if the article is a controlled substance, 200 percent of the value of the article; and "(B) if the article is not a controlled substance, the value of the article. '
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"(b) VALUE OF CONTROLLED SUBSTANCES.—(1) Notwithstanding any

other provision of this Act, the value of any controlled substance shall, for purposes of this section, be equal to the amount determined by the Secretary in consultation with the Attorney General of the United States, to be equal to the price at which such controlled substance is likely to be illegally sold to the consumer of such controlled substance. "(2) The Secretary and the Attorney General of the United States shall establish a method of determining the price a t which each controlled substance is likely to be illegedly sold to the consumer of such controlled substance.".

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