Page:United States Statutes at Large Volume 98 Part 3.djvu/607

 PUBLIC LAW 98-573—OCT. 30, 1984

98 STAT. 2979

"(4) DUTIES.—A customs broker shall exercise responsible supervision and control over the customs business that it conducts. "(5) LAPSE OF LiCENSE.The failure of a customs broker that is licensed as a corporation, association, or partnership under paragraph (3) to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed under paragraph (2) shall, in addition to causing the broker to be subject to any other sanction under this section (including paragraph (6)), result in the revocation by operation of law of its license. "(6) PROHIBITED ACTS.—Any person who intentionally trans-

acts customs business, other than solely on the behalf of that person, without holding a valid customs broker's license granted to that person under this subsection shall be liable to the United States for a monetary penalty not to exceed $10,000 for each such transaction as well as for each violation of any other provision of this section. This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A). '(c) CUSTOMS BROKER'S PERMITS.—

"(1) IN GENERAL.—Each person granted a customs broker's license under subsection (b) shall— "(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and "(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsection (b)(2) to exercise responsible supervision and control over the customs business conducted by that person in that district. "(2) EXCEPTION.—If a person granted a customs broker's license under subsection (b) can demonstrate to the satisfaction of the Secretary that— "(A) he regularly employs in the region in which that district is located at least one individual who is licensed under subsection (b)(2), and "(B) that sufficient procedures exist within the company for the person employed in that region to exercise responsible supervision and control over the customs business conducted by that person in that district, the Secretary may waive the requirement in paragraph (I)(B). "(3) LAPSE OF PERMIT.—The failure of a customs broker

granted a permit under paragraph (1) to employ, for any continuous period of 180 days, at least one individual who is licensed under subsection (b)(2) within the district or region (if paragraph (2) applies) for which a permit was issued shall, in addition to causing the broker to be subject to any other sanction under this section (including any in subsection (d)), result in the revocation by operation of law of the permit. "(1) GENERAL RULE.—The Secretary may impose a monetary
 * (d) DisciPUNARY PROCEEDINGS.—

penalty in all cases with the exception of the infractions described in clause (iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs broker, if it is shown that the broker—

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