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Department Of Commerce Increases Civil Monetary Penalties For 2022 – International Law


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The U.S. Department of Commerce (Commerce) is increasing each
civil monetary penalty within Commerce’s jurisdiction for 2022
by 6.2 percent. The increases become effective on Jan. 15,
2022.1 Note that the 2022 adjustments will apply to any
civil penalties assessed after the effective date, including those
whose associated violation occurred prior to Jan. 15,
2022. 

The adjustments are required by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended by the Debt Collection
Improvement Act of 1996 and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015. The
penalties are increased based on the cost-of-living adjustment,
which is the percentage by which the Consumer Price Index (CPI) for
the month of October 2021 exceeds the CPI for the month of October
2020.

International trade related penalty increases include the
following:

Bureau of Industry and Security

  • 50 U.S.C. 1705(b), International Emergency Economic Powers Act
    (2007), per violation maximum from $311,562 to $330,947

  • 50 U.S.C. 4819, Export Controls Act of 2018 (2018), per
    violation maximum from $308,901 to $328,121

Bureau of Economic Analysis

  • 22 U.S.C. 3105(a), International Investment and Trade in
    Services Act (1990); failure to furnish information, minimum from
    $4,876 to $5,179; maximum from $48,762 to $51,796

Census Bureau

  • 13 U.S.C. 304, Collection of Foreign Trade Statistics (2002);
    each day’s delinquency of a violation: not-to-exceed maximum
    per violation from $1,436 to $1,525; maximum per violation, from
    $14,362 to $15,256

  • 13 U.S.C. 305(b), Collection of Foreign Trade Statistics
    (2002), per violation maximum from $14,362 to $15,256

International Trade Administration

  • 19 U.S.C. 81s, Foreign Trade Zone (1934), per violation maximum
    from $3,011 to $3,198

  • 19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement
    Protective Order (1988), per violation maximum from $216,628 to
    $230,107

National Technical Information Service

  • 42 U.S.C. 1306c(c), Bipartisan Budget Act of 2013, per
    violation minimum from $1,012 to $1,075; maximum total penalty on
    any person for any calendar year, excluding willful or intentional
    violations, from $252,955 to $268,694

For any questions about Commerce’s adjustments to civil
penalties, contact the authors or another member of Holland &
Knight’s International Trade Group.

Footnote

1 Civil Monetary Penalty Adjustments for Inflation, 87
Fed. Reg. 157 (Jan. 4, 2022).

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