Page:United States Statutes at Large Volume 107 Part 3.djvu/239

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2177 (D) by inserting "described in section 508" after "transactions" in each of paragraphs (2)(B) and (4)(B); and (E) by inserting **, fees," after "duties" in paragraph (4)(A). (5) The following new subsections are added at the end thereof: "(e) LIST OF RECORDS AND INFORMATION.— The Customs Service shall identify and publisjti a list of the records or entry information that is required to be maintained and produced under subsection (a)(l)(A). "(f) RECORDKEEPING COMPLIANCE PROGRAM,— " (1) IN GENERAL.After consultation with the importing Regulations. community, the Customs Service shall by regulation establish a recordkeeping compliance program which the parties listed in section 508(a) may participate in after being certified by the Customs Service; under paragraph (2). Participation in the recordkeeping compliance program by recordkeepers is voluntary. "(2) CERTIFICATION.—^A recordkeeper may be certified as a participant in the recordkeeping compliance program after meeting the general recordkeeping requirements established under the program or after negotiating an alternative program suited to the needs of the recordkeeper and the Customs Service. Certification requirements shall take into account the size and nature of the im];)orting business and the volume of imports. In order to be certified, the recordkeeper miist be able to demonstrate that it— "(A) understands the legal requirements for recordkeeping, including the nature of the records required to be maintained and produced and the time periods involved; "(B) has in place procedures to explain the recordkeeping reqmrements to those employees who are involved in the preparation, maintenance, and production of required records; "(C) has in place procedures regarding the preparation and maintenance of required records, and the production of such records to the Customs Service; " (D) has designated a dependable individual or individuals to be responsible for recordkeeping compliance under the program and whose duties include maintaining familiarity with the recordkeeping requirements of the Customs Service; "(E) has a record maintenance procedure approved by the Customs Service for original records, or, if approved by the Customs Service, for alternative records or recordkeeping formats other than the original records; and "(F) has procedures for notifving the Customs Service of occurrences of variances to, and violations of, the requirements of the recordkeeping compliance program or the negotiated alternative programs, and for taking corrective action when notified by the Customs Service of violations or problems regarding such program. "(g) PENALTIES, — " (1) DEFINITION. — For purposes of this subsection, the term 'information' means any record, statement, declaration, document, or electronically stored or transmitted information or data referred to in subsection (a)(l)(A).