Page:United States Statutes at Large Volume 107 Part 3.djvu/245

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PUBLIC LAW 103-182—DEC. 8, 1993 107 STAT. 2183 specify all changes in the information provided under clauses (i) through (vii) of paragraph (I)(A). Such person shall have a reasonable opportunity under section 618 to make representations, both oral and written, seeking remission or mitigation of the monetary penalty. At the conclusion of any proceeding under section 618, the Customs Service shall provide to the person concerned a written statement which sets forth the final determination, and the findings of fact and conclusions of law on which such determination is based. "(c) MAXIMUM PENALTIES. — "(1) FRAUD. — ^A fraudulent violation of subsection (a) of this section is pimishable by a civil penalty in an amount not to exceed 3 times the actual or potential loss of revenue. "(2) NEGLIGENCE. — "(A) IN GENERAL.— A negligent violation of subsection (a) is pimishable by a civil penalty in an amount not to exceed 20 percent of the actual or potential loss of revenue for the 1st violation. "(B) REPETITIVE VIOLATIONS. —If the Customs Service determines that a repeat negligent violation occurs relating to the same issue, the penalty amount for the 2d violation shall be in an amount not to exceed 50 percent of the total actu£d or potential loss of revenue. The penalty amount for each succeeding repetitive negligent violation shall be in an amount not to exceed the actual or potential loss of revenue. If the same party commits a nonrepetitive violation, that violation shall be subject to a penalty not to exceed 20 percent of the actual or potential loss of revenue. "(3) PRIOR DISCLOSURE.— "(A) IN GENERAL. —Subject to subparagraph (B), if the person concerned discloses the circumstances of a violation of subsection (a) before, or without knowledge of the commencement of, a formal investigation of such violation, the monetary penalty assessed under this subsection may not exceed— "(i) if the violation resulted from fraud, an amount equal to the actual or potential revenue of which the United States is or may be deprived as a result of overpayment of the claim; or "(ii) if the violation resulted from negligence, an amount equal to the interest computed on the basis of the prevailing rate of interest applied under section 6621 of the Internal Revenue Code of 1986 on the amount of actual revenue of which the United States is or may be deprived during the period that— "(I) begins on the date of the overpayment of the claim; and "(II) ends on the date on which the person concerned tenders the amount of the overpayment. "(B) CONDITION AFFECTING PENALTY LIMITATIONS.— The limitations in subparagraph (A) on the amount of the monetary penalty to be assessed under subsection (c) apply only if the person concerned tenders the amount of the overpayment made on the claim at the time of disclosure, or within 30 days (or such longer period as the Customs