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16 U.S.C. § 4242 — Penalties and enforcement

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4242 — Penalties and enforcement

**(a) Criminal violations** Whoever knowingly violates [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4223&num=0&edition=prelim) shall, upon conviction, be fined under title 18 or imprisoned for not more than one year, or both. **(b) Civil violations** Whoever violates [section 4223 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4223&num=0&edition=prelim) may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. **(c) Procedures for assessment of civil penalty** Proceedings for the assessment of a civil penalty under this section shall be conducted in accordance with the procedures provided for in [section 1540(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/a&num=0&edition=prelim). **(d) Use of penalties** Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under [section 4225 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4225&num=0&edition=prelim) and, to the extent not used to pay such rewards, shall be deposited by the Secretary of the Treasury into the Fund. **(e) Enforcement** The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this subchapter in the same manner such Secretaries carry out enforcement activities under [section 1540(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/e&num=0&edition=prelim). [Section 1540(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1540/c&num=0&ed

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Source file: Laws/federal/codes/united-states-code/title-16/section-4242-penalties-and-enforcement--c8fe385a2c.md
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Source location: Title 16, Chapter 62, § 4242; chapter-062-african-elephant-conservation.md

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4223 — Advisory group

**(a) In general** To assist in carrying out this chapter, the Secretary may convene an advisory group consisting of individuals representing public and private organizations actively involved in the conservation of African elephants. **(b) Public participation** (1) **Meetings** — The Advisory Group 11 So in original. Probably should not be capitalized. shall— (A) ensure that each meeting of the advisory group is open to the public; and (B) provide, at each meeting, an opportunity for interested persons to present oral or written statements concerning items on the agenda. (2) **Notice** — The Secretary shall provide to the public timely notice of each meeting of the advisory group. (3) **Minutes** — Minutes of each meeting of the advisory group shall be kept by the Secretary and shall be made available to the public. **(c) Exemption from chapter 10 of title 5** Chapter 10 of title 5 shall not apply to the advisory group.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4225 — Moratoria

**(a) Ivory producing countries** (1) **In general** — The Secretary shall establish a moratorium on the importation of raw and worked ivory from an ivory producing country immediately upon making a determination that the country does not meet all the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). (2) **Later establishment** — With regard to any ivory producing country for which the Secretary has insufficient information to make a determination pursuant to [section 4221(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b&num=0&edition=prelim), the Secretary shall establish a moratorium on the importation of raw and worked ivory from such country not later than January 1, 1990, unless, based on new information, the Secretary concludes before that date that the country meets all of the criteria set forth in [section 4221(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4221/b/1&num=0&edition=prelim). **(b) Intermediary countries** The Secretary shall establish a moratorium on the importation of raw and worked ivory from an intermediary country immediately upon making a determination that the country— (1) is not a party to CITES; (2) does not adhere to the CITES Ivory Control System; (3) imports raw ivory from a country that is not an ivory producing country; (4) imports raw or worked ivory from a country that is not a party to CITES; (5) imports raw or worked ivory that originates in an ivory producing country in violation of the laws of that ivory producing country; (6) substantially increases its imports of raw or worked ivory from a country that is

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4242 — Certification under Pelly amendment

Page 2474 TITLE 16—CONSERVATION § 4225 shall apply to actions arising under this sub- chapter. (Pub. L. 100–478, title II, § 2204, Oct. 7, 1988, 102 Stat. 2320.) Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4225. Rewards (a) In general Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this chapter. (b) Amount The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less. (c) Limitation on eligibility An officer or employee of the United States or of any State or local government who furnishes information or renders service in the perform- ance of his or her official duties shall not be eli- gible for a reward under this section. (Pub. L. 100–478, title II, § 2205, Oct. 7, 1988, 102 Stat. 2320.) SUBCHAPTER III—MISCELLANEOUS § 4241. Relationship to Endangered Species Act of 1973 The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the

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