19 U.S.C. § 1592 — Penalties for fraud, gross negligence, and

Page 276 TITLE 19—CUSTOMS DUTIES § 1591 (e) Seizure and forfeiture (1) Except as provided in paragraph (2), a ves- sel or aircraft used in connection with, or in aid- ing or facilitating, any violation of this section, whether or not any person is charged in connec- tion with such violation, may be seized and for- feited in accordance with the customs laws. (2) Paragraph (1) does not apply to a vessel or aircraft operated as a common carrier. (f) ‘‘Merchandise’’ defined As used in this section, the term ‘‘merchan- dise’’ means only merchandise the importation of which into the United States is prohibited or restricted. (g) Definition of aircraft In this section, the term ‘‘aircraft’’— (1) has the meaning given that term in sec- tion 40102 of title 49; and (2) includes a vehicle described in section 103.1 of title 14, Code of Federal Regulations. (h) Intent of transfer of merchandise For purposes of imposing civil penalties under this section, any of the following acts, when per- formed within 250 miles of the territorial sea of the United States, shall be prima facie evidence that the transportation or possession of mer- chandise was unlawful and shall be presumed to constitute circumstances indicating that the purpose of the transfer is to make it possible for such merchandise, or any part thereof, to be in- troduced into the United States unlawfully, and for purposes of subsection (e) or section 1595a of this title, shall be prima facie evidence that an aircraft or vessel was used in connection with, or to aid or facilitate, a violation of this section: (1) The operation of an aircraft or a vessel without lights during such times as lights are required to be displayed under applicable law. (2) The presence on an aircraft of an auxil- iary fuel tank which is not installed in accord- ance with applicable law. (3) The failure to identify correctly— (A) the vessel by name or country of reg- istration, or (B) the aircraft by registration number and country of registration, when requested to do so by a customs officer or other government authority. (4) The external display of false registration numbers, false country of registration, or, in the case of a vessel, false vessel name. (5) The presence on board of unmanifested merchandise, the importation of which is pro- hibited or restricted. (6) The presence on board of controlled sub- stances which are not manifested or which are not accompanied by the permits or licenses re- quired under Single Convention on Narcotic Drugs or other international treaty. (7) The presence of any compartment or equipment which is built or fitted out for smuggling. (8) The failure of a vessel to stop when hailed by a customs officer or other govern- ment authority. (June 17, 1930, ch. 497, title IV, § 590, as added Pub. L. 99–570, title III, § 3120, Oct. 27, 1986, 100 Stat. 3207–84; amended Pub. L. 112–93, § 2(a), (b), Feb. 10, 2012, 126 Stat. 8.) Editorial Notes PRIOR PROVISIONS A prior section 1590, act June 17, 1930, ch. 497, title IV, § 590, 46 Stat. 750, related to false drawback claims, prior to repeal by act June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948. See section 550 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2012—Subsec. (d). Pub. L. 112–93, § 2(b), inserted ‘‘, or attempts or conspires to commit,’’ after ‘‘commits’’ in introductory provisions. Subsecs. (g), (h). Pub. L. 112–93, § 2(a), added subsec. (g) and redesignated former subsec. (g) as (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–93, § 2(c), Feb. 10, 2012, 126 Stat. 8, provided that: ‘‘The amendments made by this section [amend- ing this section] apply with respect to violations of any provision of section 590 of the Tariff Act of 1930 [19 U.S.C. 1590] on or after the 30th day after the date of the enactment of this Act [Feb. 10, 2012].’’ Executive Documents TERRITORIAL SEA OF UNITED STATES For extension of territorial sea of United States, see Proc. No. 5928, set out as a note under section 1331 of Title 43, Public Lands. § 1591. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948 Section, acts June 17, 1930, ch. 497, title IV, § 591, 46 Stat. 750; Aug. 5, 1935, ch. 438, title III, § 304(a), 49 Stat. 527, related to fraud and personal penalties. See section 542 of Title 18, Crimes and Criminal Procedure. § 1592. Penalties for fraud, gross negligence, and negligence (a) Prohibition (1) General rule Without regard to whether the United States is or may be deprived of all or a portion of any lawful duty, tax, or fee thereby, no person, by fraud, gross negligence, or negligence— (A) may enter, introduce, or attempt to enter or introduce any merchandise into the commerce of the United States by means of— (i) any document or electronically trans- mitted data or information, written or oral statement, or act which is material and false, or (ii) any omission which is material, or (B) may aid or abet any other person to violate subparagraph (A). (2) Exception Clerical errors or mistakes of fact are not violations of paragraph (1) unless they are part of a pattern of negligent conduct. The mere nonintentional repetition by an electronic sys- tem of an initial clerical error does not con- stitute a pattern of negligent conduct. (b) Procedures (1) Pre-penalty notice (A) In general If the Customs Service has reasonable cause to believe that there has been a viola- Page 277 TITLE 19—CUSTOMS DUTIES § 1592 tion of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written no- tice of its intention to issue a claim for a monetary penalty. Such notice shall— (i) describe the merchandise; (ii) set forth the details of the entry or introduction, the attempted entry or in- troduction, or the aiding or procuring of the entry or introduction; (iii) specify all laws and regulations al- legedly violated; (iv) disclose all the material facts which establish the alleged violation; (v) state whether the alleged violation occurred as a result of fraud, gross neg- ligence, or negligence; (vi) state the estimated loss of lawful du- ties, taxes, and fees, if any, and, taking into account all circumstances, the amount of the proposed monetary penalty; and (vii) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why a claim for a monetary penalty should not be issued in the amount stated. (B) Exceptions The preceding subparagraph shall not apply if— (i) the importation with respect to which the violation of subsection (a) occurs is noncommercial in nature, or (ii) the amount of the penalty in the pen- alty claim issued under paragraph (2) is $1,000 or less. (2) Penalty claim After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the Customs Service shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If the Customs Service determines that there was no violation, it shall promptly issue a written statement of the determina- tion to the person to whom the notice was sent. If the Customs Service determines that there was a violation, it shall issue a written penalty claim to such person. The written pen- alty claim shall specify all changes in the in- formation provided under clauses (i) through (vi) of paragraph (1)(A). Such person shall have a reasonable opportunity under section 1618 of this title to make representations, both oral and written, seeking remission or mitigation of the monetary penalty. At the conclusion of any proceeding under such section 1618, 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) is punishable by a civil penalty in an amount not to exceed the domestic value of the merchan- dise. (2) Gross negligence A grossly negligent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed— (A) the lesser of— (i) the domestic value of the merchan- dise, or (ii) four times the lawful duties, taxes, and fees of which the United States is or may be deprived, or (B) if the violation did not affect the as- sessment of duties, 40 percent of the dutiable value of the merchandise. (3) Negligence A negligent violation of subsection (a) is punishable by a civil penalty in an amount not to exceed— (A) the lesser of— (i) the domestic value of the merchan- dise, or (ii) two times the lawful duties, taxes, and fees of which the United States is or may be deprived, or (B) if the violation did not affect the as- sessment of duties, 20 percent of the dutiable value of the merchandise. (4) Prior disclosure If the person concerned discloses the cir- cumstances of a violation of subsection (a) be- fore, or without knowledge of, the commence- ment of a formal investigation of such viola- tion, with respect to such violation, merchan- dise shall not be seized and any monetary pen- alty to be assessed under subsection (c) shall not exceed— (A) if the violation resulted from fraud— (i) an amount equal to 100 percent of the lawful duties, taxes, and fees of which the United States is or may be deprived, so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount, or (ii) if such violation did not affect the assessment of duties, 10 percent of the du- tiable value; or (B) if such violation resulted from neg- ligence or gross negligence, the interest (computed from the date of liquidation at the prevailing rate of interest applied under section 6621 of title 26) on the amount of law- ful duties, taxes, and fees of which the United States is or may be deprived so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount. The person asserting lack of knowledge of the commencement of a formal investigation has the burden of proof in establishing such lack of knowledge. For purposes of this section, a formal investigation of a violation is consid- ered to be commenced with regard to the dis- Page 278 TITLE 19—CUSTOMS DUTIES § 1592 closing party and the disclosed information on the date recorded in writing by the Customs Service as the date on which facts and cir- cumstances were discovered or information was received which caused the Customs Serv- ice to believe that a possibility of a violation of subsection (a) existed. (5) Prior disclosure regarding claims under the USMCA An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 4531 of this title if the im- porter, in accordance with regulations pre- scribed by the Secretary of the Treasury, promptly makes a corrected declaration and pays any duties owing with respect to that good. (6) Prior disclosure regarding claims under the United States-Chile Free Trade Agreement An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 202 of the United States- Chile Free Trade Agreement Implementation Act if the importer, in accordance with regula- tions issued by the Secretary of the Treasury, voluntarily makes a corrected declaration and pays any duties owing. (7) Prior disclosure regarding claims under the United States-Singapore Free Trade Agree- ment (A) An importer shall not be subject to pen- alties under subsection (a) for making an in- correct claim that a good qualifies as an origi- nating good under section 202 of the United States-Singapore Free Trade Agreement Im- plementation Act if the importer, in accord- ance with regulations issued by the Secretary of the Treasury, voluntarily and promptly makes a corrected declaration and pays any duties owing. (B) In the regulations referred to in subpara- graph (A), the Secretary of the Treasury is au- thorized to prescribe time periods for making a corrected declaration and paying duties owing under subparagraph (A), if such periods are not shorter than 1 year following the date on which the importer makes the incorrect claim that a good qualifies as an originating good. (8) Prior disclosure regarding claims under the United States-Australia free trade agree- ment (A) In general An importer shall not be subject to pen- alties under subsection (a) for making an in- correct claim that a good qualifies as an originating good under section 203 of the United States-Australia Free Trade Agree- ment Implementation Act if the importer, in accordance with regulations issued by the Secretary of the Treasury, voluntarily and promptly makes a corrected declaration and pays any duties owing. (B) Time periods for making corrections In the regulations referred to in subpara- graph (A), the Secretary of the Treasury is authorized to prescribe time periods for making a corrected declaration and paying duties owing under subparagraph (A), if such periods are not shorter than 1 year following the date on which the importer makes the incorrect claim. (9) Prior disclosure regarding claims under the Dominican Republic-Central America- United States Free Trade Agreement An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 4033 of this title if the im- porter, in accordance with regulations issued by the Secretary of the Treasury, promptly and voluntarily makes a corrected declaration and pays any duties owing. (10) Prior disclosure regarding claims under the United States-Peru Trade Promotion Agreement An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 203 of the United States- Peru Trade Promotion Agreement Implemen- tation Act if the importer, in accordance with regulations issued by the Secretary of the Treasury, promptly and voluntarily makes a corrected declaration and pays any duties owing with respect to that good. (11) Prior disclosure regarding claims under the United States–Korea Free Trade Agree- ment An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 202 of the United States–Korea Free Trade Agreement Imple- mentation Act if the importer, in accordance with regulations issued by the Secretary of the Treasury, promptly and voluntarily makes a corrected declaration and pays any duties owing with respect to that good. (12) Prior disclosure regarding claims under the United States–Colombia Trade Pro- motion Agreement An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 203 of the United States–Colombia Trade Promotion Agreement Implementation Act if the importer, in ac- cordance with regulations issued by the Sec- retary of the Treasury, promptly and volun- tarily makes a corrected declaration and pays any duties owing with respect to that good. (13) Prior disclosure regarding claims under the United States–Panama Trade Pro- motion Agreement An importer shall not be subject to penalties under subsection (a) for making an incorrect claim that a good qualifies as an originating good under section 203 of the United States–Panama Trade Promotion Agreement Implementation Act if the importer, in ac- cordance with regulations issued by the Sec- retary of the Treasury, promptly and volun- tarily makes a corrected declaration and pays any duties owing with respect to that good. Page 279 TITLE 19—CUSTOMS DUTIES § 1592 1 So in original. Probably should be followed by a closing pa- renthesis. (14) Seizure If the Secretary has reasonable cause to be- lieve that a person has violated the provisions of subsection (a) and that such person is insol- vent or beyond the jurisdiction of the United States or that seizure is otherwise essential to protect the revenue of the United States or to prevent the introduction of prohibited or re- stricted merchandise into the customs terri- tory of the United States, then such merchan- dise may be seized and, upon assessment of a monetary penalty, forfeited unless the mone- tary penalty is paid within the time specified by law. Within a reasonable time after any such seizure is made, the Secretary shall issue to the person concerned a written statement containing the reasons for the seizure. After seizure of merchandise under this subsection, the Secretary may, in the case of restricted merchandise, and shall, in the case of any other merchandise (other than prohibited mer- chandise), return such merchandise upon the deposit of security not to exceed the max- imum monetary penalty which may be as- sessed under subsection (c). (d) Deprivation of lawful duties, taxes, or fees Notwithstanding section 1514 of this title, if the United States has been deprived of lawful duties, taxes, or fees as a result of a violation of subsection (a), the Customs Service shall require that such lawful duties, taxes, and fees be re- stored, whether or not a monetary penalty is as- sessed. (e) Court of International Trade proceedings Notwithstanding any other provision of law, in any proceeding commenced by the United States in the Court of International Trade for the re- covery of any monetary penalty claimed under this section— (1) all issues, including the amount of the penalty, shall be tried de novo; (2) if the monetary penalty is based on fraud, the United States shall have the burden of proof to establish the alleged violation by clear and convincing evidence; (3) if the monetary penalty is based on gross negligence, the United States shall have the burden of proof to establish all the elements of the alleged violation; and (4) if the monetary penalty is based on neg- ligence, the United States shall have the bur- den of proof to establish the act or omission constituting the violation, and the alleged vio- lator shall have the burden of proof that the act or omission did not occur as a result of negligence. (f) False certifications of origin under the USMCA (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a USMCA certifi- cation of origin (as such term is defined in sec- tion 1508 of this title) that a good exported from the United States qualifies as an origi- nating good under the rules of origin provided for in section 4531 of this title. The procedures and penalties of this section that apply to a violation of subsection (a) also apply to a vio- lation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a USMCA certification of or- igin has reason to believe that such certifi- cation contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cation was issued. (3) Exception A person shall not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a USMCA certifi- cation of origin but was later rendered in- correct due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (g) False certifications of origin under the United States-Chile Free Trade Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a Chile FTA Cer- tificate of Origin (as defined in section 1508(f)(1)(B) of this title 1 that a good exported from the United States qualifies as an origi- nating good under the rules of origin set out in section 202 of the United States-Chile Free Trade Agreement Implementation Act. The procedures and penalties of this section that apply to a violation of subsection (a) also apply to a violation of this subsection. (2) Immediate and voluntary disclosure of in- correct information No penalty shall be imposed under this sub- section if, immediately after an exporter or producer that issued a Chile FTA Certificate of Origin has reason to believe that such cer- tificate contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cate was issued. (3) Exception A person may not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a Chile FTA Certifi- cate of Origin but was later rendered incor- rect due to a change in circumstances; and (B) the person immediately and volun- tarily provides written notice of the change in circumstances to all persons to whom the person provided the certificate. Page 280 TITLE 19—CUSTOMS DUTIES § 1592 (h) False certifications of origin under the Do- minican Republic-Central America-United States Free Trade Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a CAFTA–DR cer- tification of origin (as defined in section 1508(g)(1)(B) of this title) that a good exported from the United States qualifies as an origi- nating good under the rules of origin set out in section 4033 of this title. The procedures and penalties of this section that apply to a viola- tion of subsection (a) also apply to a violation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a CAFTA–DR certification of origin has reason to believe that such certifi- cation contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cation was issued. (3) Exception A person may not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a CAFTA–DR certifi- cation of origin but was later rendered in- correct due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (i) False certifications of origin under the United States-Peru Trade Promotion Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a PTPA certifi- cation of origin (as defined in section 1508(h)(1)(B) of this title) that a good exported from the United States qualifies as an origi- nating good under the rules of origin provided for in section 203 of the United States-Peru Trade Promotion Agreement Implementation Act. The procedures and penalties of this sec- tion that apply to a violation of subsection (a) also apply to a violation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a PTPA certification of ori- gin has reason to believe that such certifi- cation contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cation was issued. (3) Exception A person shall not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a PTPA certification of origin but was later rendered incorrect due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (j) False certifications of origin under the United States–Korea Free Trade Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a KFTA certifi- cation of origin (as defined in section 1508 of this title) that a good exported from the United States qualifies as an originating good under the rules of origin provided for in sec- tion 202 of the United States–Korea Free Trade Agreement Implementation Act. The proce- dures and penalties of this section that apply to a violation of subsection (a) also apply to a violation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a KFTA certification of ori- gin has reason to believe that such certifi- cation contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cation was issued. (3) Exception A person shall not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a KFTA certification of origin but was later rendered incorrect due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (k) False certifications of origin under the United States–Colombia Trade Promotion Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a CTPA certifi- cation of origin (as defined in section 1508 of this title) that a good exported from the United States qualifies as an originating good under the rules of origin provided for in sec- tion 203 of the United States–Colombia Trade Promotion Agreement Implementation Act. The procedures and penalties of this section that apply to a violation of subsection (a) also apply to a violation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a CTPA certification of ori- gin has reason to believe that such certifi- Page 281 TITLE 19—CUSTOMS DUTIES § 1592 cation contains or is based on incorrect infor- mation, the exporter or producer voluntarily provides written notice of such incorrect in- formation to every person to whom the certifi- cation was issued. (3) Exception A person shall not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a CTPA certification of origin but was later rendered incorrect due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (l) False certifications of origin under the United States–Panama Trade Promotion Agreement (1) In general Subject to paragraph (2), it is unlawful for any person to certify falsely, by fraud, gross negligence, or negligence, in a Panama TPA certification of origin (as defined in section 1508 of this title) that a good exported from the United States qualifies as an originating good under the rules of origin provided for in section 203 of the United States–Panama Trade Promotion Agreement Implementation Act. The procedures and penalties of this sec- tion that apply to a violation of subsection (a) also apply to a violation of this subsection. (2) Prompt and voluntary disclosure of incor- rect information No penalty shall be imposed under this sub- section if, promptly after an exporter or pro- ducer that issued a Panama TPA certification of origin has reason to believe that such cer- tification contains or is based on incorrect in- formation, the exporter or producer volun- tarily provides written notice of such incor- rect information to every person to whom the certification was issued. (3) Exception A person shall not be considered to have vio- lated paragraph (1) if— (A) the information was correct at the time it was provided in a Panama TPA cer- tification of origin but was later rendered incorrect due to a change in circumstances; and (B) the person promptly and voluntarily provides written notice of the change in cir- cumstances to all persons to whom the per- son provided the certification. (June 17, 1930, ch. 497, title IV, § 592, 46 Stat. 750; Aug. 5, 1935, ch. 438, title III, § 304(b), 49 Stat. 527; Pub. L. 95–410, title I, § 110(a), Oct. 3, 1978, 92 Stat. 893; Pub. L. 96–417, title VI, § 609, Oct. 10, 1980, 94 Stat. 1746; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–182, title II, § 205(c), title VI, § 621, Dec. 8, 1993, 107 Stat. 2095, 2180; Pub. L. 104–295, §§ 3(a)(4), (5), 21(e)(12), (13), Oct. 11, 1996, 110 Stat. 3515, 3531; Pub. L. 106–36, title I, § 1001(b)(8), June 25, 1999, 113 Stat. 132; Pub. L. 108–77, title II, § 205(a), Sept. 3, 2003, 117 Stat. 930; Pub. L. 108–78, title II, § 204, Sept. 3, 2003, 117 Stat. 961; Pub. L. 108–286, title II, § 205, Aug. 3, 2004, 118 Stat. 939; Pub. L. 109–53, title II, § 206(a), Aug. 2, 2005, 119 Stat. 484; Pub. L. 110–138, title II, § 205(a), Dec. 14, 2007, 121 Stat. 1475; Pub. L. 112–41, title II, § 204(a), Oct. 21, 2011, 125 Stat. 448; Pub. L. 112–42, title II, § 205(a), Oct. 21, 2011, 125 Stat. 483; Pub. L. 112–43, title II, § 205(a), Oct. 21, 2011, 125 Stat. 518; Pub. L. 116–113, title II, § 204(a), Jan. 29, 2020, 134 Stat. 44.) AMENDMENT OF SECTION For termination of amendment by section 107(c) of Pub. L. 112–43, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–42, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 112–41, see Effective and Ter- mination Dates of 2011 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 110–138, see Effective and Ter- mination Dates of 2007 Amendment note below. For termination of amendment by section 107(d) of Pub. L. 109–53, see Effective and Ter- mination Dates of 2005 Amendment note below. For termination of amendment by section 106(c) of Pub. L. 108–286, see Effective and Ter- mination Dates of 2004 Amendment note below. For termination of amendment by section 107(c) of Pub. L. 108–78, see Effective and Ter- mination Dates of 2003 Amendments note below. For termination of amendment by section 107(c) of Pub. L. 108–77, see Effective and Ter- mination Dates of 2003 Amendments note below. Editorial Notes REFERENCES IN TEXT Section 202 of the United States-Chile Free Trade Agreement Implementation Act, referred to in subsecs. (c)(6) and (g)(1), is section 202 of Pub. L. 108–77, which is set out in a note under section 3805 of this title. Section 202 of the United States-Singapore Free Trade Agreement Implementation Act, referred to in subsec. (c)(7)(A), is section 202 of Pub. L. 108–78, which is set out in a note under section 3805 of this title. Section 203 of the United States-Australia Free Trade Agreement Implementation Act, referred to in subsec. (c)(8)(A), is section 203 of Pub. L. 108–286, which is set out in a note under section 3805 of this title. Section 203 of the United States-Peru Trade Pro- motion Agreement Implementation Act, referred to in subsecs. (c)(10) and (i)(1), is section 203 of Pub. L. 110–138, which is set out in a note under section 3805 of this title. Section 202 of the United States–Korea Free Trade Agreement Implementation Act, referred to in subsecs. (c)(11) and (j)(1), is section 202 of Pub. L. 112–41, which is set out in a note under section 3805 of this title. Section 203 of the United States–Colombia Trade Pro- motion Agreement Implementation Act, referred to in subsecs. (c)(12) and (k)(1), is section 203 of Pub. L. 112–42, which is set out in a note under section 3805 of this title. Section 203 of the United States–Panama Trade Pro- motion Agreement Implementation Act, referred to in subsecs. (c)(13) and (l)(1), is section 203 of Pub. L. 112–43, which is set out in a note under section 3805 of this title. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Oct. 3, 1913, ch. 16, § III, H, 38 Stat. 183, which was superseded by act Sept. 21, 1922, ch. 356, title IV, § 592, 42 Stat. 982, and was repealed by section 643 thereof. Section 592 of the 1922 act was superseded by Page 282 TITLE 19—CUSTOMS DUTIES § 1592 section 592 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 act. The provisions of section III, H, of the 1913 act were substituted for provisions of the same nature made by the Customs Administrative Act of June 10, 1890, ch. 407, §§ 6, 9, 26 Stat. 134, 135, amended and reenacted by Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 95, 97. Those provisions superseded similar provisions made by R.S. § 2864, as amended by act Feb. 18, 1875, ch. 80, 18 Stat. 319, prior to repeal by act Sept. 21, 1922, ch. 356, title IV, § 642, 42 Stat. 989. R.S. § 2839 provided for forfeiture of merchandise en- tered, but not invoiced according to the actual cost at the place of exportation, with the design to evade pay- ment of duty. It was repealed by the Customs Adminis- trative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141, and provisions of a similar nature were made by section 9 of that act, amended by the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, § 28, 36 Stat. 97, and further amended by the Underwood Tariff Act of Oct. 3, 1913, ch. 16, § III, H, 38 Stat. 183. Act June 22, 1874, ch. 391, § 16, 18 Stat. 189, required special findings as to fraud in actions, etc., to enforce forfeitures, etc., prior to repeal by Customs Adminis- trative Act of June 10, 1890, ch. 407, § 29, 26 Stat. 141. AMENDMENTS 2020—Subsec. (c)(5). Pub. L. 116–113, § 204(a)(1), added par. (5) and struck out former par. (5) which related to prior disclosure regarding NAFTA claims. Subsec. (f). Pub. L. 116–113, § 204(a)(2), added subsec. (f) and struck out former subsec. (f) which related to false certifications regarding exports to NAFTA countries. 2011—Subsec. (c)(11). Pub. L. 112–41, §§ 107(c), 204(a)(1)(B), temporarily added par. (11). Former par. (11) redesignated (12). See Effective and Termination Dates of 2011 Amendment note below. Subsec. (c)(12). Pub. L. 112–42, §§ 107(c), 205(a)(1)(B), temporarily added par. (12). Former par. (12) redesig- nated (13). See Effective and Termination Dates of 2011 Amendment note below. Pub. L. 112–41, §§ 107(c), 204(a)(1)(A), temporarily re- designated par. (11) as (12). See Effective and Termi- nation Dates of 2011 Amendment note below. Subsec. (c)(13). Pub. L. 112–43, §§ 107(c), 205(a)(1)(B), temporarily added par. (13). Former par. (13) redesig- nated (14). See Effective and Termination Dates of 2011 Amendment note below. Pub. L. 112–42, §§ 107(c), 205(a)(1)(A), temporarily re- designated par. (12) as (13). See Effective and Termi- nation Dates of 2011 Amendment note below. Subsec. (c)(14). Pub. L. 112–43, §§ 107(c), 205(a)(1)(A), temporarily redesignated par. (13) as (14). See Effective and Termination Dates of 2011 Amendment note below. Subsec. (j). Pub. L. 112–41, §§ 107(c), 204(a)(2), tempo- rarily added subsec. (j). See Effective and Termination Dates of 2011 Amendment note below. Subsec. (k). Pub. L. 112–42, §§ 107(c), 205(a)(2), tempo- rarily added subsec. (k). See Effective and Termination Dates of 2011 Amendment note below. Subsec. (l). Pub. L. 112–43, §§ 107(c), 205(a)(2), tempo- rarily added subsec. (l). See Effective and Termination Dates of 2011 Amendment note below. 2007—Subsec. (c)(10), (11). Pub. L. 110–138, §§ 107(c), 205(a)(1), temporarily added par. (10) and redesignated former par. (10) as (11). See Effective and Termination Dates of 2007 Amendment note below. Subsec. (i). Pub. L. 110–138, §§ 107(c), 205(a)(2), tempo- rarily added subsec. (i). See Effective and Termination Dates of 2007 Amendment note below. 2005—Subsec. (c)(9), (10). Pub. L. 109–53, §§ 107(d), 206(a)(1), temporarily added par. (9) and redesignated former par. (9) as (10). See Effective and Termination Dates of 2005 Amendment note below. Subsec. (h). Pub. L. 109–53, §§ 107(d), 206(a)(2), tempo- rarily added subsec. (h). See Effective and Termination Dates of 2005 Amendment note below. 2004—Subsec. (c)(8), (9). Pub. L. 108–286, §§ 106(c), 205, temporarily added par. (8) and redesignated former par. (8) as (9). See Effective and Termination Dates of 2004 Amendment note below. 2003—Subsec. (c)(6). Pub. L. 108–77, §§ 107(c), 205(a)(1)(B), temporarily added par. (6). Former par. (6) redesignated (7). See Effective and Termination Dates of 2003 Amendments note below. Subsec. (c)(7). Pub. L. 108–78, §§ 107(c), 204(2), tempo- rarily added par. (7). Former par. (7) redesignated (8). See Effective and Termination Dates of 2003 Amend- ments note below. Pub. L. 108–77, §§ 107(c), 205(a)(1)(A), temporarily re- designated par. (6) as (7). See Effective and Termi- nation Dates of 2003 Amendments note below. Subsec. (c)(8). Pub. L. 108–78, §§ 107(c), 204(1), tempo- rarily redesignated par. (7) as (8). See Effective and Termination Dates of 2003 Amendments note below. Subsec. (g). Pub. L. 108–77, §§ 107(c), 205(a)(2), tempo- rarily added subsec. (g). See Effective and Termination Dates of 2003 Amendments note below. 1999—Subsec. (c)(4)(A)(i), (B). Pub. L. 106–36 amended Pub. L. 103–182, § 621(4)(A). See 1993 Amendment notes below. 1996—Subsec. (a)(1). Pub. L. 104–295, § 3(a)(4)(A), sub- stituted ‘‘lawful duty, tax, or fee’’ for ‘‘lawful duty’’. Subsecs. (b)(1)(A)(vi), (c)(2)(A)(ii), (3)(A)(ii). Pub. L. 104–295, § 3(a)(4)(B), substituted ‘‘lawful duties, taxes, and fees’’ for ‘‘lawful duties’’. Subsec. (c)(4)(A)(i), (B). Pub. L. 104–295, § 21(e)(12), amended Pub. L. 103–182, § 621(4)(A). See 1993 Amend- ment notes below. Pub. L. 104–295, § 3(a)(4)(B), substituted ‘‘lawful du- ties, taxes, and fees’’ for ‘‘lawful duties’’ in two places. Subsec. (d). Pub. L. 104–295, § 21(e)(13), inserted comma after ‘‘taxes’’ in heading. Pub. L. 104–295, § 3(a)(5), substituted ‘‘and fees be re- stored’’ for ‘‘or fees be restored’’. 1993—Subsec. (a)(1)(A)(i). Pub. L. 103–182, § 621(1), in- serted ‘‘or electronically transmitted data or informa- tion’’ after ‘‘document’’. Subsec. (a)(2). Pub. L. 103–182, § 621(2), inserted at end ‘‘The mere nonintentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct.’’ Subsec. (b)(1)(A). Pub. L. 103–182, § 621(3)(A), sub- stituted ‘‘the Customs Service’’ for ‘‘the appropriate customs officer’’, ‘‘it shall issue’’ for ‘‘he shall issue’’ and ‘‘its intention’’ for ‘‘his intention’’ in introductory provisions. Subsec. (b)(2). Pub. L. 103–182, § 621(3)(B), substituted ‘‘the Customs Service shall determine’’ for ‘‘the appro- priate customs officer shall determine’’, ‘‘the Customs Service determines’’ for ‘‘such officer determines’’ in two places, ‘‘it shall’’ for ‘‘he shall’’ in two places, and ‘‘the Customs Service shall provide’’ for ‘‘the appro- priate customs officer shall provide’’. Subsec. (c)(4). Pub. L. 103–182, § 621(4)(B), inserted at end ‘‘For purposes of this section, a formal investiga- tion of a violation is considered to be commenced with regard to the disclosing party and the disclosed infor- mation on the date recorded in writing by the Customs Service as the date on which facts and circumstances were discovered or information was received which caused the Customs Service to believe that a possi- bility of a violation of subsection (a) existed.’’ Subsec. (c)(4)(A)(i). Pub. L. 103–182, § 621(4)(A), as amended by Pub. L. 104–295, § 21(e)(12); Pub. L. 106–36, § 1001(b)(8), substituted ‘‘time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its’’ for ‘‘time of disclosure or within thirty days, or such longer period as the appropriate customs officer may provide, after notice by the appropriate customs officer of his’’. Subsec. (c)(4)(B). Pub. L. 103–182, § 621(4)(A), as amend- ed by Pub. L. 104–295, § 21(e)(12); Pub. L. 106–36, § 1001(b)(8), which directed the substitution of ‘‘time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its’’ for ‘‘time of disclosure, or within 30 days, or such longer period as the appropriate Page 283 TITLE 19—CUSTOMS DUTIES § 1592 customs officer may provide, after notice by the appro- priate customs officer of his’’, was executed by making the substitution for text which began ‘‘time of disclo- sure or within 30 days’’, to reflect the probable intent of Congress. Subsec. (c)(5), (6). Pub. L. 103–182, § 205(c)(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (d). Pub. L. 103–182, § 621(5), inserted ‘‘, taxes or fees’’ after ‘‘duties’’ in heading and in text sub- stituted ‘‘duties, taxes, or fees’’ for ‘‘duties’’ in two places and ‘‘the Customs Service’’ for ‘‘the appropriate customs officer’’. Subsec. (f). Pub. L. 103–182, § 205(c)(2), added subsec. (f). 1986—Subsec. (c)(4)(B). Pub. L. 99–514 substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1980—Subsec. (e). Pub. L. 96–417 substituted in head- ing ‘‘Court of International Trade’’ for ‘‘District court’’ and in text ‘‘proceeding commenced by the United States in the Court of International Trade’’ for ‘‘pro- ceeding in a United States district court commenced by the United States pursuant to section 1604 of this title’’. 1978—Pub. L. 95–410 substituted subsecs. (a) to (e) re- lating to penalties for fraud, gross negligence, and neg- ligence for prior provisions which: provided for for- feiture of merchandise, or recovery of value thereof, where entry or attempted entry of the merchandise was made using fraudulent or false invoice, declaration, af- fidavit, letter, paper, or false statement, written or verbal, false or fraudulent practice or appliance, or false statement in a declaration on entry without rea- sonable cause to believe the truth of the statement or aided or procured the making any such false statement as to any material matter without reasonable cause to believe the truth of the statement, regardless of depri- vation of lawful duties, or guilty of any willful act or omission when there was a deprivation of such duties; made the forfeiture applicable to the whole of the mer- chandise or the value thereof where package contained the particular articles to which the fraud or false paper or statement related; and defined attempt to enter the merchandise without an actual entry having been made or offered. 1935—Act Aug. 5, 1935, inserted ‘‘whether or not the United States shall or may be deprived of the lawful duties, or any portion thereof, accruing upon the mer- chandise, or any portion thereof, embraced or referred to in such invoice, declaration, affidavit, letter, paper, or statement;’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020) and applicable with respect to goods entered or exported from the United States on or after that date, see sec- tion 204(c) of Pub. L. 116–113, set out as a note under section 1514 of this title. EFFECTIVE AND TERMINATION DATES OF 2011 AMENDMENT Amendment by Pub. L. 112–43 effective Oct. 21, 2011, applicable with respect to Panama on the date the United States–Panama Trade Promotion Agreement enters into force (Oct. 31, 2012), and to cease to be effec- tive on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–43, set out in a note under sec- tion 3805 of this title. Amendment by Pub. L. 112–42 effective Oct. 21, 2011, applicable with respect to Colombia on the date the United States–Colombia Trade Promotion Agreement enters into force (May 15, 2012), and to cease to be effec- tive on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–42, set out in a note under sec- tion 3805 of this title. Amendment by Pub. L. 112–41 effective Oct. 21, 2011, applicable with respect to Korea on the date the United States–Korea Free Trade Agreement enters into force (Mar. 15, 2012), and to cease to be effective on the date the Agreement terminates, see section 107(b), (c) of Pub. L. 112–41, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2007 AMENDMENT Amendment by Pub. L. 110–138 effective on the date the United States-Peru Trade Promotion Agreement enters into force (Feb. 1, 2009) and to cease to be effec- tive on the date the Agreement ceases to be in force, see section 107(a), (c) of Pub. L. 110–138, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT Amendment by Pub. L. 109–53 effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on date Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with re- spect to such country, see section 107 of Pub. L. 109–53, set out as an Effective and Termination Dates note under section 4001 of this title. EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENT Amendment by Pub. L. 108–286 effective on the date on which the United States-Australia Free Trade Agreement enters into force (Jan. 1, 2005) and to cease to be effective on the date on which the Agreement ter- minates, see section 106(a), (c) of Pub. L. 108–286, set out in a note under section 3805 of this title. EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS Amendment by Pub. L. 108–78 effective on the date the United States-Singapore Free Trade Agreement en- ters into force (Jan. 1, 2004), and to cease to be effective on the date the Agreement ceases to be in force, see section 107(a), (c) of Pub. L. 108–78, set out in a note under section 3805 of this title. Amendment by Pub. L. 108–77 effective on the date the United States-Chile Free Trade Agreement enters into force (Jan. 1, 2004), and to cease to be effective on the date the Agreement ceases to be in force, see sec- tion 107(a), (c) of Pub. L. 108–77, set out in a note under section 3805 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by section 3(a)(4), (5) of Pub. L. 104–295 applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as a note under section 1321 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 205(c) of Pub. L. 103–182 effec- tive on the date the North American Free Trade Agree- ment enters into force with respect to the United States (Jan. 1, 1994), see section 213(b) of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 applicable with respect to civil actions commenced on or after 90th day after Nov. 1, 1980, see section 701(c)(2) of Pub. L. 96–417, set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–410, title I, § 110(f), Oct. 3, 1978, 92 Stat. 897, provided that: ‘‘(1)(A) Except as provided in subparagraphs (B) and (C), subsections (a), (b), and (c) (other than new sub- Page 284 TITLE 19—CUSTOMS DUTIES § 1592a section (e) of section 592 of the Tariff Act of 1930 as added by subsection (a)) [subsecs. (a), (b), and (c), not including (e) of this section] shall be effective with re- spect to proceedings commenced after the 89th day after the date of enactment of this Act [Oct. 3, 1978]. ‘‘(B) Except as provided in subparagraph (C), section 592 of the Tariff Act of 1930 [this section] (as such sec- tion existed on the day before the date of enactment of this Act) [Oct. 3, 1978] shall apply to any alleged inten- tional violation thereof involving television receivers that are the product of Japan and that were or are the subject of antidumping proceedings if the alleged inten- tional violation— ‘‘(i) occurred before the date of enactment of this Act, and ‘‘(ii) was the subject of an investigation by the Cus- toms Service which was begun before the date of en- actment of this Act. ‘‘(C) Except as provided in the next sentence, sub- section (e) of section 592 of the Tariff Act of 1930 (as added by subsection (a)) [subsec. (e) of this section] shall be effective on the date of enactment of this Act [Oct. 3, 1978]. Notwithstanding any provision of law, in any proceeding in a United States district court com- menced by the United States pursuant to section 604 of the Tariff Act of 1930 [section 1604 of this title] for the recovery of any monetary penalty claimed under sec- tion 592 of such Act [this section] for an alleged inten- tional violation described in subparagraph (B)— ‘‘(i) all issues, including the amount of the penalty, shall be tried de novo; and ‘‘(ii) the United States shall have the burden of proof to establish such violation by a preponderance of the evidence. ‘‘(2)(A) The amendment made by subsection (e) [to section 1621 of this title] shall apply with respect to al- leged violations of section 592 of the Tariff Act of 1930 [this section] resulting from gross negligence or neg- ligence which are committed on or after the date of the enactment of this Act [Oct. 3, 1978]. ‘‘(B) In the case of any alleged violation of such sec- tion 592 [this section] resulting from gross negligence or negligence which was committed before the date of the enactment of this Act [Oct. 3, 1978] and for which no suit or action for recovery was commenced before such date of enactment, no suit or action for recovery with respect to such alleged violation shall be insti- tuted after— ‘‘(i) the closing date of the 5-year period beginning on the date on which the alleged violation was com- mitted, or ‘‘(ii) the closing date of the 2-year period beginning on such date of enactment, whichever date later occurs, except that no such suit or action may be instituted after the date on which such suit or action would have been barred under section 621 of the Tariff Act of 1930 [section 1621 of this title] (as in effect on the day before such date of enactment).’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 1592a. Special provisions regarding certain vio- lations (a) Publication of names of certain violators (1) Publication The Secretary of the Treasury is authorized to publish in the Federal Register a list of the name of any producer, manufacturer, supplier, seller, exporter, or other person located out- side the customs territory of the United States— (A) against whom the Customs Service has issued a penalty claim under section 1592 of this title, and (B) if a petition with respect to that claim has been filed under section 1618 of this title, against whom a final decision has been issued under such section after exhaustion of administrative remedies, citing any of the violations of the customs laws referred to in paragraph (2). Such list shall be published not later than March 31 and September 30 of each year. (2) Violations The violations of the customs laws referred to in paragraph (1) are the following: (A) Using documentation, or providing documentation subsequently used by the im- porter of record, which indicates a false or fraudulent country of origin or source of tex- tile or apparel products. (B) Using counterfeit visas, licenses, per- mits, bills of lading, or similar documenta- tion, or providing counterfeit visas, licenses, permits, bills of lading, or similar docu- mentation that is subsequently used by the importer of record, with respect to the entry into the customs territory of the United States of textile or apparel products. (C) Manufacturing, producing, supplying, or selling textile or apparel products which are falsely or fraudulently labelled as to country of origin or source. (D) Engaging in practices which aid or abet the transshipment, through a country other than the country of origin, of textile or apparel products in a manner which con- ceals the true origin of the textile or apparel products or permits the evasion of quotas on, or voluntary restraint agreements with respect to, imports of textile or apparel products. (3) Removal from list Any person whose name has been included in a list published under paragraph (1) may peti- tion the Secretary to be removed from such list. If the Secretary finds that such person has not committed any violations described in paragraph (2) for a period of not less than 3 years after the date on which the person’s name was so published, the Secretary shall re- move such person from the list as of the next publication of the list under paragraph (1). (4) Reasonable care required for subsequent imports (A) Responsibility of importers and others After the name of a person has been pub- lished under paragraph (1), the Secretary of