On July 30 2019, U.S. Customs and Border Protection (CBP) published updated forfeiture remission guidelines for export control violations.

The updated guidelines include CBP adopting the same remission amount ranges for all violations, removing the distinction between, “technical violations” and “substantive violations.”

CBP listed the mitigating factors that may be taken into account, including:

• Demonstrated export compliance program;
• “Clear documentary evidence of remedial measures undertaken to prevent future violations”;
• Importer or exporter record of compliance;
• Voluntary disclosure of an export violation;
• A history of cooperation with CBP and other government agencies.

Some aggravating factors CBP includes, but are not limited to:

• A lack of systematic export compliance controls;
• Intentional nature of the violation;
• Multiple violations in the same export transaction (e.g., failure to obtain a license and incorrect EEI filing);
• Multiple violations in preceding 3-year period;
• “The party exhibits a pattern of disregard for its responsibilities under U.S. laws and regulations.”

The updated guidelines may be found here:

https://www.cbp.gov/document/publications/mitigation-guidelines-icp-export-seizures