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SENATE 805118th CongressRead twice and referred to the Committee on Finance.

Fighting Trade Cheats Act of 2023

Last Action
3/15/2023

Actions

  • 2023-03-15Read twice and referred to the Committee on Finance.
  • 2023-03-15Introduced in Senate

CRS Summary

As of 2023-03-15 (00)

Fighting Trade Cheats Act of 2023

This bill increases penalties for, and establishes additional enforcement mechanisms related to, fraudulent and grossly negligent violations of U.S. customs laws.

Specifically, the bill increases the maximum civil penalty for a fraudulent violation to three times the domestic value of the merchandise. Further, the bill prohibits a person who commits a fraudulent violation from importing merchandise into the United States for a five-year period.

Additionally, the bill increases the maximum civil penalty for a grossly negligent violation to the lesser of (1) 3 times the domestic value of the merchandise; or (2) 10 times the lawful duties, taxes, and fees. It also prohibits a person who commits a grossly negligent violation from importing merchandise into the United States for a two-year period.

Further, the bill applies these importation bans to an affiliated person (e.g., a family member, partner, or employee) of the person who committed the fraudulent or grossly negligent violation.

The bill also establishes a private right of action for customs fraud or grossly negligent violations. In particular, the bill allows manufacturers, producers, wholesalers, labor unions, or trade associations to bring a civil action against a violator or any person that aids or abets a violator.

The bill prohibits any person (or an affiliated person) who commits a fraudulent or grossly negligent violation from participating in the U.S. Customs and Border Protection's Importer of Record program, and further requires their importer of record numbers to be revoked.

Cosponsors (9)

  • Thomas Tillis (R-NC)
  • Tammy Baldwin (D-WI)
  • Katie Britt (R-AL)
  • Mike Braun (R-IN)
  • J. Vance (R-OH)
  • John Fetterman (D-PA)
  • Ted Budd (R-NC)
  • Debbie Stabenow (D-MI)
  • Bob Casey (D-PA)

Subjects

  • Civil actions and liability
  • Criminal procedure and sentencing
  • Customs enforcement
  • Fraud offenses and financial crimes
Read on Congress.gov

Sourced from Congress.gov (public domain).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.