On January 11, 2021, the Department of Commerce published in the Federal Register adjustments for each civil monetary penalty under which its bureaus and agency operate by law. The Federal Civil Penalties Inflation Adjustment Act of 1990 authorizes such adjustments “to ensure that [civil monetary penalties] continue to maintain their deterrent value and that [such monetary penalties] due to the Federal Government were properly accounted for and collected.” While over 40 monetary penalty levels have been adjusted, the following are specifically highlighted for international trade compliance purposes:
- False Claims Act violation: minimum increased to $11,803, maximum increased to $23,607.
- Bureau of Economic Analysis, International Investment and Trade in Services Act failure to furnish information: minimum increased to $4,876, maximum increased to $48,762.
- Bureau of Industry and Security, International Emergency Economic Powers Act violation: maximum increased to $311,562.
- Bureau of Industry and Security, Export Control Reform Act of 2018 violation: maximum increased to $308,901.
- Census Bureau, Collection of Foreign Trade Statistics violation: maximum increased to $14,362.
- International Trade Administration, Foreign Trade Zone violation: maximum increased to $3,011.
These adjusted civil monetary penalties will become effective on January 15, 2021.