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Fines, Penalties, and Forfeitures Flashcards

7 cards from real CCS practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

Read the first 7 Fines, Penalties, and Forfeitures flashcards as text
  1. Under 19 USC 1592, which mens rea standard carries the highest penalty for a non-fraud customs violation?

    Answer: Gross negligence

    Gross negligence is the highest non-fraud standard under 19 USC 1592, carrying penalties up to 4 times the unpaid duties.

  2. A Prior Disclosure under 19 USC 1592(c)(4) must be filed before CBP has:

    Answer: Commenced a formal investigation

    Prior Disclosure is only effective if filed before CBP has formally commenced a formal investigation of the violation.

  3. Which CBP form is used to petition for relief from a penalty or forfeiture?

    Answer: CBP Form 4647

    CBP Form 4647 (Notice to Mark and/or Notice to Redeliver) is not the petition form — CBP Form 19 is not correct either; petitions are submitted via a written petition but CBP Form 4647 is used for specific notices; the petition for relief is a written request under 19 CFR Part 171.

  4. Under 19 USC 1593a, penalties for false drawback claims may reach what maximum for fraudulent violations?

    Answer: 3 times the amount of claimed drawback

    Under 19 USC 1593a, fraudulent drawback violations carry penalties up to 3 times the amount of drawback claimed.

  5. A customs broker who fails to exercise responsible supervision of their employees may face penalties under:

    Answer: 19 USC 1641

    19 USC 1641 governs customs broker licensing and penalties, including failure to supervise employees conducting customs business.

  6. When merchandise is seized as subject to forfeiture, the importer may file a claim to contest the seizure within how many days?

    Answer: 30 days

    Under 19 USC 1608, a claimant has 30 days from the date of the seizure notice to file a claim and cost bond to contest the forfeiture.

  7. Which of the following best describes 'mitigation' in the context of CBP penalty proceedings?

    Answer: Reduction of a penalty below the statutory maximum based on mitigating factors

    Mitigation is CBP's discretionary reduction of an assessed penalty based on factors like cooperation, prior record, and ability to pay.