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(b) Exporting or importing from or into a Foreign Trade Zone._ Any person exporting or
importing tobacco products from or into a foreign trade zone, as defined for purposes of the Act
of June 18, 1934 (19 U.S.C. 81a et seq.), shall comply with the requirements provided in this
subtitle. In any case where the person operating in a foreign trade zone is acting on behalf of a
person licensed under this subtitle, qualification as an importer or exporter will not be required, if
such person complies with the requirements set forth in section 1134(d)(2) and (3) of this
subtitle.
SEC. 1137. JURISDICTION; PENALTIES; COMPROMISE OF LIABILITY.
(a) Jurisdiction. The District Courts of the United States, and the United States Court for any
Territory, of the District where the offense is committed or of which the offender is an inhabitant
or has its principal place of business, are vested with jurisdiction of any suit brought by the
Attorney General in the name of the United States, to prevent and restrain violations of any of the
provisions of this subtitle.
(b) Penalties. Any person violating any of the provisions of this subtitle shall, upon conviction,
be fined as provided in section 3571 of title 18, United States Code, imprisoned for not more
than 5 years, or both.
(c) Civil Penalties. The Secretary may, in lieu of referring violations of this subtitle for
criminal prosecution, impose a civil penalty of not more than $10,000 for each offense.
(d) Compromise of Liability._ The Secretary is authorized, with respect to any violation of this
subtitle, to compromise the liability arising with respect to a violation of this subtitle
(1) upon payment of a sum not in excess of $10,000 for each offense, to be collected by the
Secretary and to be paid into the Treasury as miscellaneous receipts; and
(2) in the case of repetitious violations and in order to avoid multiplicity of criminal
proceedings, upon agreement to a stipulation, that the United States may, on its own motion upon
5 days notice to the violator, cause a consent decree to be entered by any court of competent
jurisdiction enjoining the repetition of such violation.
(e) Forfeiture.
(1) The Secretary may seize and forfeit any conveyance, tobacco products, or monetary
instrument (as defined in section 5312 of title 31, United States Code) involved in a violation of
this subtitle, or any property, real or personal, which constitutes or is derived from proceeds
traceable to a violation of this chapter. For purposes of this paragraph, the provisions of
subsections (a)(2), (b)(2), and (c) through (j) of section 981 of title 18, United States Code, apply
to seizures and forfeitures under this paragraph insofar as they are applicable and not inconsistent
with the provisions of this subtitle.
(2) The court, in imposing sentence upon a person convicted of an offense under this subtitle,
shall order that the person forfeit to the United States any property described in paragraph (1).
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"ocrText": "(b) Exporting or importing from or into a Foreign Trade Zone._ Any person exporting or\nimporting tobacco products from or into a foreign trade zone, as defined for purposes of the Act\nof June 18, 1934 (19 U.S.C. 81a et seq.), shall comply with the requirements provided in this\nsubtitle. In any case where the person operating in a foreign trade zone is acting on behalf of a\nperson licensed under this subtitle, qualification as an importer or exporter will not be required, if\nsuch person complies with the requirements set forth in section 1134(d)(2) and (3) of this\nsubtitle.\nSEC. 1137. JURISDICTION; PENALTIES; COMPROMISE OF LIABILITY.\n(a) Jurisdiction. The District Courts of the United States, and the United States Court for any\nTerritory, of the District where the offense is committed or of which the offender is an inhabitant\nor has its principal place of business, are vested with jurisdiction of any suit brought by the\nAttorney General in the name of the United States, to prevent and restrain violations of any of the\nprovisions of this subtitle.\n(b) Penalties. Any person violating any of the provisions of this subtitle shall, upon conviction,\nbe fined as provided in section 3571 of title 18, United States Code, imprisoned for not more\nthan 5 years, or both.\n(c) Civil Penalties. The Secretary may, in lieu of referring violations of this subtitle for\ncriminal prosecution, impose a civil penalty of not more than $10,000 for each offense.\n(d) Compromise of Liability._ The Secretary is authorized, with respect to any violation of this\nsubtitle, to compromise the liability arising with respect to a violation of this subtitle\n(1) upon payment of a sum not in excess of $10,000 for each offense, to be collected by the\nSecretary and to be paid into the Treasury as miscellaneous receipts; and\n(2) in the case of repetitious violations and in order to avoid multiplicity of criminal\nproceedings, upon agreement to a stipulation, that the United States may, on its own motion upon\n5 days notice to the violator, cause a consent decree to be entered by any court of competent\njurisdiction enjoining the repetition of such violation.\n(e) Forfeiture.\n(1) The Secretary may seize and forfeit any conveyance, tobacco products, or monetary\ninstrument (as defined in section 5312 of title 31, United States Code) involved in a violation of\nthis subtitle, or any property, real or personal, which constitutes or is derived from proceeds\ntraceable to a violation of this chapter. For purposes of this paragraph, the provisions of\nsubsections (a)(2), (b)(2), and (c) through (j) of section 981 of title 18, United States Code, apply\nto seizures and forfeitures under this paragraph insofar as they are applicable and not inconsistent\nwith the provisions of this subtitle.\n(2) The court, in imposing sentence upon a person convicted of an offense under this subtitle,\nshall order that the person forfeit to the United States any property described in paragraph (1)."
}