Fines, Penalties & Forfeitures
October 2021 — Question 14
Under the degrees of culpability under Section 592, a violation is considered fraudulent when:
- AIf a material false statement, omission or act in connection with the transaction was committed (or omitted) knowingly, was done voluntarily and intentionally, as established by clear and convincing evidence.✓ CBP's answer
- BIt results from an act or acts (of commission or omission) done with actual knowledge of or wanton disregard for the relevant facts and with indifference to or disregard for the violators obligations under the statute.
- CIt results from an act or acts (of commission or omission) done through either the failure to exercise the degree of reasonable care and competence expected from a person in the same circumstance, or in communicating information in a manner that may be understood by the recipient.
- DIt results from failure to exercise reasonable care and competence.
- EIt results from failure to exercise reasonable care and competence to ensure that statements made and information provided in connection with the importation of merchandise are complete and accurate.
Why this answer
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CBP's cited authority
§ 19 CFR § 171 Appendix B§ under Section 592
Answer and citations as published in CBP's official answer key for the October 2021 examination.
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