Custom Service of USA and Hong Kong.

2.Gross negligence, an act or omission with actual knowledge of, or wanton disregard for, the relevant facts and a disregard of section 592 obligations. The maximum civil penalty is the lesser of the domestic value of the merchandise or four times the loss of revenue (actual or potential). IF the infraction does not affect revenue, the maximum penalty is 40% of the dutiable value of the good.

3.Negligence, involving a failure to exercise due care in ascertaining the material facts or in ascertaining the obligations under section 592. The maximum civil penalties are the same for gross negligence, except the lesser of twice the domestic value of the merchandise or twice the loss of revenue is used. The penalty cannot exceed 20% of the dutiable value.

The Customs Modernization Act amended section 592 to apply existing penalties for false information to information transmitted electronically and allows Customs to recover unpaid taxes and fees resulting from 592 violations. It also introduced the requirement that importers use "reasonable care" in making entry and providing the initial classification and appraisement, establishing a "shared responsibility" between Customs and importers, thus allowing Customs to rely on the accuracy of the information submitted and streamline entry procedures. To the extent that an importer fails to use reasonable care, Customs may impose a penalty under section 592.

• Criminal Penalties

In addition to the civil penalties, a criminal fraud statute provides for sanctions to those presenting false information to customs officers.^] Section 542 provides a maximum of 2 years imprisonment, or a $5,000 fine, or both, for each violation involving an importation or attempted importation.

• U.S. Customs Service

Responding to an urgent need for revenue following the American Revolutionary War, the First United States Congress passed, and President George Washington, signed the Tariff Act of July 4, 1789, which authorized the collection of duties on imported goods. Four weeks later, on July 31, the fifth act of Congress established the United States Customs Service and its ports of entry.

For nearly 125 years, the U.S. Customs Service was the primary source of governmental funds, which paid for the nation's early growth and infrastructure.^[9] Purchases include the Louisiana and Oregon territories; Florida, Alaska, and Washington, D.C.; funding the National Road and the Transcontinental Railroad; building many of the United States' lighthouses; and the U.S. Military and Naval academies.

In March, 2003, the Customs Service was dissolved to form part of the U.S. Department of Homeland Security as the Bureau of Customs and Border Protection and the Immigration and Customs Enforcement Division.

• Immigration and Naturalization Service

Shortly after the American Civil War, some states started to pass their own immigration laws, which prompted the U.S. Supreme Court to rule in 1875 that immigration was a federal responsibility. The Immigration Act of 1891 established an Office of the Superintendent of Immigration within the United States Department of the Treasury. This office was responsible for admitting, rejecting, and processing all immigrants seeking admission to the United States and for implementing national immigration policy. "Immigrant inspectors", as they were called then, were stationed at major U.S. ports of entry collecting manifests of arriving passengers. A "head tax" of fifty cents was collected on each immigrant.

In the early 20th century Congress's primary interest in immigration was protecting American workers and wages – the reason it had become a federal concern in the first place. This made immigration more a matter of commerce than revenue; hence, in 1903, Congress transferred the Bureau of Immigration to the newly created Department of Commerce and Labor.

After World War I, Congress attempted to stem the flow of immigrants, still mainly coming from Europe, by passing laws in 1921 and 1924 limiting the number of newcomers by assigning a quota to each nationality based upon its representation in previous U.S. census figures. Each year, the U.S. State Department issued a limited number of visas; only those immigrants who had obtained them and could present valid visas were permitted entry.

President Franklin D. Roosevelt moved the Immigration and Naturalization Service from the Department of Labor to the Department of Justice in 1940.

• Reorganization (2003 to present)

CBP became an official agency of the United States Department of Homeland Security on March 1, 2003, combining employees from the Animal and Plant Health Inspection Service (specifically the Plant Protection Quarantine inspectors), the United States Immigration and Naturalization Service (specifically, immigration inspectors and the United States Border Patrol), and the United States Customs Service. This transformation was led by former Commissioner Robert C. Bonner.

W. Ralph Basham was nominated to the post of Commissioner by President George W. Bush on January 30, 2006.^{[citation needed]} Basham had 28 years of experience as a law enforcement manager, including serving as the head of the Secret Service and the Federal Law Enforcement Training Center. He had also served as the chief of staff for the Transportation Security Administration. It is the largest federal law enforcement agency that works closely with U.S. Immigration and Customs Enforcement (ICE), Drug Enforcement Administration (DEA) and Federal Bureau of Investigation (FBI).

• Personnel

CBP Officers (OFO)

CBP officers are federal law enforcement officers empowered to exercise the authority and perform the duties provided by law and Department of Homeland Security regulations, including making arrests, conducting searches, making seizures, bearing firearms, and serving any order or warrant. CBP officers defend against terrorist intrusion by identifying high risk individuals who are attempting to enter into the United States; stop criminal activities – such as drug trafficking, child pornography (including on computers, cell phones, and other electronic media), weapons trafficking, and money laundering – by inspecting vehicles and trucks; and prevent the illegal entry of individuals, the smuggling of prohibited goods, and other customs and immigration violations. Officers are armed with Heckler & Koch P2000 pistols chambered in .40 S&W, expandable batons, and oleoresin capsicum pepper spray. In accordance with Public Law 110-161, CBP officers are covered under special law enforcement retirement, and all candidates must be referred for selection for this position before reaching their 37th birthday.

Officer candidates attend the Federal Law Enforcement Training Center, in Glynco, Georgia for 20 weeks of paid training. Candidate training consists of basic law enforcement skills, including Anti-Terrorism; Detection of Contraband; Interviewing; Cross-cultural Communications; Firearms Handling and Qualification; Immigration and Naturalization Laws; U.S. Customs Export and Import laws, Defensive Tactics; Arrest Techniques; Baton Techniques; Examination of Cargo; Bags and Merchandise; Border Search Exception; Entry and Control Procedures; Passenger Processing; and Officer Safety and Survival. Those candidates selected for duty locations requiring Spanish may receive an additional 6 weeks of Spanish Language training. Officers who additionally serve on CBP's Special Response Team are trained for an additional six weeks with the U.S. Border Patrol Tactical Unit in Artesia, New Mexico. For more information on training, download FLETC Training PDF  and reference the specific program title of Bureau of Customs and Border Protection Integrated Training Program (BCBPI).

CBP Officers may begin their careers in any region for which they apply. The duty region is selected during the application phase, and generally cannot be changed once selected. Proficiency in Spanish is a duty requirement only for those stationed along southern border regions, although it is not a requirement before being hired. CBP Officers stationed along southern border regions will undergo Spanish language training before coming on duty.

The CBP Officer position is categorized as a "critical-sensitive" position in law enforcement. For this reason, officer candidates must undergo a single scope background investigation before being appointed. In addition, officer candidates must undergo drug and medical examination, polygraph examination, physical fitness test, and video based interview during the pre-appointment phase.

 

 

 

 

 

 

 

 

 

 

 

 

Перевод слов.

Privatization of customs – таможенная приватизация;

Summary of basic custom rules - Краткое описание основных пользовательских правил;

Customs and Excise Department - Таможенный и акцизный департамент;

Protection of revenue - Защита доходов;

Prevention and detection of smuggling - Предупреждение и выявление контрабанды;

Trade controls and consumer protection - Торговля контроля и защиты прав потребителей;

Customs cooperation - Защита прав интеллектуальной собственности;

Seizures and prosecutions - Таможенное сотрудничество;

U.S. Customs and Border Protection – таможенный и пограничный контроль США;

Enforcement Powers – полномочия;

Civil Penalties - гражданско-правовые санкции;

Criminal Penalties – уголовные санкции;

Immigration and Naturalization Service - Служба иммиграции и натурализации;

Reorganization (2003 to present) - Реорганизация (2003 по настоящее время);

CBP Officers (OFO) - УТПО (OFO);