Penalties and sanctions

(a) Civil penalties (1) In general Any person who engages in conduct prohibited by section 3 may be assessed a civil penalty by the Commissioner of U.S. Customs and Border Protection of not more than $10,000 for each such violation. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which a person may have taken or been in possession of— (A) in the case of a violation of section 3(a), the donkey or donkey hide; or (B) in the case of a violation of section 3(b), the product containing ejiao. (2) Determination of amount In determining the amount of any penalty assessed under this subsection, the Commissioner shall take into account the nature, circumstances, extent, and gravity of the prohibited act committed, and with respect to the violator, the degree of culpability, ability to pay, and such other matters as justice may require, and shall apply existing procedures relating to the assessment and mitigation of penalties of violations of section 596 of the Tariff Act of 1930 (19 U.S.C. 1595a) as the Commissioner determines appropriate. (b) Review of civil penalty Any person against whom a civil penalty is assessed under this section may obtain review thereof in the Court of International Trade by filing a complaint in such court within 30 days after the date of such order and by simultaneously serving a copy of the complaint by certified mail on the Commissioner, the Attorney General, and the appropriate United States attorney. The Commissioner shall promptly file in such court a certified copy of the record upon which such violation was found or such penalty imposed, as provided in section 2112 of title 28, United States Code. If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order or after the appropriate court has entered final judgment in favor of the Commissioner, the Commissioner may request the Attorney General of the United States to institute a civil action in an appropriate district court of the United States to collect the penalty, and such court shall have jurisdiction to hear and decide any such action. In hearing such action, the court shall have authority to review the violation and the assessment of the civil penalty de novo. (c) Criminal penalties (1) Import or export; value in excess of $350 Any person who— (A) in violation of section 3, knowingly imports or exports— (i) any donkey or donkey hide; or (ii) any product containing ejiao; or (B) violates section 3 by knowingly engaging in conduct that involves the sale or purchase of, the offer of sale or purchase of, or the intent to sell or purchase— (i) any donkey or donkey hide with a market value in excess of $350; or (ii) any product containing ejiao with a market value in excess of $350, knowing that the donkey, donkey hide, or product containing ejiao was taken, possessed, transported, or sold in violation of such section, shall be fined not more than $20,000 (notwithstanding the maximum fine amount otherwise applicable under section 3751 of title 18, United States Code), or imprisoned for not more than 5 years, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of such donkey, donkey hide, or product containing ejiao. (2) Other prohibited conduct Any person who knowingly engages in conduct prohibited by section 3 and in the exercise of due care should know that the donkey, donkey hide, or product containing ejiao was taken, possessed, transported, or sold in violation of such section shall be fined not more than $10,000 (notwithstanding the maximum fine amount otherwise applicable under section 3751 of title 18, United States Code), or imprisoned for not more than 1 year, or both. Each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred, but also in any district in which the defendant may have taken or been in possession of such donkey, donkey hide, or product containing ejiao.