[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR273.5]

[Page 630-631]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY
 
PART 273_CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; 
 
Sec. 273.5  General criteria used for reduction, refund, or waiver of 
fines.

    (a) Upon application by the carrier, the Service shall determine 
whether circumstances exist which would justify a reduction, refund, or 
waiver of fines pursuant to section 273(e) of the Act.
    (b) Applications for reduction, refund, or waiver of fine under 
section 273(e) of the Act shall be made in accordance with the 
procedures outlined in 8 CFR 280.12 and 8 CFR 280.51.

[[Page 631]]

    (c) In determining the amount of the fine reduction, refund, or 
waiver, the Service shall consider:
    (1) The effectiveness of the carrier's screening procedures;
    (2) The carrier's history of fines violations, including fines, 
liquidated damages, and user fee payment records; and,
    (3) The existence of any extenuating circumstances.