[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR273.5]



[Page 631]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 273_CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; 

REDUCING, REFUNDING, OR WAIVING FINES UNDER SECTION 273 OF THE ACT

--Table of Contents

 

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.

    (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.