112 STAT. 2960 PUBLIC LAW 105-312—OCT. 30, 1998 "(3) To prohibit the sale, importation, and exportation of products intended for human consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger.". SEC. 404. DEFINITION OF PERSON. Section 4 of the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5303) is amended— (1) in paragraph (4), by striking "and" at the end; (2) in paragraph (5), by striking the period at the end and inserting "; and"; and (3) by adding at the end the following: "(6)'person'means— "(A) an individual, corporation, partnership, trust, association, or other private entity; "(B) an officer, employee, agent, department, or instrumentality of— "(i) the Federal Government; "(ii) any State, municipality, or political subdivision of a State; or "(iii) any foreign government; "(C) a State, municipality, or political subdivision of a State; or "(D) any other entity subject to the jurisdiction of the United States.". SEC. 405. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOC- EROS OR TIGER PRODUCTS. The Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.) is amended— 16 USC 5306. (1) by redesignating section 7 as section 9; and (2) by inserting after section 6 the following: 16 USC 5305a. "SEC. 7. PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR TIGER PRODUCTS. "(a) PROHIBITION.—A person shall not sell, import, or export, or attempt to sell, import, or export, any product, item, or substance intended for humsui consumption or application containing, or labeled or advertised as containing, any substance derived from any species of rhinoceros or tiger. "(b) PENALTIES. — " (1) CRIMINAL PENALTY.— A person engaged in business as an importer, exporter, or distributor that knowingly violates subsection (a) shall be fined under title 18, United States Code, imprisoned not more than 6 months, or both. "(2) CIVIL PENALTIES.— "(A) IN GENERAL. —A person that knowingly violates subsection (a), and a person engaged in business as an importer, exporter, or distributor that violates subsection (a), may be assessed a civil penalty by the Secretary of not more than $12,000 for each violation. "(B) MANNER OF ASSESSMENT AND COLLECTION. —A civil penalty under this paragraph shall be assessed, and may be collected, in the manner in which a civil penalty under the Endangered Species Act of 1973 may be assessed and collected under section 11(a) of that Act (16 U.S.C. 1540(a)).
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