Page:United States Statutes at Large Volume 102 Part 3.djvu/368

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2320

PUBLIC LAW 100-478—OCT. 7, 1988

shall not be the sole cause for the establishment of a moratorium under this part if all proceeds from the disposal of the confiscated ivory are used solely to enhance wildlife conservation programs or conservation p u r p o s ^ of CITES. With respect to any country that was not a party to CITES at the time of such confiscation, this subsection shall not apply until such country develops appropriate measures to assure that persons with a history of illegad dealings in ivory shall not benefit from the disposal of confiscated ivory. 16 USC 4223.

SEC. 2203. PROHIBITED ACTS.

Except as provided in section 2202(e), it is unlawful for any person— (1) to import raw ivory from any country other than an ivory producing country; (2) to export raw ivory from the United States; (3) to import raw or worked ivory that was exported from an ivory producing country in violation of that country's laws or of the CITES Ivory Control System; (4) to import worked ivory, other than personal effects, from any country unless that country has certified that such ivory was derived from legal sources; or (5) to import raw or worked ivory from a country for which a moratorium is in effect under section 2202. 16 USC 4224.

SEC. 2204. PENALTIES AND ENFORCEMENT. (a) CRIMINAL VIOLATIONS.—Whoever knowingly violates section

2203 shall, upon conviction, be fined under title 18, United States Code, or imprisoned for not more than one year, or both. 0)) CIVIL VIOLATIONS.—Whoever violates section 2203 may be assessed a civil penalty by the Secretary of not more than $5,000 for each such violation. (c) PROCEDURES FOR ASSESSMENT OF CIVIL PENALTY.—Proceedings

for the assessment of a civil penalty under this section shall be conducted in accordance with the procedures provided for in section 11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)). (d) USE OF PENALTIES.—Subject to appropriations, penalties collected under this section may be used by the Secretary of the Treasury to pay rewards under section 2205 and, to the extent not used to pay such rewards, shall be deposited by the Secretary of the Treasury into the Fund. (e) ENFORCEMENT.—The Secretary, the Secretary of the Treasury, and the Secretary of the department in which the Coast Guard is operating shall enforce this part in the same manner such Secretaries carry out enforcement activities under section 11(e) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)). Section 11(c) of the Endangered Species Act of 1973 (16 U.S.C. 1540(c)) shall apply to actions arising under this part. 16 USC 4225.

SEC. 2205. REWARDS.

(a) IN GENERAL.—Upon the recommendation of the Secretary, the Secretary of the Treasury may pay a reward to any person who furnishes information which leads to a civil penalty or a criminal conviction under this title. (b) AMOUNT.—The amount of a reward under this section shall be equal to not more than one-half of any criminal or civil penalty or fine with respect to which the reward is paid, or $25,000, whichever is less.