392 



(2) The Secretary, pursuant to the provisions of 

 this subsection, may exempt, if such exemption is 

 not in violation of the Convention, any pre-Act en- 

 dangered species part from one or more of the fol- 

 lowing prohibitions: 



(A) The prohibition on exportation from the 

 United States set forth in section 1538(a)(1) 

 (A) of this title. 



(B) Any prohibition set forth in section 1538 

 (a) (1) (E) or (F) of this title. 



(3) Any person seeking an exemption described 

 in paragraph (2) of this subsection shaU make ap- 

 plication therefor to the Secretary in such form 

 and manner as he shall prescribe, but no such ap- 

 plication may be considered by the Secretary un- 

 less the application — 



(A) is received by the Secretary before the 

 close of the one-year period beginning on the 

 date on which regulations promulgated by the 

 Secretary to carry out this subsection first take 

 take effect; 



(B) contains a complete and detailed inven- 

 tory of all pre-Act endangered species parts for 

 which the applicant seeks exemption ; 



(C) is accompanied by such documentation as 

 the Secretary may require to prove that any en- 

 dangered species part or product claimed by the 

 applicant to be a pre-Act endangered species 

 part is in fact such a part; and 



(D) contains such other information as the 

 Secretary deems necessary and appropriate to 

 carry out the purposes of this subsection. 



(4) If the Secretary approves any application for 

 exemption made under this subsection, he shall 

 issue to the applicant a certificate of exemption 

 which shall specify — 



(A) any prohibition in section 1538(a) of this 

 title which is exempted; 



(B) the pre-Act endangered species E)arts to 

 which the exemption applies; 



(C) the period of time during which the ex- 

 emption is in effect, but no exemption made un- 

 der this subsection shall have force and effect 

 after the close of the three-year period begin- 

 ning on the date of issuance of the certificate; 

 and 



(D) any term or condition prescribed pursuant 

 to paragraph (5) (A) or (B), or both, which the 

 Secretary deems necessary or appropriate. 



(5) The Secretary shall prescribe such regula- 

 tions as he deems necessary and appropriate to 

 carry out the purposes of this subsection. Such 

 regulations may set forth — 



(A) terms and conditions which may be im- 

 posed on applicants for exemptions under this 

 subsection (including, but not limited to, re- 

 quirements that applicants register inventories, 

 keep complete sales records, permit duly au- 

 thorized agents of the Secretary to inspect such 

 inventories and records, and periodically file ap- 

 propriate reports with the Secretary) ; and 



(B) terms and conditions which may be im- 

 posed on any subsequent purchaser of any pre- 

 Act endangered species part covered by an ex- 



emption granted under this subsection; 

 to insure that any such part so exempted is ade- 

 quately accounted for and not disposed of con- 

 trary to the provisions of this Act. No regulation 

 prescribed by the Secretary to carry out the pur- 

 poses of this subsection shall be subject to section 

 1533(f) (2) (A) (i) of this title. 



(6) (A) Any contract for the sale of pre-Act en- 

 dangered species parts which is entered into by 

 the Administrator of General Services prior to the 

 effective date of this subsection and pursuant to 

 the notice published in the Federal Register on 

 January 9, 1973, shall not be rendered invalid by 

 virtue of the fact that fulfillment of such contract 

 may be prohibited under section 1538(a) (1) (F). 



(B) In the event that this paragraph is held in- 

 valid, the validity of the remainder of the Act, in- 

 cluding the remainder of this subsection, shall not 

 be affected. 



(7) Nothing in this subsection shall be con- 

 strued to — 



(A) exonerate any person from any act com- 

 mitted in violation of paragraphs ( 1 ) ( A) , ( 1 ) (E) , 

 or (1) (F) of section 1538(a) prior to the date of 

 enactment of this subsection; or 



(B) immunize any person from prosecution 

 for any such act. 



(g) In connection with any action alleging a vio- 

 lation of section 1538, any person claiming the 

 benefit of any exemption or permit under this Act 

 shall have the burden of proving that the exemp- 

 tion or permit is applicable, has been granted, and 

 was valid and in force at the time of the alleged 

 violation. (Pub. L. 93-205, § 10, Dec. 28, 1973, 87 

 Stat. 896; as amended Pub. L. 94-359, §§ 2, 3, July 

 12, 1976, 90 Stat. 911, 912.) 



Amendments 



1976 — Subsec. (c) Pub. L. 94-359, §3(2), added a 

 semicolon and all that follows. 



Subsec. (f) and (g), Pub. L. 94-359, §2, added sub- 

 sec, (f) and (g). 



§ 1540. Penalties and enforcement, 

 (a) Civil penalties. 



(1) Any person who knowingly violates, or who 

 knowingly commits an act in the course of a com- 

 mercial activity which violates, any provision of this 

 chapter, or any provision of any permit or cer- 

 tificate issued hereunder, or of any regulation 

 Issued in order to implement subsection (a) (1) (A), 

 (B), (C), (D), (E), or (F), (a) (2) (A), (B), or (C), 

 (c), (d) (other than regulation relating to record- 

 keeping or filing of reports), (f) or (g) of section 

 1538 of this title, may be assessed a civil penalty by 

 the Secretary of not more than $10,000 for each 

 violation. Any person who knowingly violates, or who 

 knowingly commits an act in the course of a com- 

 mercial activity which violates, any provision of any 

 other regulation issued imder this chapter may be 

 assessed a civil penalty by the Secretary of not more 

 than $5,000 for each such violation. Any person who 

 otherwise violates any provision of this chapter, or 

 any regulation, permit, or certificate issued here- 

 under, may be assessed a civil penalty by the Secre- 

 tary of not more than $1,000 for each such violation. 



