CFR > Title 8 - Aliens and Nationality > CHAPTER I—DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER B—IMMIGRATION REGULATIONS (parts 100 to 299) > PART 273—CARRIER RESPONSIBILITIES AT FOREIGN PORTS OF EMBARKATION; REDUCING, REFUNDING, OR WAIVING FINES UNDER SECTION 273 OF THE ACT > 273.5—General criteria used for reduction, refund, or waiver of fines.

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 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.