---
kind: "section"
citation: "33 C.F.R. § 401.204"
title: "33"
number: "401.204"
heading: "Criminal penalties."
url: "https://uscodex.org/cfr/33/401.204"
---

# §401.204. Criminal penalties.

- (a) Prosecution in the Federal courts for violations of Seaway Regulations enforced by the Corporation that provide, upon conviction, for punishment by fine or imprisonment is a matter finally determined the Department of Justice. This final determination consists of deciding whether and under what conditions to prosecute or to abandon prosecution.
- (b) The Corporation's Chief Counsel is hereby authorized to determine whether or not a violation of the Seaway Regulations carrying a criminal penalty is one that would justify referral of the case to the U.S. Attorney.
- (c) The Corporation's Chief Counsel will identify the regulations that were violated and make specific recommendations concerning the proceedings to be instituted by the U.S. Attorney in every case.
- (d) Referral of a case to the U.S. Attorney for prosecution terminates the Corporation's authority with respect to the criminal aspects of a violation.

## Notes

### Amendments

[50 FR 10963, Mar. 19, 1985]

### Authority

Authority: Sec. 106, Pub. L. 92-340, 86 Stat. 424, unless otherwise noted.

### Source

Source: 39 FR 18443, May 28, 1974, unless otherwise noted.

### Amendments

[50 FR 10963, Mar. 19, 1985]