---
kind: "section"
citation: "33 C.F.R. § 401.205"
title: "33"
number: "401.205"
heading: "Civil and criminal penalties."
url: "https://uscodex.org/cfr/33/401.205"
---

# §401.205. Civil and criminal penalties.

- (a) If the violation of the Seaway Regulations carries a criminal penalty, the Corporation's Chief Counsel is hereby authorized to determine whether to refer the case to the U.S. Attorney for prosecution in accordance with [§ 401.204](/cfr/33/401.204.md), which outlines the appropriate procedure for handling criminal cases.
- (b) The decision of the U.S. Attorney as to whether to institute criminal proceedings shall not bar the initiation of civil penalty proceedings by the Associate Administrator.

## Notes

### Amendments

[50 FR 10963, Mar. 19, 1985, as amended at 51 FR 4341, Feb. 4, 1986]

### 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, as amended at 51 FR 4341, Feb. 4, 1986]