---
kind: "section"
citation: "8 C.F.R. § 273.5"
title: "8"
number: "273.5"
heading: "General criteria used for reduction, refund, or waiver of fines."
url: "https://uscodex.org/cfr/8/273.5"
---

# §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)](/cfr/8/273.md?p=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](/cfr/8/280.12.md) and [8](/cfr/8/8.md) 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.**

## Notes

### Authority

Authority: 8 U.S.C. 1103, 1323; 8 CFR part 2.

### Source

Source: 63 FR 23655, Apr. 30, 1998, unless otherwise noted.
