The base damages follow a prescriptive format and they use the greater of:
[1] Trafficking is defined in section 4(13) and includes knowingly and intentionally benefitting from a confiscated property without the authorisation of a US national that holds a claim on the property.
[2] Under section 302 (3)(C)(ii) the penalty can be three times the amount determined applicable under paragraph (1)(A)(i).
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