View all text of Subchapter I [§ 4811 - § 4826]
§ 4819. Penalties
(a) Unlawful acts
(1) In general
(2) Specific unlawful actsThe unlawful acts described in this paragraph are the following:
(A) No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(B) No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(C) No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(D) No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(E) No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor.
(F) No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person—
(i) in the course of an investigation or other action subject to the Export Administration Regulations;
(ii) in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or
(iii) for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in section 4813 of this title.
(G) No person may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the Export Administration Regulations, or any order, license, or authorization issued thereunder.
(H) No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder.
(I) Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations.
(J) No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(3) Additional requirements
(b) Criminal penaltyA person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)—
(1) shall be fined not more than $1,000,000; and
(2) in the case of the individual, shall be imprisoned for not more than 20 years, or both.
(c) Civil penalties
(1) AuthorityThe Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation:
(A) A fine of not more than $300,000 or an amount that is twice the value of the transaction that is the basis of the violation with respect to which the penalty is imposed, whichever is greater.
(B) Revocation of a license issued under this subchapter to the person.
(C) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under this subchapter.
(2) Procedures
(3) Standards for levels of civil penalty
(d) Criminal forfeiture
(1) In generalAny person who is convicted under subsection (b) of a violation of a control imposed under section 4812 of this title (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States any of the person’s property—
(A) used or intended to be used, in any manner, to commit or facilitate the violation;
(B) constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or
(C) constituting an item or technology that is exported or intended to be exported in violation of this subchapter.1
1 See References in Text note below.
(2) Procedures
(e) Prior convictions
(1) License bar
(A) In generalThe Secretary may—
(i) deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this subchapter, for a period of up to 10 years beginning on the date of the conviction; and
(ii) revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this subchapter and in which such person has an interest at the time of the conviction.
(B) ViolationsThe violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—
(i) this subchapter (or any regulation, license, or order issued under this subchapter);
(ii) any regulation, license, or order issued under the International Emergency Economic Powers Act [
(iii) section 371, 554, 793, 794, or 798 of title 18;
(iv)section 1001 of title 18;
(v)section 783(b) of this title; or
(vi)section 2778 of title 22.
(2) Application to other parties
(f) Other authoritiesNothing in subsection (c), (d), or (e) limits—
(1) the availability of other administrative or judicial remedies with respect to violations of this subchapter, or any regulation, order, license or other authorization issued under this subchapter;
(2) the authority to compromise and settle administrative proceedings brought with respect to violations of this subchapter, or any regulation, order, license, or other authorization issued under this subchapter; or
(3) the authority to compromise, remit or mitigate seizures and forfeitures pursuant to section 401(b) of title 22.
(Pub. L. 115–232, div. A, title XVII, § 1760, Aug. 13, 2018, 132 Stat. 2223.)