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50 U.S.C. § 4820 — Penalties

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4820 — Penalties

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Source file: Laws/federal/codes/united-states-code/title-50/section-4820-penalties--9b6b39fb73.md
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Source location: Title 50, Chapter 58, § 4820; chapter-058-export-control-reform.md

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**(a) Unlawful acts** (1) **In general** — It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2). (2) **Specific unlawful acts** — The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4813&num=0&edition=prelim). (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** — For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this subchapter shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future. **(b) Criminal penalty** A 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) **Authority** — The 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** — Any civil penalty under this subsection may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of title 5. (3) **Standards for levels of civil penalty** — The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Government in disclosing the violation. **(d) Criminal forfeiture** (1) **In general** — Any person who is convicted under subsection (b) of a violation of a control imposed under [section 4812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4812&num=0&edition=prelim) (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.11 See References in Text note below. (2) **Procedures** — The procedures in any forfeiture under this subsection shall be governed by the procedures established under [section 853 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim), other than subsection (d) of such section. **(e) Prior convictions** (1) **License bar** (A) *In general* — The 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) *Violations* — The 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 [[50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.]; (iii) section 371, 554, 793, 794, or 798 of title 18; (iv) [section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim); (v) [section 783(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783/b&num=0&edition=prelim); or (vi) [section 2778 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim). (2) **Application to other parties** — The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any person convicted of any violation of law set forth in paragraph (1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2). **(f) Other authorities** Nothing 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 853 — Criminal forfeitures

**(a) Property subject to criminal forfeiture** Any person convicted of a violation of this subchapter or subchapter II punishable by imprisonment for more than one year shall forfeit to the United States, irrespective of any provision of State law— (1) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation; (2) any of the person’s property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such violation; and (3) in the case of a person convicted of engaging in a continuing criminal enterprise in violation of [section 848 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section848&num=0&edition=prelim), the person shall forfeit, in addition to any property described in paragraph (1) or (2), any of his interest in, claims against, and property or contractual rights affording a source of control over, the continuing criminal enterprise. The court, in imposing sentence on such person, shall order, in addition to any other sentence imposed pursuant to this subchapter or subchapter II, that the person forfeit to the United States all property described in this subsection. In lieu of a fine otherwise authorized by this part, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds. **(b) Meaning of term “property”** Property subject to criminal forfeiture under this section includes— (1) real property, including things growing on, affixed to, and found in land; and (2) tangible and intangible personal property, including rights, privileges, interests, claims, and securities. **(c) Third party transfers** All right, title, and inter

Source: Supplied U.S. Code snapshot — release unconfirmed · 21 U.S.C. § 853

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2778 — Control of arms exports and imports

**(a) Presidential control of exports and imports of defense articles and services, guidance of policy, etc.; designation of United States Munitions List; issuance of export licenses; negotiations information** (1) In furtherance of world peace and the security and foreign policy of the United States, the President is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the United States involved in the export and import of such articles and services. The President is authorized to designate those items which shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services. The items so designated shall constitute the United States Munitions List. (2) Decisions on issuing export licenses under this section shall take into account whether the export of an article would contribute to an arms race, aid in the development of weapons of mass destruction, support international terrorism, increase the possibility of outbreak or escalation of conflict, or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements. (3) In exercising the authorities conferred by this section, the President may require that any defense article or defense service be sold under this chapter as a condition of its eligibility for export, and may require that persons engaged in the negotiation for the export of defense articles and services keep the President fully and currently informed of the progress and future prospects of such negotiations. **(b) Registration and licensing requirements for manufacturers, exporters, or importers of d

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2778

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4812 — Statement of policy

The following is the policy of the United States: (1) To use export controls only after full consideration of the impact on the economy of the United States and only to the extent necessary— (A) to restrict the export of items which would make a significant contribution to the military potential of any other country or combination of countries which would prove detrimental to the national security of the United States; and (B) to restrict the export of items if necessary to further significantly the foreign policy of the United States or to fulfill its declared international obligations. (2) The national security and foreign policy of the United States require that the export, reexport, and in-country transfer of items, and specific activities of United States persons, wherever located, be controlled for the following purposes: (A) To control the release of items for use in— (i) the proliferation of weapons of mass destruction or of conventional weapons; (ii) the acquisition of destabilizing numbers or types of conventional weapons; (iii) acts of terrorism; (iv) military programs that could pose a threat to the security of the United States or its allies; or (v) activities undertaken specifically to cause significant interference with or disruption of critical infrastructure. (B) To preserve the qualitative military superiority of the United States. (C) To strengthen the United States defense industrial base. (D) To carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy. (E) To carry out obligations and commitments under international agreements and arrangements, including multilateral export control regimes. (F) To facilitate military interoperability

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4812

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4813 — Authority of the President

**(a) Authority** In order to carry out the policy set forth in paragraphs (1) through (10) of [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim), the President shall control— (1) the export, reexport, and in-country transfer of items subject to the jurisdiction of the United States, whether by United States persons or by foreign persons; and (2) the activities of United States persons, wherever located, relating to specific— (A) nuclear explosive devices; (B) missiles; (C) chemical or biological weapons; (D) whole plants for chemical weapons precursors; (E) foreign maritime nuclear projects; and (F) foreign military, security, or intelligence services. **(b) Requirements** In exercising authority under this subchapter to carry out the policy set forth in paragraphs (1) through (10) of [section 4811 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4811&num=0&edition=prelim), the President shall— (1) regulate the export, reexport, and in-country transfer of items described in subsection (a)(1) of United States persons or foreign persons; (2) regulate the activities described in subsection (a)(2) of United States persons, wherever located; (3) seek to secure the cooperation of other governments and multilateral organizations to impose control systems that are consistent, to the extent possible, with the controls imposed under subsection (a); (4) maintain the leadership of the United States in science, engineering, technology research and development, manufacturing, and foundational technology that is essential to innovation; (5) protect United States technological advances by prohibiting unauthorized technology transfers to f

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1001 — Statements or entries generally

**(a)** Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— (1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. **(b)** Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. **(c)** With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to— (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1001

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4801 — Assistant Secretaries of Commerce

**(a) In general** The President shall appoint, by and with the advice and consent of the Senate, two Assistant Secretaries of Commerce to assist the Under Secretary of Commerce for Industry and Security in carrying out the functions described in paragraphs (1) and (2) of [section 4851(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4851/a&num=0&edition=prelim). **(b) Continuation in office of one Assistant Secretary** An individual appointed as an Assistant Secretary of Commerce under section 15(a) of the Export Administration Act of 1979 11 See References in Text note below. (as continued in effect pursuant to the International Emergency Economic Powers Act ([50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.)) and serving in that position on the day before the date of the enactment of this Act may serve in one of the Assistant Secretary positions established under subsection (a) on and after that date without the need for renomination or reappointment.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4801

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4614 to 4621 — Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232

### Statutory Notes Section 4614, Pub. L. 96–72, § 12, Sept. 29, 1979, 93 Stat. 530; Pub. L. 97–145, §§ 3, 5, Dec. 29, 1981, 95 Stat. 1727, 1728; Pub. L. 99–64, title I, § 113, July 12, 1985, 99 Stat. 148; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–418, title II, § 2427, Aug. 23, 1988, 102 Stat. 1361; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to enforcement authority under this chapter. See [section 4820 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4820&num=0&edition=prelim). Section 4615, Pub. L. 96–72, § 13, Sept. 29, 1979, 93 Stat. 531; Pub. L. 99–64, title I, § 114, July 12, 1985, 99 Stat. 150; Pub. L. 100–418, title II, § 2428, Aug. 23, 1988, 102 Stat. 1361, related to administrative procedure and judicial review. See [section 4821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4821&num=0&edition=prelim). Section 4616, Pub. L. 96–72, § 14, Sept. 29, 1979, 93 Stat. 532; Pub. L. 99–64, title I, § 115, July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2418(c), 2445, Aug. 23, 1988, 102 Stat. 1357, 1369, related to annual report on the administration of this chapter. See [section 4824 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4824&num=0&edition=prelim). Section 4617, Pub. L. 96–72, § 15, Sept. 29, 1979, 93 Stat. 533; Pub. L. 99–64, title I, § 116(a), July 12, 1985, 99 Stat. 152; Pub. L. 100–418, title II, §§ 2420(b), 2429, Aug. 23, 1988, 102 Stat. 1358, 1362, related to appointment of Under Secretary of Commerce for Export Administration and issuance of regulations. Section 4618, Pub. L. 96–72, § 16, Sept. 29

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4614 to 4621

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

Page 151 TITLE 50—WAR AND NATIONAL DEFENSE § 1701 CHAPTER 35—INTERNATIONAL EMERGENCY ECONOMIC POWERS Sec. 1701. Unusual and extraordinary threat; declara- tion of national emergency; exercise of Presidential authorities. 1702. Presidential authorities. 1703. Consultation and reports. 1704. Authority to issue regulations. 1705. Penalties. 1706. Savings provisions. 1707. Multinational economic embargoes against governments in armed conflict with the United States. 1708. Actions to address economic or industrial es- pionage in cyberspace. 1709. Imposition of sanctions with respect to theft of trade secrets of United States persons. 1710. Confronting asymmetric and malicious cyber activities. § 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4820 — Enforcement

Page 1214 TITLE 50—WAR AND NATIONAL DEFENSE § 4820 This subchapter, referred to in subsec. (d)(1)(C), was in the original ‘‘this title’’, and was translated as meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, which is classified prin- cipally to this subchapter, to reflect the probable in- tent of Congress. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables. The International Emergency Economic Powers Act, referred to in subsec. (e)(1)(B)(ii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables. § 4820. Enforcement (a) Authorities In order to enforce this subchapter, the Sec- retary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to— (1) issue orders and guidelines; (2) require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this sub- chapter; (3) administer oaths or affirmations and by subpoena require any person to appear and tes- tify or to appear and produce books, records, and other writings, or both; (4) conduct investigations within the United States and outside the United States con- sistent with applicable law; (5) inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have b

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4820

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