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50 U.S.C. § 4851 — Enforcement
Federal law — U.S. Code and appendices · legal_authorities
**(a) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act under [section 4842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4842&num=0&edition=prelim)—
(1) shall, upon conviction, be fined not more than $1,000,000; or
(2) if a natural person, may be imprisoned for not more than 20 years, or both.
**(b) Civil penalties** The President may impose the following civil penalties on a person who violates [section 4842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4842&num=0&edition=prelim) or any regulation issued under this subchapter:
(1) 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.
(2) Revocation of a license issued under subchapter I to the person.
(3) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under subchapter I.
**(c) Procedures** Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section 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 and shall be subject to judicial review in accordance with chapter 7 of such title.
**(d) Standards for levels of civil penalty** The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of coope
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Stable record: federal_law:legal_authorities:record_usc_470ad37158a986b5fc2283cb
Source file: Laws/federal/codes/united-states-code/title-50/section-4851-enforcement--1bbf6932d0.md
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Source location: Title 50, Chapter 58, § 4851; chapter-058-export-control-reform.md
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**(a) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act under [section 4842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4842&num=0&edition=prelim)—
(1) shall, upon conviction, be fined not more than $1,000,000; or
(2) if a natural person, may be imprisoned for not more than 20 years, or both.
**(b) Civil penalties** The President may impose the following civil penalties on a person who violates [section 4842 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4842&num=0&edition=prelim) or any regulation issued under this subchapter:
(1) 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.
(2) Revocation of a license issued under subchapter I to the person.
(3) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under subchapter I.
**(c) Procedures** Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section 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 and shall be subject to judicial review in accordance with chapter 7 of such title.
**(d) Standards for levels of civil penalty** The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.
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Federal law — U.S. Code and appendices · legal_authorities
Congress declares it is the policy of the United States—
(1) to oppose restrictive trade practices or boycotts fostered or imposed by any foreign country against other countries friendly to the United States or against any United States person;
(2) to encourage and, in specified cases, require United States persons engaged in the export of goods or technology or other information to refuse to take actions, including furnishing information or entering into or implementing agreements, which have the effect of furthering or supporting the restrictive trade practices or boycotts fostered or imposed by any foreign country against a country friendly to the United States or any United States person; and
(3) to foster international cooperation and the development of international rules and institutions to assure reasonable access to world supplies.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4842
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 1221
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4851
the policies set forth in section 4841 of this
title.
(c) Preemption
The provisions of this section and the regula-
tions issued pursuant thereto shall preempt any
law, rule, or regulation of any of the several
States or the District of Columbia, or any of the
territories or possessions of the United States,
or of any governmental subdivision thereof,
which law, rule, or regulation pertains to par-
ticipation in, compliance with, implementation
of, or the furnishing of information regarding
restrictive trade practices or boycotts fostered
or imposed by foreign countries against other
countries friendly to the United States.
(Pub. L. 115–232, div. A, title XVII, § 1773, Aug. 13,
2018, 132 Stat. 2234; Pub. L. 116–283, div. A, title
X, § 1081(d)(10), Jan. 1, 2021, 134 Stat. 3874.)
Editorial Notes
REFERENCES IN TEXT
Subchapter I, referred to in subsec. (b)(1), was in the
original ‘‘part I’’, meaning part I (§§ 1751–1768) of sub-
title B of title XVII of div. A of Pub. L. 115–232, known
as the Export Controls Act of 2018, which is classified
principally to subchapter I of this chapter. For com-
plete 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.
AMENDMENTS
2021—Subsec. (b)(1). Pub. L. 116–283 substituted
‘‘(2)(D)’’ for ‘‘(1)(D)’’ in reference to section 4811(2)(D) of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021,
134 Stat. 3873, provided that the amendment made by
section 1081(d)(10) is effective as of Aug. 13, 2018, and as
if included in Pub. L. 115–232.
§ 4843. Enforcement
(a) Criminal penalt
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4851
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