21 U.S.C. § 1906 — Enforcement

Page 997 TITLE 21—FOOD AND DRUGS § 1908 nullify, void, prevent, or prohibit any acquisi- tion, holding, withholding, use, transfer, with- drawal, transportation, placement into foreign or domestic commerce of, or dealing in, or ex- ercising any right, power, or privilege with re- spect to, or transactions involving, any prop- erty in which any foreign country or a na- tional thereof has any interest, by any person, or with respect to any property, subject to the jurisdiction of the United States. (b) Recordkeeping Pursuant to subsection (a), the Secretary of the Treasury may require recordkeeping, report- ing, and production of documents to carry out the purposes of this chapter. (c) Defenses (1) Full and actual compliance with any regu- lation, order, license, instruction, or direction issued under this chapter shall be a defense in any proceeding alleging a violation of any of the provisions of this chapter. (2) No person shall be held liable in any court for or with respect to anything done or omitted in good faith in connection with the administra- tion of, or pursuant to, and in reliance on this chapter, or any regulation, instruction, or direc- tion issued under this chapter. (d) Rulemaking The Secretary of the Treasury may issue such other regulations or orders, including regula- tions prescribing recordkeeping, reporting, and production of documents, definitions, licenses, instructions, or directions, as may be necessary for the exercise of the authorities granted by this chapter. (Pub. L. 106–120, title VIII, § 806, Dec. 3, 1999, 113 Stat. 1631.) § 1906. Enforcement (a) Criminal penalties (1) Whoever willfully violates the provisions of this chapter, or any license rule, or regulation issued pursuant to this chapter, or willfully ne- glects or refuses to comply with any order of the President issued under this chapter shall be— (A) imprisoned for not more than 10 years, (B) fined in the amount provided in title 18 or, in the case of an entity, fined not more than $10,000,000, or both. (2) Any officer, director, or agent of any entity who knowingly participates in a violation of the provisions of this chapter shall be imprisoned for not more than 30 years, fined not more than $5,000,000, or both. (b) Civil penalties A civil penalty not to exceed $1,000,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the pro- visions of this chapter. (c) Judicial review of civil penalty Any penalty imposed under subsection (b) shall be subject to judicial review only to the extent provided in section 702 of title 5. (Pub. L. 106–120, title VIII, § 807, Dec. 3, 1999, 113 Stat. 1631.) § 1907. Definitions As used in this chapter: (1) Entity The term ‘‘entity’’ means a partnership, joint venture, association, corporation, orga- nization, network, group, or subgroup, or any form of business collaboration. (2) Foreign person The term ‘‘foreign person’’ means any cit- izen or national of a foreign state or any enti- ty not organized under the laws of the United States, but does not include a foreign state. (3) Narcotics trafficking The term ‘‘narcotics trafficking’’ means any illicit activity to cultivate, produce, manufac- ture, distribute, sell, finance, or transport nar- cotic drugs, controlled substances, or listed chemicals, or otherwise endeavor or attempt to do so, or to assist, abet, conspire, or collude with others to do so. (4) Narcotic drug; controlled substance; listed chemical The terms ‘‘narcotic drug’’, ‘‘controlled sub- stance’’, and ‘‘listed chemical’’ have the mean- ings given those terms in section 802 of this title. (5) Person The term ‘‘person’’ means an individual or entity. (6) United States person The term ‘‘United States person’’ means any United States citizen or national, permanent resident alien, an entity organized under the laws of the United States (including its for- eign branches), or any person within the United States. (7) Significant foreign narcotics trafficker The term ‘‘significant foreign narcotics traf- ficker’’ means any foreign person that plays a significant role in international narcotics trafficking, that the President has determined to be appropriate for sanctions pursuant to this chapter, and that the President has pub- licly identified in the report required under subsection (b) or (h)(1) of section 1903 of this title. (Pub. L. 106–120, title VIII, § 808, Dec. 3, 1999, 113 Stat. 1632.) § 1908. Judicial Review Commission on Foreign Asset Control (a) Establishment There is established a commission to be known as the ‘‘Judicial Review Commission on Foreign Asset Control’’ (in this section referred to as the ‘‘Commission’’). (b) Membership and procedural matters (1) The Commission shall be composed of five members, as follows: (A) One member shall be appointed by the Chairman of the Select Committee on Intel- ligence of the Senate. (B) One member shall be appointed by the Vice Chairman of the Select Committee on In- telligence of the Senate.