50 U.S.C. § 1706 — Savings provisions

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, pecuniary or otherwise, under this section shall not be entertained unless com- menced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based. (B) Commencement For purposes of this paragraph, the com- mencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation. (2) Time for indictment No person shall be prosecuted, tried, or pun- ished for any offense under subsection (c) un- less the indictment is found or the informa- tion is instituted within 10 years after the lat- est date of the violation upon which the in- dictment or information is based. (Pub. L. 95–223, title II, § 206, Dec. 28, 1977, 91 Stat. 1628; Pub. L. 102–393, title VI, § 629, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 102–396, title IX, § 9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104–201, div. A, title XIV, § 1422, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 109–177, title IV, § 402, Mar. 9, 2006, 120 Stat. 243; Pub. L. 110–96, § 2(a), Oct. 16, 2007, 121 Stat. 1011; Pub. L. 118–50, div. E, title I, § 3111(a), Apr. 24, 2024, 138 Stat. 938.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–50 added subsec. (d). 2007—Pub. L. 110–96 amended section generally. Prior to amendment, text of section read as follows: ‘‘(a) A civil penalty of not to exceed $50,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter. ‘‘(b) Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be im- prisoned for not more than twenty years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be pun- ished by a like fine, imprisonment, or both.’’ 2006—Subsec. (a). Pub. L. 109–177, § 402(1), substituted ‘‘$50,000’’ for ‘‘$10,000’’. Subsec. (b). Pub. L. 109–177, § 402(2), substituted ‘‘twenty years’’ for ‘‘ten years’’. 1996—Subsec. (a). Pub. L. 104–201, § 1422(1), inserted ‘‘, or attempts to violate,’’ after ‘‘violates’’. Subsec. (b). Pub. L. 104–201, § 1422(2), inserted ‘‘, or willfully attempts to violate,’’ after ‘‘violates’’. 1992—Subsec. (a). Pub. L. 102–396 substituted ‘‘$10,000’’ for ‘‘$50,000’’. Pub. L. 102–393 substituted ‘‘$50,000’’ for ‘‘$10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–96, § 2(b), Oct. 16, 2007, 121 Stat. 1011, pro- vided that: ‘‘(1) CIVIL PENALTIES.—Section 206(b) of the Inter- national Emergency Economic Powers Act [50 U.S.C. 1705(b)], as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is pending or com- menced on or after the date of the enactment of this Act [Oct. 16, 2007]. ‘‘(2) CRIMINAL PENALTIES.—Section 206(c) of the Inter- national Emergency Economic Powers Act, as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which en- forcement action is commenced on or after the date of the enactment of this Act.’’ § 1706. Savings provisions (a) Termination of national emergencies pursu- ant to National Emergencies Act (1) Except as provided in subsection (b), not- withstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emer- gency to prohibit transactions involving prop- erty in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals. Page 228 TITLE 50—WAR AND NATIONAL DEFENSE § 1707 (2) Notwithstanding the termination of the au- thorities described in section 101(b) of this Act, any such authorities, which are exercised with respect to a country on the date of such termi- nation to prohibit transactions involving any property in which such country or any national thereof has any interest, may continue to be ex- ercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals. (b) Congressional termination of national emer- gencies by concurrent resolution The authorities described in subsection (a)(1) may not continue to be exercised under this sec- tion if the national emergency is terminated by the Congress by concurrent resolution pursuant to section 202 of the National Emergencies Act [50 U.S.C. 1622] and if the Congress specifies in such concurrent resolution that such authorities may not continue to be exercised under this sec- tion. (c) Supplemental savings provisions; super- sedure of inconsistent provisions (1) The provisions of this section are supple- mental to the savings provisions of paragraphs (1), (2), and (3) of section 101(a) [50 U.S.C. 1601(a)(1), (2), (3)] and of paragraphs (A), (B), and (C) of section 202(a) [50 U.S.C. 1622(a)(A), (B), and (C)] of the National Emergencies Act. (2) The provisions of this section supersede the termination provisions of section 101(a) [50 U.S.C. 1601(a)] and of title II [50 U.S.C. 1621 et seq.] of the National Emergencies Act to the ex- tent that the provisions of this section are in- consistent with these provisions. (d) Periodic reports to Congress If the President uses the authority of this sec- tion to continue prohibitions on transactions in- volving foreign property interests, he shall re- port to the Congress every six months on the use of such authority. (Pub. L. 95–223, title II, § 207, Dec. 28, 1977, 91 Stat. 1628.) Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsecs. (a)(1) and (c)(2), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of this title. Title II of the National Emer- gencies Act is classified generally to subchapter II (§ 1621 et seq.) of chapter 34 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. Section 101(b) of this Act, referred to in subsec. (a)(2), is section 101(b) of Pub. L. 95–223, which is set out as a note under section 4305 of this title. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (d) of this section is listed as the 11th item on page 27), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 1707. Multinational economic embargoes against governments in armed conflict with the United States (a) Policy on the establishment of embargoes It is the policy of the United States, that upon the use of the Armed Forces of the United States to engage in hostilities against any for- eign country, the President shall, as appro- priate— (1) seek the establishment of a multi- national economic embargo against such coun- try; and (2) seek the seizure of its foreign financial assets. (b) Reports to Congress Not later than 20 days after the first day of the engagement of the United States in hos- tilities described in subsection (a), the President shall, if the armed conflict has continued for 14 days, submit to Congress a report setting forth— (1) the specific steps the United States has taken and will continue to take to establish a multinational economic embargo and to ini- tiate financial asset seizure pursuant to sub- section (a); and (2) any foreign sources of trade or revenue that directly or indirectly support the ability of the adversarial government to sustain a military conflict against the United States. (Pub. L. 106–65, div. A, title XII, § 1231, Oct. 5, 1999, 113 Stat. 788.) Editorial Notes CODIFICATION Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2000, and not as part of the International Emergency Economic Powers Act which comprises this chapter. § 1708. Actions to address economic or industrial espionage in cyberspace (a) Report required (1) In general Not later than 180 days after December 19, 2014, and annually thereafter through 2020, the President shall submit to the appropriate con- gressional committees a report on foreign eco- nomic and industrial espionage in cyberspace during the 12-month period preceding the sub- mission of the report that— (A) identifies— (i) foreign countries that engage in eco- nomic or industrial espionage in cyber- space with respect to trade secrets or pro- prietary information owned by United States persons; (ii) foreign countries identified under clause (i) that the President determines engage in the most egregious economic or industrial espionage in cyberspace with re- spect to such trade secrets or proprietary information (to be known as ‘‘priority for- eign countries’’); (iii) categories of technologies or propri- etary information developed by United States persons that—