(a) Criminal penaltyA 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—(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 penaltiesThe President may impose the following civil penalties on a person who violates section 4842 of this title 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) ProceduresAny 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 penaltyThe 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.
(Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237; Pub. L. 116–283, div. A, title X, § 1081(d)(11), Jan. 1, 2021, 134 Stat. 3874.)
Editorial Notes
References in TextSubchapter I, referred to in subsec. (b)(2), (3), was in the original “part I”, meaning part I (§§ 1751–1768) of subtitle 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 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.
Amendments2021—Subsec. (a). Pub. L. 116–283 inserted “under” before “section 4842 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.