§6761 — Title 22 Foreign Relations and Intercourse | U.S. Code

Summary

People who break the rules in sections 6726 or 6745 can be ordered to pay money. Breaking section 6726 can lead to up to $25,000 for each violation, and each day the problem goes on counts as a separate violation. Breaking section 6745 can lead to up to $5,000 for each violation. Before an order is made, the Secretary of State must give notice and must hold a hearing if the person asks within 15 days. Hearings are before an administrative law judge and follow normal federal hearing rules. If the judge finds a violation by a preponderance of the evidence, the judge will order the penalty and consider things like how serious the violation was, ability to pay, past violations, and any compliance efforts. The judge’s decision becomes final unless the head of the U.S. National Authority changes it within 30 days. The government can take the penalty from money it owes the person, and the person can ask a federal appeals court to review the final order within 30 days. If someone knowingly breaks either rule, they can also face criminal punishment: fines, up to one year in jail, or both, in addition to or instead of the civil penalty.

Title 22, §6761

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)(1)(A)Any person that is determined, in accordance with paragraph (2), to have violated section 6726 of this title shall be required by order to pay a civil penalty in an amount not to exceed $25,000 for each such violation. For purposes of this paragraph, each day such a violation of section 6726 of this title continues shall constitute a separate violation of that section.

(B)Any person that is determined, in accordance with paragraph (2), to have violated section 6745 of this title shall be required by order to pay a civil penalty in an amount not to exceed $5,000 for each such violation.

(2)(A)Before imposing an order described in paragraph (1) against a person under this subsection for a violation of section 6726 or 6745 of this title, the Secretary of State shall provide the person or entity with notice and, upon request made within 15 days of the date of the notice, a hearing respecting the violation.

(B)Any hearing so requested shall be conducted before an administrative law judge. The hearing shall be conducted in accordance with the requirements of section 554 of title 5. If no hearing is so requested, the Secretary of State’s imposition of the order shall constitute a final and unappealable order.

(C)If the administrative law judge determines, upon the preponderance of the evidence received, that a person or entity named in the complaint has violated section 6726 or 6745 of this title, the administrative law judge shall state his findings of fact and issue and cause to be served on such person or entity an order described in paragraph (1).

(D)In determining the amount of any civil penalty, the administrative law judge shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, the existence of an internal compliance program, and such other matters as justice may require.

(3)The decision and order of an administrative law judge shall become the final agency decision and order of the head of the United States National Authority unless, within 30 days, the head of the United States National Authority modifies or vacates the decision and order, with or without conditions, in which case the decision and order of the head of the United States National Authority shall become a final order under this subsection.

(4)The amount of the civil penalty under a final order of the United States National Authority may be deducted from any sums owed by the United States to the person.

(5)A person adversely affected by a final order respecting an assessment may, within 30 days after the date the final order is issued, file a petition in the Court of Appeals for the District of Columbia Circuit or for any other circuit in which the person resides or transacts business.

(6)If a person fails to comply with a final order issued under this subsection against the person or entity—

(A)after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with paragraph (5), or

(B)after a court in an action brought under paragraph (5) has entered a final judgment in favor of the United States National Authority,

(b)Any person who knowingly violates any provision of section 6726 or 6745 of this title, shall, in addition to or in lieu of any civil penalty which may be imposed under subsection (a) for such violation, be fined under title 18, imprisoned for not more than one year, or both.

Notes & Related Subsidiaries

Executive Documents

Delegation of Functions For authority of Secretary of Commerce to carry out certain functions with respect to proceedings under subsec. (a), and to issue

Regulations

with respect thereto, see section 4 of Ex. Ord. No. 13128, June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of this title.

§6761 Penalties

Summary

Title 22, §6761

Notes & Related Subsidiaries

Executive Documents

Regulations

Citations & Metadata