§1705 — Title 50 War and National Defense | U.S. Code

Summary

It is illegal to break, try to break, plan to break, or cause someone else to break any license, order, rule, or ban made under this chapter. A civil fine can be imposed for such acts up to the larger of $250,000 or twice the value of the transaction that caused the violation. If the act is done on purpose, or someone helps or plans it, criminal penalties can apply: a fine up to $1,000,000 and, for a natural person (a human), up to 20 years in prison, or both. Civil enforcement actions must start within 10 years after the last date of the violation; starting a case includes issuing a pre-penalty notice or a finding of violation. Criminal charges must also be brought within 10 years after the last date of the violation.

Title 50, §1705

War and National Defense — Source: USLM XML via OLRC

(a)It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.

(b)A civil penalty may be imposed on any person who commits an unlawful act described in subsection (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 violation with respect to which the penalty is imposed.

(c)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 described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(d)(1)(A)An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.

(B)For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.

(2)No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

Notes & Related Subsidiaries

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 imprisoned 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 punished 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, provided that: “(1) Civil penalties.—section 206(b) of the International 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 commenced on or after the date of the enactment of this Act [Oct. 16, 2007]. “(2) Criminal penalties.—section 206(c) of the International 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

Enforcement

action is commenced on or after the date of the enactment of this Act.”

§1705 Penalties

Summary

Title 50, §1705

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Enforcement

Enforcement

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