§4843 — Title 50 War and National Defense | U.S. Code

Summary

Anyone who on purpose breaks, tries to break, plans to break, or helps someone break the rule in section 4842 can be criminally punished. A person can be fined up to $1,000,000. An individual can also be jailed for up to 20 years, or get both the fine and jail time. The President can also impose civil penalties for breaking section 4842 or related rules. These include a fine up to $300,000 or twice the value of the transaction (whichever is larger), revoking a license under subchapter I, and banning exports, reexports, or in‑country transfers of controlled items. Civil penalties or other sanctions can only be imposed after notice and an agency hearing under sections 554–557 of title 5, and they may be reviewed by a court under chapter 7 of title 5. The President may make rules for penalty amounts based on factors like how serious the violation was, how at fault the person was, and whether they cooperated.

Title 50, §4843

War and National Defense — Source: USLM XML via OLRC

(a)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 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)The 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)Any 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)The 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Subchapter 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.

Amendments

2021—Subsec. (a). Pub. L. 116–283 inserted “under” before “section 4842 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 Amendment Pub. 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.

§4843 Enforcement