Title 50 — War and National DefenseRelease 119-73not60
§4819 Penalties
Title 50 › Chapter 58— EXPORT CONTROL REFORM › Subchapter I— AUTHORITY AND ADMINISTRATION OF CONTROLS › § 4819
Summary
You must not break, try to break, help break, or plan to break the export rules, licenses, orders, or authorizations under these export controls. That includes helping someone else break the rules, asking someone to break them, hiding or moving controlled items when you know a violation has happened or is planned, lying or hiding facts to the Commerce Department or other U.S. agencies, trying to get around the rules, failing to keep required records, changing licenses without permission, or ignoring a denial order. Any written statement you give to the Commerce Department about a license or authorization keeps being true. If a material fact or your intentions change, you must tell the Commerce Department in writing right away once you learn information a reasonable person would see as showing a change. If someone willfully violates these rules, they can be criminally fined up to $1,000,000 and, for an individual, jailed for up to 20 years, or both. The head of the Commerce Department can also impose civil penalties for each violation: a fine up to $300,000 or twice the value of the transaction (whichever is greater), revoke licenses, and bar the person from exporting, reexporting, or transferring controlled items. Civil penalties require notice and a hearing under sections 554–557 of title 5. Convicted people must forfeit property used to commit the crime, proceeds from it, and items exported in violation, with forfeiture procedures under section 853 of title 21 (except subsection (d)). The Commerce Department can deny export privileges for up to 10 years and revoke licenses for people convicted of certain listed crimes (including violations of this export law, IEEPA rules, several criminal statutes in title 18, section 783(b) of this title, and section 2778 of title 22), and can apply these actions to related persons. Other administrative or court remedies, settlements, and seizure or forfeiture mitigation remain available.
Full Legal Text
Title 50, §4819
War and National Defense — Source: USLM XML via OLRC
(a)(1)It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2).
(2)The unlawful acts described in this paragraph are the following:
(A)No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(B)No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(C)No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(D)No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(E)No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor.
(F)No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person—
(i)in the course of an investigation or other action subject to the Export Administration Regulations;
(ii)in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or
(iii)for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in section 4813 of this title.
(G)No person may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the Export Administration Regulations, or any order, license, or authorization issued thereunder.
(H)No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder.
(I)Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations.
(J)No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder.
(3)For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this subchapter shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future.
(b)A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)—
(1)shall be fined not more than $1,000,000; and
(2)in the case of the individual, shall be imprisoned for not more than 20 years, or both.
(c)(1)The Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation:
(A)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.
(B)Revocation of a license issued under this subchapter to the person.
(C)A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under this subchapter.
(3)The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Government in disclosing the violation.
(d)(1)Any person who is convicted under subsection (b) of a violation of a control imposed under section 4812 of this title (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States any of the person’s property—
(A)used or intended to be used, in any manner, to commit or facilitate the violation;
(B)constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or
(C)constituting an item or technology that is exported or intended to be exported in violation of this subchapter.11 See References in Text note below.
(2)The procedures in any forfeiture under this subsection shall be governed by the procedures established under section 853 of title 21, other than subsection (d) of such section.
(e)(1)(A)The Secretary may—
(i)deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this subchapter, for a period of up to 10 years beginning on the date of the conviction; and
(ii)revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this subchapter and in which such person has an interest at the time of the conviction.
(B)The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate—
(i)this subchapter (or any regulation, license, or order issued under this subchapter);
(ii)any regulation, license, or order issued under the International Emergency Economic Powers Act [50 U.S.C. 1701 et seq.];
(iii)section 371, 554, 793, 794, or 798 of title 18;
(v)section 783(b) of this title; or
(2)The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any person convicted of any violation of law set forth in paragraph (1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in subsection (c)(2).
(f)Nothing in subsection (c), (d), or (e) limits—
(1)the availability of other administrative or judicial remedies with respect to violations of this subchapter, or any regulation, order, license or other authorization issued under this subchapter;
(2)the authority to compromise and settle administrative proceedings brought with respect to violations of this subchapter, or any regulation, order, license, or other authorization issued under this subchapter; or
(3)the authority to compromise, remit or mitigate seizures and forfeitures pursuant to section 401(b) of title 22.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
This subchapter, referred to in subsecs. (a), (c)(1), (e)(1), and (f)(1), (2), was in the original “this part”, 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 this subchapter. 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. This subchapter, referred to in subsec. (d)(1)(C), was in the original “this title”, and was translated as meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, which is classified principally to this subchapter, to reflect the probable intent of Congress. 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. The International Emergency Economic Powers Act, referred to in subsec. (e)(1)(B)(ii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title
note set out under section 1701 of this title and Tables.
Reference
Citations & Metadata
Citation
50 U.S.C. § 4819
Title 50 — War and National Defense
Last Updated
Apr 5, 2026
Release point: 119-73not60