republic-os/legal/us/code/title-50/chapter-35/section-1705.md

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50 U.S.C. § 1705 - Penalties

Text

(a) Unlawful acts 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) Civil penalty 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) Criminal penalty 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) Statute of limitations (1) Time for commencing proceedings (A) In general 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) Commencement 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) Time for indictment 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.

(Pub. L. 95–223, title II, § 206, Dec. 28, 1977, 91 Stat. 1628; Pub. L. 102–393, title VI, § 629, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 102–396, title IX, § 9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104–201, div. A, title XIV, § 1422, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 109–177, title IV, § 402, Mar. 9, 2006, 120 Stat. 243; Pub. L. 110–96, § 2(a), Oct. 16, 2007, 121 Stat. 1011; Pub. L. 118–50, div. E, title I, § 3111(a), Apr. 24, 2024, 138 Stat. 938.)

Notes

Editorial Notes

Amendments2024—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 AmendmentPub. 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.”