republic-os/legal/us/code/title-50/chapter-53/section-4315.md

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LegalText	50 U.S.C. § 4315	Offenses; punishment; forfeitures of property	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	53	TRADING WITH THE ENEMY	4315	50 U.S.C. § 4315	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s4315	data/legal/raw/us/code/title-50/usc50.xml	86d09128c3b5963c4c1d19de85a6a3f3f0b8555dd61d17dfff0492e72dad3655	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	0bed347932ea53eb9da2005e29f013ea2a861b972cce818c74f23276a43882f3	2026-07-04	official	legal us-code

50 U.S.C. § 4315 - Offenses; punishment; forfeitures of property

Text

(a) Criminal liability Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.

(b) Civil liability; hearing; judicial review (1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.

(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government.

(3) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery.

(4) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.

(c) Forfeiture Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection (a) may be forfeited to the United States.

(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 (a) 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.

(Oct. 6, 1917, ch. 106, § 16, 40 Stat. 425; Pub. L. 95–223, title I, § 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102–393, title VI, § 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, § 1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, § 102(d), Mar. 12, 1996, 110 Stat. 792; Pub. L. 111–195, title I, § 107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, § 3111(b), Apr. 24, 2024, 138 Stat. 939.)

Notes

Editorial Notes

References in Text“This chapter” and “the chapter”, referred to in subsecs. (a) and (b)(1), were in the original “this Act” and “the Act”, respectively, meaning act Oct. 6, 1917, ch. 106, 40 Stat. 411, known as the Trading with the enemy Act, also known as the Trading with the Enemy Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4301 of this title and Tables.

Codification Section was formerly classified to section 16 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Amendments2024—Subsec. (d). Pub. L. 118–50 added subsec. (d). 2010—Subsec. (a). Pub. L. 111–195 substituted “if a natural person, be imprisoned for not more than 20 years, or both.” for “if a natural person, be fined not more than $100,000, or imprisoned for not more than ten years or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall, upon conviction, be fined not more than $100,000 or imprisoned for not more than ten years or both.” 1996—Pub. L. 104–114, § 102(d)(3)(A), made technical amendment inserting section designation in original. Subsec. (a). Pub. L. 104–114, § 102(d)(3)(B), substituted “participates” for “participants”. Subsec. (b). Pub. L. 104–114, § 102(d)(1), amended subsec. (b), as added by Pub. L. 102–484, generally. Prior to amendment, subsec. (b) read as follows: “(b)(1) The Secretary of the Treasury may impose a civil penalty of not more than $50,000 on any person who violates any license, order, rule, or regulation issued under this chapter. “(2) Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph (1) shall, at the discretion of the Secretary of the Treasury, be forfeited to the United States Government. “(3) The penalties provided under this subsection may not be imposed for— “(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or “(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants. “(4) The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery. “(5) Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.” Pub. L. 104–114, § 102(d)(2), struck out subsec. (b), as added by Pub. L. 102–393, which read as follows: “(b)(1) A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter. “(2) The penalties provided under this subsection may not be imposed for— “(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or “(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.” 1992—Pub. L. 102–484, which directed substitution of “(a) Whoever” for “That whoever” and addition of subsec. (b) at end, was executed to reflect the probable intent of Congress in light of the intervening general amendment by Pub. L. 102–393 (see below), by adding subsec. (b) after subsec. (a). Pub. L. 102–393 amended section generally, substituting subsecs. (a) to (c) for former undesignated provisions which read as follows: “Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, concerned in such violation shall be forfeited to the United States.” 1977—Pub. L. 95–223 substituted “$50,000” for “$10,000”.