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CITE

    50 USC APPENDIX Sec. 2410                                   01/08/2008

EXPCITE

    TITLE 50, APPENDIX - WAR AND NATIONAL DEFENSE
    EXPORT REGULATION

HEAD

    Sec. 2410. Violations

STATUTE

    (a) In general
      Except as provided in subsection (b) of this section, whoever
    knowingly violates or conspires to or attempts to violate any
    provision of this Act [sections 2401 to 2420 of this Appendix] or
    any regulation, order, or license issued thereunder shall be fined
    not more than five times the value of the exports involved or
    $50,000, whichever is greater, or imprisoned not more than 5 years,
    or both.
    (b) Willful violations
      (1) Whoever willfully violates or conspires to or attempts to
    violate any provision of this Act [sections 2401 to 2420 of this
    Appendix] or any regulation, order, or license issued thereunder,
    with knowledge that the exports involved will be used for the
    benefit of, or that the destination or intended destination of the
    goods or technology involved is, any controlled country or any
    country to which exports are controlled for foreign policy purposes
    -
        (A) except in the case of an individual, shall be fined not
      more than five times the value of the exports involved or
      $1,000,000, whichever is greater; and
        (B) in the case of an individual, shall be fined not more than
      $250,000, or imprisoned not more than 10 years, or both.
      (2) Any person who is issued a validated license under this Act
    [sections 2401 to 2420 of this Appendix] for the export of any good
    or technology to a controlled country and who, with knowledge that
    such a good or technology is being used by such controlled country
    for military or intelligence gathering purposes contrary to the
    conditions under which the license was issued, willfully fails to
    report such use to the Secretary of Defense -
        (A) except in the case of an individual, shall be fined not
      more than five times the value of the exports involved or
      $1,000,000, whichever is greater; and
        (B) in the case of an individual, shall be fined not more than
      $250,000, or imprisoned not more than 5 years, or both.
      (3) Any person who possesses any goods or technology -
        (A) with the intent to export such goods or technology in
      violation of an export control imposed under section 5 or 6 of
      this Act [section 2404 or 2405 of this Appendix] or any
      regulation, order, or license issued with respect to such
      control, or
        (B) knowing or having reason to believe that the goods or
      technology would be so exported,
    shall, in the case of a violation of an export control imposed
    under section 5 [section 2404 of this Appendix] (or any regulation,
    order, or license issued with respect to such control), be subject
    to the penalties set forth in paragraph (1) of this subsection and
    shall, in the case of a violation of an export control imposed
    under section 6 [section 2405 of this Appendix] (or any regulation,
    order, or license issued with respect to such control), be subject
    to the penalties set forth in subsection (a).
      (4) Any person who takes any action with the intent to evade the
    provisions of this Act [sections 2401 to 2420 of this Appendix] or
    any regulation, order, or license issued under this Act [sections
    2401 to 2420 of this Appendix] shall be subject to the penalties
    set forth in subsection (a), except that in the case of an evasion
    of an export control imposed under section 5 or 6 of this Act
    [section 2404 or 2405 of this Appendix] (or any regulation, order,
    or license issued with respect to such control), such person shall
    be subject to the penalties set forth in paragraph (1) of this
    subsection.
      (5) Nothing in this subsection or subsection (a) shall limit the
    power of the Secretary to define by regulations violations under
    this Act [sections 2401 to 2420 of this Appendix].
    (c) Civil penalties; administrative sanctions
      (1) The Secretary (and officers and employees of the Department
    of Commerce specifically designated by the Secretary) may impose a
    civil penalty not to exceed $10,000 for each violation of this Act
    [sections 2401 to 2420 of this Appendix] or any regulation, order,
    or license issued under this Act [sections 2401 to 2420 of this
    Appendix], either in addition to or in lieu of any other liability
    or penalty which may be imposed, except that the civil penalty for
    each such violation involving national security controls imposed
    under section 5 of this Act [section 2404 of this Appendix] or
    controls imposed on the export of defense articles and defense
    services under section 38 of the Arms Export Control Act [22 U.S.C.
    2778] may not exceed $100,000.
      (2)(A) The authority under this Act [sections 2401 to 2420 of
    this Appendix] to suspend or revoke the authority of any United
    States person to export goods or technology may be used with
    respect to any violation of the regulations issued pursuant to
    section 8(a) of this Act [section 2407(a) of this Appendix].
      (B) Any administrative sanction (including any civil penalty or
    any suspension or revocation of authority to export) imposed under
    this Act [sections 2401 to 2420 of this Appendix] for a violation
    of the regulations issued pursuant to section 8(a) of this Act
    [section 2407(a) of this Appendix] 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, United States Code.
      (C) Any charging letter or other document initiating
    administrative proceedings for the imposition of sanctions for
    violations of the regulations issued pursuant to section 8(a) of
    this Act [section 2407(a) of this Appendix] shall be made available
    for public inspection and copying.
      (3) An exception may not be made to any order issued under this
    Act [sections 2401 to 2420 of this Appendix] which revokes the
    authority of a United States person to export goods or technology
    unless the Committee on Foreign Affairs of the House of
    Representatives and the Committee on Banking, Housing, and Urban
    Affairs of the Senate are first consulted concerning the exception.
      (4) The President may by regulation provide standards for
    establishing levels of civil penalty provided in this subsection
    based upon the seriousness of the violation, the culpability of the
    violator, and the violator's record of cooperation with the
    Government in disclosing the violation.
    (d) Payment of penalties
      The payment of any penalty imposed pursuant to subsection (c) may
    be made a condition, for a period not exceeding one year after the
    imposition of such penalty, to the granting, restoration, or
    continuing validity of any export license, permission, or privilege
    granted or to be granted to the person upon whom such penalty is
    imposed. In addition, the payment of any penalty imposed under
    subsection (c) may be deferred or suspended in whole or in part for
    a period of time no longer than any probation period (which may
    exceed one year) that may be imposed upon such person. Such a
    deferral or suspension shall not operate as a bar to the collection
    of the penalty in the event that the conditions of the suspension,
    deferral, or probation are not fulfilled.
    (e) Refunds
      Any amount paid in satisfaction of any penalty imposed pursuant
    to subsection (c), or any amounts realized from the forfeiture of
    any property interest or proceeds pursuant to subsection (g), shall
    be covered into the Treasury as a miscellaneous receipt. The head
    of the department or agency concerned may, in his discretion,
    refund any such penalty imposed pursuant to subsection (c), within
    2 years after payment, on the ground of a material error of fact or
    law in the imposition of the penalty. Notwithstanding section
    1346(a) of title 28, United States Code, no action for the refund
    of any such penalty may be maintained in any court.
    (f) Actions for recovery of penalties
      In the event of the failure of any person to pay a penalty
    imposed pursuant to subsection (c), a civil action for the recovery
    thereof may, in the discretion of the head of the department or
    agency concerned, be brought in the name of the United States. In
    any such action, the court shall determine de novo all issues
    necessary to the establishment of liability. Except as provided in
    this subsection and in subsection (d), no such liability shall be
    asserted, claimed, or recovered upon by the United States in any
    way unless it has previously been reduced to judgment.
    (g) Forfeiture of property interest and proceeds
      (1) Any person who is convicted under subsection (a) or (b) of a
    violation of an export control imposed under section 5 of this Act
    [section 2404 of this Appendix] (or any regulation, order, or
    license issued with respect to such control) shall, in addition to
    any other penalty, forfeit to the United States -
        (A) any of that person's interest in, security of, claim
      against, or property or contractual rights of any kind in the
      goods or tangible items that were the subject of the violation;
        (B) any of that person's interest in, security of, claim
      against, or property or contractual rights of any kind in
      tangible property that was used in the export or attempt to
      export that was the subject of the violation; and
        (C) any of that person's property constituting, or derived
      from, any proceeds obtained directly or indirectly as a result of
      the violation.
      (2) The procedures in any forfeiture under this subsection, and
    the duties and authority of the courts of the United States and the
    Attorney General with respect to any forfeiture action under this
    subsection or with respect to any property that may be subject to
    forfeiture under this subsection, shall be governed by the
    provisions of section 1963 of title 18, United States Code.
    (h) Prior convictions
      (1) No person convicted of a violation of this Act [sections 2401
    to 2420 of this Appendix] (or any regulation, license, or order
    issued under this Act [sections 2401 to 2420 of this Appendix]),
    any regulation, license, or order issued under the International
    Emergency Economic Powers Act [50 U.S.C. 1701 et seq.], section
    793, 794, or 798 of title 18, United States Code, section 4(b) of
    the Internal Security Act of 1950 (50 U.S.C. 783(b)),(!1) or
    section 38 of the Arms Export Control Act (22 U.S.C. 2778) shall be
    eligible, at the discretion of the Secretary, to apply for or use
    any export license under this Act [sections 2401 to 2420 of this
    Appendix] for a period of up to 10 years from the date of the
    conviction. The Secretary may revoke any export license under this
    Act [sections 2401 to 2420 of this Appendix] in which such person
    has an interest at the time of the conviction.
      (2) The Secretary may exercise the authority under paragraph (1)
    with respect to any person related, through affiliation, ownership,
    control, or position of responsibility, 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 section 13(c) of this Act [section 2412(c)
    of this Appendix].
    (i) Other authorities
      Nothing in subsection (c), (d), (f), (g), or (h) limits -
        (1) the availability of other administrative or judicial
      remedies with respect to violations of this Act [sections 2401 to
      2420 of this Appendix], or any regulation, order, or license
      issued under this Act [sections 2401 to 2420 of this Appendix];
        (2) the authority to compromise and settle administrative
      proceedings brought with respect to violations of this Act
      [sections 2401 to 2420 of this Appendix], or any regulation,
      order, or license issued under this Act [sections 2401 to 2420 of
      this Appendix]; or
        (3) the authority to compromise, remit or mitigate seizures and
      forfeitures pursuant to section 1(b) of title VI of the Act of
      June 15, 1917 (22 U.S.C. 401(b)).

SOURCE

    (Pub. L. 96-72, Sec. 11, Sept. 29, 1979, 93 Stat. 529; Pub. L. 97-
    145, Sec. 4(a)-(c), Dec. 29, 1981, 95 Stat. 1727; Pub. L. 99-64,
    title I, Sec. 112, July 12, 1985, 99 Stat. 146; Pub. L. 100-418,
    title II, Sec. 2426, Aug. 23, 1988, 102 Stat. 1361.)

REFERENCES IN TEXT

      The International Emergency Economic Powers Act, referred to in
    subsec. (h)(1), is title II of Pub. L. 95-223, Dec. 28, 1977, 91
    Stat. 1626, which is classified generally to chapter 35 (Sec. 1701
    et seq.) of Title 50, War and National Defense. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 1701 of Title 50 and Tables.
      Section 4(b) of the Internal Security Act of 1950 (50 U.S.C.
    783(b)), referred to in subsec. (h)(1), was redesignated as section
    4(a) of that Act, 50 U.S.C. 783(a), by Pub. L. 103-199, title VIII,
    Sec. 803(2)(B), Dec. 17, 1993, 107 Stat. 2329.

PRIOR PROVISIONS

      A prior section 2410, Pub. L. 91-184, Sec. 11, Dec. 30, 1969, 83
    Stat. 846; Pub. L. 95-52, title II, Sec. 204, June 22, 1977, 91
    Stat. 247, defining "person" and "United States person" for
    purposes of the Export Administration Act of 1969, expired on Sept.
    30, 1979.
                                AMENDMENTS
      1988 - Subsec. (h). Pub. L. 100-418, Sec. 2426, designated
    existing provisions as par. (1), inserted "this Act (or any
    regulation, license, or order issued under this Act), any
    regulation, license, or order issued under the International
    Emergency Economic Powers Act," after "violation of", and added
    par. (2).
      1985 - Subsec. (a). Pub. L. 99-64, Sec. 112(a), inserted "or
    conspires to or attempts to violate".
      Subsec. (b)(1). Pub. L. 99-64, Sec. 112(b)(1), in provisions
    preceding subpar. (A), substituted "Whoever willfully violates or
    conspires to or attempts to violate any provision of this Act or
    any regulation, order, or license issued thereunder, with knowledge
    that the exports involved will be used for the benefit of, or that
    the destination or intended destination of the goods or technology
    involved is, any controlled country or any country to which exports
    are controlled for foreign policy purposes" for "Whoever willfully
    exports anything contrary to any provision of this Act or any
    regulation, order, or license issued thereunder, with knowledge
    that such exports will be used for the benefit of any country to
    which exports are restricted for national security or foreign
    policy purposes".
      Subsec. (b)(2). Pub. L. 99-64, Sec. 112(b)(2), struck out
    sentence which provided that for purposes of this paragraph,
    "controlled country" means any country described in section 620(f)
    of the Foreign Assistance Act of 1961.
      Subsec. (b)(3) to (5). Pub. L. 99-64, Sec. 112(b)(3), added pars.
    (3) to (5).
      Subsec. (c)(1). Pub. L. 99-64, Sec. 112(c)(1), substituted
    "Secretary (and officers and employees of the Department of
    Commerce specifically designated by the Secretary)" for "head of
    any department or agency exercising any functions under this Act,
    or any officer or employee of such department or agency
    specifically designated by the head thereof,".
      Subsec. (c)(3), (4). Pub. L. 99-64, Sec. 112((c)(2), added pars.
    (3) and (4).
      Subsec. (e). Pub. L. 99-64, Sec. 112(d), inserted ", or any
    amounts realized from the forfeiture of any property interest or
    proceeds pursuant to subsection (g)," after "Any amount paid in
    satisfaction of any penalty imposed pursuant to subsection (c)",
    and inserted "imposed pursuant to subsection (c)" after "refund any
    such penalty".
      Subsecs. (g), (h). Pub. L. 99-64, Sec. 112(e)(2), added subsecs.
    (g) and (h). Former subsec. (g) redesignated (i).
      Subsec. (i). Pub. L. 99-64, Sec. 112(e)(1), (f), redesignated
    former subsec. (g) as (i) and substituted "(f), (g), or (h)" for
    "or (f)" in provisions preceding par. (1).
      1981 - Subsec. (b)(1). Pub. L. 97-145, Sec. 4(a), in penalty
    provisions, substituted separate penalties for individuals and
    others in subpars. (A) and (B), for provisions prescribing a fine
    of not more than five times the value of the exports involved or
    $100,000, whichever was greater, or imprisonment of not more than
    10 years, or both.
      Subsec. (b)(2). Pub. L. 97-145, Sec. 4(b), in penalty provisions,
    substituted separate penalties for individuals and others in
    subpars. (A) and (B), for provisions prescribing a fine of not more
    than five times the value of the exports involved or $100,000,
    whichever was greater, or imprisonment for not more than 5 years,
    or both.
      Subsec. (c)(1). Pub. L. 97-145, Sec. 3(c), inserted exception
    that the civil penalty for each violation involving national
    security controls imposed under section 2404 of this Appendix or
    controls imposed on the export of defense articles and defense
    services under section 2778 of title 22 may not exceed $100,000.
                     EFFECTIVE DATE OF 1981 AMENDMENT
      Section 4(d) of Pub. L. 97-145 provided that: "The amendments
    made by this section [amending this section] apply with respect to
    violations occurring after the date of the enactment of this Act
    [Dec. 29, 1981]."

FOOTNOTE

    (!1) See References in Text note below.
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