§ 6009. Enforcement

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   Cuban Democracy Act of 1992

   Pub. L. 102–484 div. A title XVII § 1710 · 106 Stat. 2315

   Enacted · 22 U.S.C. § 6009

   (Pub. L. 102–484, div. A, title XVII, § 1710, Oct. 23, 1992, 106 Stat. 2580.)

   Source evidence

   Code source credit
   (Pub. L. 102–484, div. A, title XVII, § 1710, Oct. 23, 1992, 106 Stat. 2580.)

   Enacted provision · exact public law section
   SEC. 1710. ENFORCEMENT. (a) Enforcement Authority.— The authority to enforce this title shall be carried out by the Secretary of the Treasury. The Secretary of the Treasury shall exercise the authorities of the Trading With the Enemy Act in enforcing this title. In carrying out this subsection, the Secretary of the Treasury shall take the necessary steps to ensure that activities permitted under section 1705 are carried out for the purposes set forth in this title and not for purposes of the accumulation by the Cuban Government of excessive amounts of United States currency or the accumulation of excessive profits by any person or entity. (b) Authorization of Appropriations.— There are authorized to be appropriated to the Secretary of the Treasury such sums as may be necessary to carry out this title. (c) Penalties Under the Trading With the Enemy Act.— Section 16 of the Trading With the Enemy Act (50 U.S.C. App. 16) is amended— (1) by striking “That whoever” and inserting “(a) Whoever”; and (2) by adding at the end the following: “(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 Act. “(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, United States Code, 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, United States Code.”. (d) Applicability of Penalties.— The penalties set forth in section 16 of the Trading With the Enemy Act shall apply to violations of this title to the same extent as such penalties apply to violations under that Act. (e) Office of Foreign Assets Control.— The Department of the Treasury shall establish and maintain a branch of the Office of Foreign Assets Control in Miami, Florida, in order to strengthen the enforcement of this title.

1 of 1 references resolved to an enrolled provision