§ 4843. Enforcement

Statutory text

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 under section 4842 of this title—

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.

Civil penalties

The President may impose the following civil penalties on a person who violates section 4842 of this title or any regulation issued under this subchapter:

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.

Revocation of a license issued under subchapter I to the person.

A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under subchapter I.

Procedures

Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section 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 and shall be subject to judicial review in accordance with chapter 7 of such title.

Standards for levels of civil penalty

The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.

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.

2018
Anti-Boycott Act of 2018
Pub. L. 115–232 div. A title XVII § 1774 · 132 Stat. 1636
Enacted · 50 U.S.C. § 4843
Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237
Source evidence
Code source credit
Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237
Enacted provision · exact public law section
SEC. 1774. ENFORCEMENT. (a) 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 section 1773— (1) shall, upon conviction, be fined not more than $1,000,000; or (2) if a natural person, may be imprisoned for not more than 20 years, or both. (b) Civil Penalties.— The President may impose the following civil penalties on a person who violates section 1773 or any regulation issued under this part: (1) 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. (2) Revocation of a license issued under part I to the person. (3) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under part I. (c) Procedures.— Any civil penalty or administrative sanction (including any suspension or revocation of authority to export) under this section 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, and shall be subject to judicial review in accordance with chapter 7 of such title. (d) Standards for Levels of Civil Penalty.— The President may by regulation provide standards for establishing levels of civil penalty under this section based upon factors such as the seriousness of the violation, the culpability of the violator, and the violator’s record of cooperation with the Government in disclosing the violation.
Effective date note
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.
2021
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title X § 1081(d)(11) · 134 Stat. 3388
Inserted · 50 U.S.C. § 4843(a)
Pub. L. 116–283 inserted “under” before “section 4842 of this title”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283 inserted “under” before “section 4842 of this title”.
Enacted provision · exact public law section
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is amended in the matter preceding paragraph (1) by inserting “under” before “section 1773”.
Effective date note
Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.

2 of 2 references resolved to an enrolled provision

Editorial Notes

References in Text

Subchapter I, referred to in subsec. (b)(2), (3), was in the original “part I”, 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 subchapter I of this chapter. 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.

Amendments

2021—Subsec. (a). Pub. L. 116–283 inserted “under” before “section 4842 of this title”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283, div. A, title X, § 1081(d), Jan. 1, 2021, 134 Stat. 3873, provided that the amendment made by section 1081(d)(11) is effective as of Aug. 13, 2018, and as if included in Pub. L. 115–232.

Credits

2018–2021 · 2 acts

2018Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237
2021Pub. L. 116–283, div. A, title X, § 1081(d)(11), Jan. 1, 2021, 134 Stat. 3874.

Show as published

(Pub. L. 115–232, div. A, title XVII, § 1774, Aug. 13, 2018, 132 Stat. 2237; Pub. L. 116–283, div. A, title X, § 1081(d)(11), Jan. 1, 2021, 134 Stat. 3874.)