50 U.S.C. § 4820 — Penalties

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4820 — Penalties

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4820

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 20f41e1b4ffbe4b56282dd9978c387a0fc7b9187ed73416bb1ba756ce2115fc6. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_17971b78530a0e82109ac43f
Source file: Laws/federal/codes/united-states-code/title-50/section-4820-penalties--9b6b39fb73.md
Pages: Not recorded – Not recorded
Passage SHA-256: 1dd2362bc90c6a25baf5fb3a60de4745bae5613f3157597c4692b75ac0b5df6e
Retained source evidence SHA-256: 20f41e1b4ffbe4b56282dd9978c387a0fc7b9187ed73416bb1ba756ce2115fc6

Source location: Title 50, Chapter 58, § 4820; chapter-058-export-control-reform.md

Stored source content

**(a) Unlawful acts** (1) **In general** — It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of this subchapter or of any regulation, order, license, or other authorization issued under this subchapter, including any of the unlawful acts described in paragraph (2). (2) **Specific unlawful acts** — The unlawful acts described in this paragraph are the following: (A) No person may engage in any conduct prohibited by or contrary to, or refrain from engaging in any conduct required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (B) No person may cause or aid, abet, counsel, command, induce, procure, permit, or approve the doing of any act prohibited, or the omission of any act required by this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (C) No person may solicit or attempt a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (D) No person may conspire or act in concert with one or more other persons in any manner or for any purpose to bring about or to do any act that constitutes a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (E) No person may order, buy, remove, conceal, store, use, sell, loan, dispose of, transfer, transport, finance, forward, or otherwise service, in whole or in part, or conduct negotiations to facilitate such activities for, any item exported or to be exported from the United States, or that is otherwise subject to the Export Administration Regulations, with knowledge that a violation of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder, has occurred, is about to occur, or is intended to occur in connection with the item unless valid authorization is obtained therefor. (F) No person may make any false or misleading representation, statement, or certification, or falsify or conceal any material fact, either directly to the Department of Commerce, or an official of any other United States agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other person— (i) in the course of an investigation or other action subject to the Export Administration Regulations; (ii) in connection with the preparation, submission, issuance, use, or maintenance of any export control document or any report filed or required to be filed pursuant to the Export Administration Regulations; or (iii) for the purpose of or in connection with effecting any export, reexport, or in-country transfer of an item subject to the Export Administration Regulations or a service or other activity of a United States person described in [section 4813 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4813&num=0&edition=prelim). (G) No person may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the Export Administration Regulations, or any order, license, or authorization issued thereunder. (H) No person may fail or refuse to comply with any reporting or recordkeeping requirements of the Export Administration Regulations or of any order, license, or authorization issued thereunder. (I) Except as specifically authorized in the Export Administration Regulations or in writing by the Department of Commerce, no person may alter any license, authorization, export control document, or order issued under the Export Administration Regulations. (J) No person may take any action that is prohibited by a denial order or a temporary denial order issued by the Department of Commerce to prevent imminent violations of this subchapter, the Export Administration Regulations, or any order, license or authorization issued thereunder. (3) **Additional requirements** — For purposes of paragraph (2)(F), any representation, statement, or certification made by any person shall be deemed to be continuing in effect. Each person who has made a representation, statement, or certification to the Department of Commerce relating to any order, license, or other authorization issued under this subchapter shall notify the Department of Commerce, in writing, of any change of any material fact or intention from that previously represented, stated, or certified, immediately upon receipt of any information that would lead a reasonably prudent person to know that a change of material fact or intention had occurred or may occur in the future. **(b) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of, an unlawful act described in subsection (a)— (1) shall be fined not more than $1,000,000; and (2) in the case of the individual, shall be imprisoned for not more than 20 years, or both. **(c) Civil penalties** (1) **Authority** — The Secretary may impose the following civil penalties on a person for each violation by that person of this subchapter or any regulation, order, or license issued under this subchapter, for each violation: (A) 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. (B) Revocation of a license issued under this subchapter to the person. (C) A prohibition on the person’s ability to export, reexport, or in-country transfer any items controlled under this subchapter. (2) **Procedures** — Any civil penalty under this subsection 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. (3) **Standards for levels of civil penalty** — The Secretary may by regulation provide standards for establishing levels of civil penalty under this subsection based upon factors such as the seriousness of the violation, the culpability of the violator, and such mitigating factors as the violator’s record of cooperation with the Government in disclosing the violation. **(d) Criminal forfeiture** (1) **In general** — Any person who is convicted under subsection (b) of a violation of a control imposed under [section 4812 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4812&num=0&edition=prelim) (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United States any of the person’s property— (A) used or intended to be used, in any manner, to commit or facilitate the violation; (B) constituting or traceable to the gross proceeds taken, obtained, or retained, in connection with or as a result of the violation; or (C) constituting an item or technology that is exported or intended to be exported in violation of this subchapter.11 See References in Text note below. (2) **Procedures** — The procedures in any forfeiture under this subsection shall be governed by the procedures established under [section 853 of title 21](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section853&num=0&edition=prelim), other than subsection (d) of such section. **(e) Prior convictions** (1) **License bar** (A) *In general* — The Secretary may— (i) deny the eligibility of any person convicted of a criminal violation described in subparagraph (B) to export, reexport, or in-country transfer outside the United States any item, whether or not subject to controls under this subchapter, for a period of up to 10 years beginning on the date of the conviction; and (ii) revoke any license or other authorization to export, reexport, or in-country transfer items that was issued under this subchapter and in which such person has an interest at the time of the conviction. (B) *Violations* — The violations referred to in subparagraph (A) are any criminal violations of, or criminal attempt or conspiracy to violate— (i) this subchapter (or any regulation, license, or order issued under this subchapter); (ii) any regulation, license, or order issued under the International Emergency Economic Powers Act [[50 U.S.C. 1701](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim) et seq.]; (iii) section 371, 554, 793, 794, or 798 of title 18; (iv) [section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim); (v) [section 783(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783/b&num=0&edition=prelim); or (vi) [section 2778 of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2778&num=0&edition=prelim). (2) **Application to other parties** — The Secretary may exercise the authority under paragraph (1) with respect to any person related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, 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 subsection (c)(2). **(f) Other authorities** Nothing in subsection (c), (d), or (e) limits— (1) the availability of other administrative or judicial remedies with respect to violations of this subchapter, or any regulation, order, license or other authorization issued under this subchapter; (2) the authority to compromise and settle administrative proceedings brought with respect to violations of this subchapter, or any regulation, order, license, or other authorization issued under this subchapter; or (3) the authority to compromise, remit or mitigate seizures and forfeitures pursuant to [section 401(b) of title 22](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section401/b&num=0&edition=prelim).

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; dec-

§ 1701. Unusual and extraordinary threat; dec- laration of national emergency; exercise of Presidential authorities (a) Any authority granted to the President by section 1702 of this title may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national secu- rity, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. (b) The authorities granted to the President by section 1702 of this title may only be exer- cised to deal with an unusual and extraordinary threat with respect to which a national emer- gency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new dec- laration of national emergency which must be with respect to such threat. (Pub. L. 95–223, title II, § 202, Dec. 28, 1977, 91 Stat. 1626.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–50, div. O, § 1, Apr. 24, 2024, 138 Stat. 988, provided that: ‘‘This division [enacting section 1710 of this title, enacting provisions set out as notes under this section, and amending provisions set out as a note under this section] may be cited as the ‘Strengthening Tools to Counter the Use of Human Shields Act’.’’ SHORT TITLE OF 2023 AMENDMENT Pub. L. 117–336, § 1, Jan. 5, 2023, 136 Stat. 6147, provided that: ‘‘This Act [enacting section 1709 of this title] may be cited as the ‘Protecting American Intellectual Prop- erty Act of 2022’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–54, § 1(a), Nov. 10, 2021, 135 Stat. 413, pro- vided that: ‘‘This Act [amending section 2277a o

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 1701

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 1701. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4820 — Enforcement

§ 4820. Enforcement (a) Authorities In order to enforce this subchapter, the Sec- retary, on behalf of the President, may exercise, in addition to relevant enforcement authorities of other Federal agencies, the authority to— (1) issue orders and guidelines; (2) require, inspect, and obtain books, records, and any other information from any person subject to the provisions of this sub- chapter; (3) administer oaths or affirmations and by subpoena require any person to appear and tes- tify or to appear and produce books, records, and other writings, or both; (4) conduct investigations within the United States and outside the United States con- sistent with applicable law; (5) inspect, search, detain, seize, or issue temporary denial orders with respect to items, in any form, that are subject to controls under this subchapter, or conveyances on which it is believed that there are items that have been, are being, or are about to be exported, reex- ported, or in-country transferred in violation of this subchapter, or any regulations, order, license, or other authorization issued there- under; (6) carry firearms; (7) conduct prelicense inspections and post- shipment verifications; and (8) execute warrants and make arrests. (b) Undercover investigations (1) In general Amounts made available to carry out this subchapter may be used by the Secretary to carry out undercover investigations that are necessary for detection and prosecution of vio- lations of this subchapter, including to— (A) purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to— (i) sections 1341 and 3324 of title 31; (ii) section 8141 of

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4820

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.