50 U.S.C. § 1705 — Penalties

Page 227 TITLE 50—WAR AND NATIONAL DEFENSE § 1706 Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (d), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255. Title IV of the National Emergencies Act enacted subchapter IV (§ 1641) of chapter 34 of this title. For complete clas- sification of this Act to the Code, see Short Title note set out under section 1601 of this title and Tables. § 1704. Authority to issue regulations The President may issue such regulations, in- cluding regulations prescribing definitions, as may be necessary for the exercise of the authori- ties granted by this chapter. (Pub. L. 95–223, title II, § 205, Dec. 28, 1977, 91 Stat. 1628.) § 1705. Penalties (a) Unlawful acts It shall be unlawful for a person to violate, at- tempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter. (b) Civil penalty A civil penalty may be imposed on any person who commits an unlawful act described in sub- section (a) in an amount not to exceed the greater of— (1) $250,000; or (2) an amount that is twice the amount of the transaction that is the basis of the viola- tion with respect to which the penalty is im- posed. (c) Criminal penalty A person who willfully commits, willfully at- tempts to commit, or willfully conspires to com- mit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be impris- oned for not more than 20 years, or both. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding for the en- forcement of any civil fine, penalty, or for- feiture, pecuniary or otherwise, under this section shall not be entertained unless com- menced 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 com- mencement 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 pun- ished for any offense under subsection (c) un- less the indictment is found or the informa- tion is instituted within 10 years after the lat- est date of the violation upon which the in- dictment or information is based. (Pub. L. 95–223, title II, § 206, Dec. 28, 1977, 91 Stat. 1628; Pub. L. 102–393, title VI, § 629, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 102–396, title IX, § 9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104–201, div. A, title XIV, § 1422, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 109–177, title IV, § 402, Mar. 9, 2006, 120 Stat. 243; Pub. L. 110–96, § 2(a), Oct. 16, 2007, 121 Stat. 1011; Pub. L. 118–50, div. E, title I, § 3111(a), Apr. 24, 2024, 138 Stat. 938.) Editorial Notes AMENDMENTS 2024—Subsec. (d). Pub. L. 118–50 added subsec. (d). 2007—Pub. L. 110–96 amended section generally. Prior to amendment, text of section read as follows: ‘‘(a) A civil penalty of not to exceed $50,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter. ‘‘(b) Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be im- prisoned for not more than twenty years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be pun- ished by a like fine, imprisonment, or both.’’ 2006—Subsec. (a). Pub. L. 109–177, § 402(1), substituted ‘‘$50,000’’ for ‘‘$10,000’’. Subsec. (b). Pub. L. 109–177, § 402(2), substituted ‘‘twenty years’’ for ‘‘ten years’’. 1996—Subsec. (a). Pub. L. 104–201, § 1422(1), inserted ‘‘, or attempts to violate,’’ after ‘‘violates’’. Subsec. (b). Pub. L. 104–201, § 1422(2), inserted ‘‘, or willfully attempts to violate,’’ after ‘‘violates’’. 1992—Subsec. (a). Pub. L. 102–396 substituted ‘‘$10,000’’ for ‘‘$50,000’’. Pub. L. 102–393 substituted ‘‘$50,000’’ for ‘‘$10,000’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2007 AMENDMENT Pub. L. 110–96, § 2(b), Oct. 16, 2007, 121 Stat. 1011, pro- vided that: ‘‘(1) CIVIL PENALTIES.—Section 206(b) of the Inter- national Emergency Economic Powers Act [50 U.S.C. 1705(b)], as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is pending or com- menced on or after the date of the enactment of this Act [Oct. 16, 2007]. ‘‘(2) CRIMINAL PENALTIES.—Section 206(c) of the Inter- national Emergency Economic Powers Act, as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which en- forcement action is commenced on or after the date of the enactment of this Act.’’ § 1706. Savings provisions (a) Termination of national emergencies pursu- ant to National Emergencies Act (1) Except as provided in subsection (b), not- withstanding the termination pursuant to the National Emergencies Act [50 U.S.C. 1601 et seq.] of a national emergency declared for purposes of this chapter, any authorities granted by this chapter, which are exercised on the date of such termination on the basis of such national emer- gency to prohibit transactions involving prop- erty in which a foreign country or national thereof has any interest, may continue to be so exercised to prohibit transactions involving that property if the President determines that the continuation of such prohibition with respect to that property is necessary on account of claims involving such country or its nationals.