Regulations last checked for updates: Jan 19, 2025

Title 15 - Commerce and Foreign Trade last revised: Jan 16, 2025
§ 791.200 - Penalties.
Link to an amendment published at 89 FR 96896, Dec. 6, 2024.

(a) Maximum penalties.

(1) Civil penalty. A civil penalty not to exceed the amount set forth in Section 206 of IEEPA, 50 U.S.C. 1705,may,attempts,conspires,or,including. IEEPA provides for a maximum civil penalty not to exceed the greater of $250,000, subject to inflationary adjustment, or an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.

(2) Criminal penalty. A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids and abets in the commission of a violation of any final determination, direction, or mitigation agreement shall, upon conviction of a violation of IEEPA, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(3) The Secretary may impose a civil penalty of not more than the maximum statutory penalty amount, which, when adjusted for inflation, is $307,922, or twice the amount of the transaction that is the basis of the violation, per violation on any person who violates any final determination, direction, or mitigation agreement issued pursuant to this part under IEEPA.

(i) Notice of the penalty, including a written explanation of the penalized conduct specifying the laws and regulations allegedly violated and the amount of the proposed penalty, and notifying the recipient of a right to make a written petition within 30 days as to why a penalty should not be imposed, shall be served on the notified party or parties.

(ii) The Secretary shall review any presentation and issue a final administrative decision within 30 days of receipt of the petition.

(4) Any civil penalties authorized in this section may be recovered in a civil action brought by the United States in U.S. district court.

(b) Adjustments to penalty amounts.

(1) The civil penalties provided in IEEPA are subject to adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, as amended, 28 U.S.C. 2461 note).

(2) The criminal penalties provided in IEEPA are subject to adjustment pursuant to 18 U.S.C. 3571.

(c) The penalties available under this section are without prejudice to other penalties, civil or criminal, available under law. Attention is directed to 18 U.S.C. 1001,which,in,knowingly,conceals,or,scheme,or,or,fictitious,or,or,fictitious,or,shall,United,or,or.

authority: 50 U.S.C. 1701
source: 86 FR 4923, Jan. 19, 2021, unless otherwise noted. Redesignated at 89 FR 58265, July 18, 2024.
cite as: 15 CFR 791.200