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50 U.S.C. § 4315Offenses; punishment; forfeitures of property

submitted 109 years ago by ch. 106 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 394 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section provides criminal penalties for willful violations of this chapter and certain related licenses, rules, regulations, and Presidential orders. It also allows a civil penalty for a person who violates a covered license, order, rule, or regulation without requiring willfulness, provides for forfeiture, and sets ten-year time limits.

(a) Criminal liability A person who willfully violates any provision of this chapter, or any license, rule, or regulation issued under this chapter, is subject to criminal penalties. A person who willfully violates, neglects, or refuses to comply with any order of the President issued in compliance with this chapter is also subject to criminal penalties. After conviction, the person may be fined up to $1,000,000. If the person is a natural person, the person may instead, or in addition, be imprisoned for up to 20 years. This section does not define the term “natural person.” (b) Civil liability; hearing; judicial review (1) The Secretary of the Treasury may impose a civil penalty of up to $50,000 on any person who violates any license, order, rule, or regulation issued in compliance with this chapter. This provision does not require that the violation be willful. (2) The following property involved in a violation under paragraph (1) must be forfeited to the United States Government if the Secretary of the Treasury directs it: property, funds, securities, papers, other articles or documents, and any vessel, together with its tackle, apparel, furniture, and equipment. (3) The penalties under this subsection may be imposed only on the official record after the person has had an opportunity for an agency hearing under sections 554 through 557 of title 5. The person also has the right to prehearing discovery. This section does not define the term “prehearing discovery.” (4) A person may seek judicial review of a penalty imposed under this subsection to the extent section 702 of title 5 allows. (c) Forfeiture After conviction, any property, funds, securities, papers, other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, involved in a violation under subsection (a) may be forfeited to the United States. (d) Statute of limitations (1) Time for commencing proceedings (A) In general An action, suit, or proceeding to enforce any civil fine, penalty, or forfeiture, whether monetary or not, under this section may not be brought more than 10 years after the latest date of the violation on which the civil fine, penalty, or forfeiture is based. (B) Commencement For this paragraph, starting an action, suit, or proceeding includes issuing a pre-penalty notice or finding of violation. This section does not define the terms “pre-penalty notice” or “finding of violation.” (2) Time for indictment A person may not be prosecuted, tried, or punished for an offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation on which the indictment or information is based. This section does not define the term “information.”
the actual law source: uscode.house.gov ↗public domain
(a) Criminal liability

Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.

(b) Civil liability; hearing; judicial review
(1)

A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.

(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 direction of the Secretary of the Treasury, be forfeited to the United States Government.

(3)

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, with the right to prehearing discovery.

(4)

Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.

(c) Forfeiture

Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection (a) may be forfeited to the United States.

(d) Statute of limitations
(1) Time for commencing proceedings
(A) In general

An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced 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 commencement 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 punished for any offense under subsection (a) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.

Source credit: (Oct. 6, 1917, ch. 106, § 16, 40 Stat. 425; Pub. L. 95–223, title I, § 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102–393, title VI, § 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, § 1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, § 102(d), Mar. 12, 1996, 110 Stat. 792; Pub. L. 111–195, title I, § 107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, § 3111(b), Apr. 24, 2024, 138 Stat. 939.)

history & why it existsrecord from the source credit
  • 1917Enacted · Act of Oct. 6, 1917, ch. 106 · 40 Stat. 425
  • 1977Amended · Pub. L. 95-223 · 91 Stat. 1626
  • 1992Amended · Pub. L. 102-393 · 106 Stat. 1772
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2580
  • 1996Amended · Pub. L. 104-114 · 110 Stat. 792
  • 2010Amended · Pub. L. 111-195 · 124 Stat. 1337
  • 2024Amended · Pub. L. 118-50 · 138 Stat. 939

A history note hasn’t been published yet. The record shows enactment by ch. 106 on 1917-10-06.

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