---
kind: "section"
citation: "15 C.F.R. § 719.4"
title: "15"
number: "719.4"
heading: "Violations and sanctions under the Act not subject to proceedings under the CWCR."
url: "https://uscodex.org/cfr/15/719.4"
---

# §719.4. Violations and sanctions under the Act not subject to proceedings under the CWCR.

- (a) **Criminal penalties for development or use of a chemical weapon.** Any person who violates [18 U.S.C. 229](/usc/18/229.md) shall be fined, or imprisoned for any term of years, or both. Any person who violates [18 U.S.C. 229](/usc/18/229.md) and by whose action the death of another person is the result shall be punished by death or imprisoned for life.
- (b) **Civil penalty for development or use of a chemical weapon.** The Attorney General may bring a civil action in the appropriate United States district court against any person who violates [18 U.S.C. 229](/usc/18/229.md) and, upon proof of such violation by a preponderance of the evidence, such person shall be subject to pay a civil penalty in an amount not to exceed $100,000 for each such violation.
- (c) **Criminal forfeiture.**
  - (1) Any person convicted under section 229A(a) of [Title 18](/cfr/18.md) of the United States Code shall forfeit to the United States irrespective of any provision of State law:
    - (i) Any property, real or personal, owned, possessed, or used by a person involved in the offense;
    - (ii) Any property constituting, or derived from, and proceeds the person obtained, directly or indirectly, as the result of such violation; and
    - (iii) Any of the property used in any manner or part, to commit, or to facilitate the commission of, such violation.
  - (2) In lieu of a fine otherwise authorized by section 229A(a) of [Title 18](/cfr/18.md) of the United States Code, a defendant who derived profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
- (d) **Injunction.**
  - (1) **The United States may, in a civil action, obtain an injunction against—**
    - (i) The conduct prohibited under section 229 or 229C of [Title 18](/cfr/18.md) of the United States Code; or
    - (ii) The preparation or solicitation to engage in conduct prohibited under section 229 or 229D of [Title 18](/cfr/18.md) of the United States Code.
  - (2) In addition, the United States may, in a civil action, restrain any violation of section 306 or 405 of the Act, or compel the taking of any action required by or under the Act or the Convention.

## Notes

### Authority

Authority: 22 U.S.C. 6701 et seq.; 50 U.S.C. 1601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR 1994, Comp., p. 950; E.O. 13128, 64 FR 36703, 3 CFR 1999 Comp., p. 199.

### Source

Source: 71 FR 24929, Apr. 27, 2006, unless otherwise noted.