---
kind: "section"
citation: "50 U.S.C. § 4819"
title: "50"
title_heading: "War and National Defense"
number: "4819"
heading: "Penalties"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/4819"
units:
  - "Chapter 58 — Export Control Reform"
  - "Subchapter I — Authority and Administration of Controls"
---

# §4819. Penalties

- (a) **Unlawful acts—**
  - (1) **In general—** It shall be unlawful for a [person](/usc/50/4801.md?p=8) 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)](#a-2).
  - (2) **Specific unlawful acts—** The unlawful acts described in this paragraph are the following:
    - (A) No [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=4), or any order, license or authorization issued thereunder.
    - (B) No [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=4), or any order, license or authorization issued thereunder.
    - (C) No [person](/usc/50/4801.md?p=8) may solicit or attempt a violation of this subchapter, the [Export Administration Regulations](/usc/50/4801.md?p=4), or any order, license or authorization issued thereunder.
    - (D) No [person](/usc/50/4801.md?p=8) may conspire or act in concert with one or more other [persons](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=4), or any order, license or authorization issued thereunder.
    - (E) No [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=12), or that is otherwise subject to the [Export Administration Regulations](/usc/50/4801.md?p=4), with knowledge that a violation of this subchapter, the [Export Administration Regulations](/usc/50/4801.md?p=4), 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](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=12) agency, including the Department of Homeland Security and the Department of Justice, or indirectly through any other [person](/usc/50/4801.md?p=8)—
      - (i) in the course of an investigation or other action subject to the [Export Administration Regulations](/usc/50/4801.md?p=4);
      - (ii) in connection with the preparation, submission, issuance, use, or maintenance of any [export](/usc/50/4801.md?p=3) control document or any report filed or required to be filed pursuant to the [Export Administration Regulations](/usc/50/4801.md?p=4); or
      - (iii) for the purpose of or in connection with effecting any [export](/usc/50/4801.md?p=3), [reexport](/usc/50/4801.md?p=9), or [in-country transfer](/usc/50/4801.md?p=6) of an item subject to the [Export Administration Regulations](/usc/50/4801.md?p=4) or a service or other activity of a [United States person](/usc/50/4801.md?p=13) described in [section 4813 of this title](/usc/50/4813.md).
    - (G) No [person](/usc/50/4801.md?p=8) may engage in any transaction or take any other action with intent to evade the provisions of this subchapter, the [Export Administration Regulations](/usc/50/4801.md?p=4), or any order, license, or authorization issued thereunder.
    - (H) No [person](/usc/50/4801.md?p=8) may fail or refuse to comply with any reporting or recordkeeping requirements of the [Export Administration Regulations](/usc/50/4801.md?p=4) or of any order, license, or authorization issued thereunder.
    - (I) Except as specifically authorized in the [Export Administration Regulations](/usc/50/4801.md?p=4) or in writing by the Department of Commerce, no [person](/usc/50/4801.md?p=8) may alter any license, authorization, [export](/usc/50/4801.md?p=3) control document, or order issued under the [Export Administration Regulations](/usc/50/4801.md?p=4).
    - (J) No [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=4), or any order, license or authorization issued thereunder.
  - (3) **Additional requirements—** For purposes of [paragraph (2)(F)](#a-2-F), any representation, statement, or certification made by any [person](/usc/50/4801.md?p=8) shall be deemed to be continuing in effect. Each [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=8) to know that a change of material fact or intention had occurred or may occur in the future.
- (b) **Criminal penalty—** A [person](/usc/50/4801.md?p=8) 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)](#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](/usc/50/4801.md?p=10) may impose the following civil penalties on a [person](/usc/50/4801.md?p=8) for each violation by that [person](/usc/50/4801.md?p=8) 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](/usc/50/4801.md?p=8).
    - (C) A prohibition on the [person](/usc/50/4801.md?p=8)’s ability to [export](/usc/50/4801.md?p=3), [reexport](/usc/50/4801.md?p=9), or [in-country transfer](/usc/50/4801.md?p=6) any items [controlled](/usc/50/4801.md?p=1) 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](/usc/50/4801.md?p=10) 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](/usc/50/4801.md?p=8) who is convicted under [subsection (b)](#b) of a violation of a control imposed under [section 4812 of this title](/usc/50/4812.md) (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the [United States](/usc/50/4801.md?p=12) any of the [person](/usc/50/4801.md?p=8)’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](/usc/50/4801.md?p=11) that is exported or intended to be exported in violation of this subchapter.[^1]
  - (2) **Procedures—** The procedures in any forfeiture under this subsection shall be governed by the procedures established under [section 853 of title 21](/usc/21/853.md), other than [subsection (d)](/usc/50/853.md) of such section.
- (e) **Prior convictions—**
  - (1) **License bar—**
    - (A) **In general—** The [Secretary](/usc/50/4801.md?p=10) may—
      - (i) deny the eligibility of any [person](/usc/50/4801.md?p=8) convicted of a criminal violation described in [subparagraph (B)](#e-1-B) to [export](/usc/50/4801.md?p=3), [reexport](/usc/50/4801.md?p=9), or [in-country transfer](/usc/50/4801.md?p=6) outside the [United States](/usc/50/4801.md?p=12) 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](/usc/50/4801.md?p=3), [reexport](/usc/50/4801.md?p=9), or [in-country transfer](/usc/50/4801.md?p=6) items that was issued under this subchapter and in which such [person](/usc/50/4801.md?p=8) has an interest at the time of the conviction.
    - (B) **Violations—** The violations referred to in [subparagraph (A)](#e-1-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](/usc/50/1701.md) et seq.];
      - (iii) section [371](/usc/18/371.md), [554](/usc/18/554.md), [793](/usc/18/793.md), [794](/usc/18/794.md), or [798](/usc/18/798.md) of title 18;
      - (iv) [section 1001 of title 18](/usc/18/1001.md);
      - (v) [section 783(b) of this title](/usc/50/783.md?p=b); or
      - (vi) [section 2778 of title 22](/usc/22/2778.md).
  - (2) **Application to other parties—** The [Secretary](/usc/50/4801.md?p=10) may exercise the authority under [paragraph (1)](#e-1) with respect to any [person](/usc/50/4801.md?p=8) related, through affiliation, ownership, control, position of responsibility, or other connection in the conduct of trade or business, to any [person](/usc/50/4801.md?p=8) convicted of any violation of law set forth in [paragraph (1)](#e-1), upon a showing of such relationship with the convicted party, and subject to the procedures set forth in [subsection (c)(2)](#c-2).
- (f) **Other authorities—** Nothing in subsection [(c)](#c), [(d)](#d), or [(e)](#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](/usc/22/401.md?p=b).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 115–232, div. A, title XVII, § 1760, Aug. 13, 2018, 132 Stat. 2223.)

## Notes

### Editorial Notes

### References in Text

This subchapter, referred to in subsecs. (a), (c)(1), (e)(1), and (f)(1), (2), was in the original “this part”, meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, known as the Export Controls Act of 2018, which is classified principally to this subchapter. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.

This subchapter, referred to in subsec. (d)(1)(C), was in the original “this title”, and was translated as meaning part I (§§ 1751–1768) of subtitle B of title XVII of div. A of Pub. L. 115–232, which is classified principally to this subchapter, to reflect the probable intent of Congress. For complete classification of part I to the Code, see section 1751 of Pub. L. 115–232, set out as a Short Title note under section 4801 of this title and Tables.

The International Emergency Economic Powers Act, referred to in subsec. (e)(1)(B)(ii), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of this title and Tables.