Penalties Overview
Violating the various export control regulations can trigger severe penalties. While monetary and imprisonment risks may seem the most relevant to the individual, keep in mind that the reputational damage and potential loss of export privileges – among other penalties – can have long term negative consequences for ECU and the individual(s) responsible.
Export Control Penalties
Census1
| U.S. Agency | Monetary | Imprisonment | Citation |
| Civil | Up to $10,000 | Up to 5 years per violation | 15 CFR 30.71(b) |
| Criminal | Up to $10,000 | Up to 5 years per violation | 15 CFR 30.71(a) |
BIS2
| U.S. Agency | Monetary | Imprisonment | Citation |
| Civil | Up to $250,000 | Up to 20 years per violation | 50 USC 1705(b) |
| Criminal | Up to $1,000,000 | Up to 20 years per violation | 50 USC 1705(c) |
OFAC3
| U.S. Agency | Monetary | Imprisonment | Citation |
| Civil | Up to $250,000 | Up to 20 years per violation | 50 USC 1705(b) |
| Criminal | Up to $1,000,000 | Up to 20 years per violation | 50 USC 1705(c) |
DDTC4
| U.S. Agency | Monetary | Imprisonment | Citation |
| Civil | Up to $550,000 | Up to 20 years per violation | 22 USC 2278(e) |
| Criminal | Up to $1,000,000 | Up to 20 years per violation | 22 USC 2278(c) |
Footnotes
- Census Bureau penalties are related to filing violations (i.e. AES). If ECU fails to report, or falsely reports, export data to Census, then a violation has occurred. An example of falsely reported information would be the undervaluing of merchandise being shipped.
- Bureau of Industry and Security penalties are enforced for violating the Export Administration Regulations. An example of an EAR violation would be exporting items or technology that require an export license without first securing the necessary license.
- The Office of Foreign Assets Control penalties are enforced for violations of the Trading with the Enemy Act or International Emergency Economic Powers Act. An example of this violation would include providing unauthorized distance education or dissertation assistance to certain students or institutions in sanctioned countries.
- The Directorate of Defense Trade Controls, an agency of the Department of State, enforces violations related to the International Traffic in Arms Regulations which controls products and technology related to defense articles or services.