50 U.S.C. § 1705

Penalties

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(a) Unlawful acts

It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.

(b) Civil penaltyA civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of—(1) $250,000; or(2) 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.(c) Criminal penalty

A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.

(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 (c) 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.

(Pub. L. 95–223, title II, § 206, Dec. 28, 1977, 91 Stat. 1628; Pub. L. 102–393, title VI, § 629, Oct. 6, 1992, 106 Stat. 1773; Pub. L. 102–396, title IX, § 9155, Oct. 6, 1992, 106 Stat. 1943; Pub. L. 104–201, div. A, title XIV, § 1422, Sept. 23, 1996, 110 Stat. 2725; Pub. L. 109–177, title IV, § 402, Mar. 9, 2006, 120 Stat. 243; Pub. L. 110–96, § 2(a), Oct. 16, 2007, 121 Stat. 1011; Pub. L. 118–50, div. E, title I, § 3111(a), Apr. 24, 2024, 138 Stat. 938.)Editorial NotesAmendments

2024—Subsec. (d). Pub. L. 118–50 added subsec. (d).

2007—Pub. L. 110–96 amended section generally. Prior to amendment, text of section read as follows:

“(a) A civil penalty of not to exceed $50,000 may be imposed on any person who violates, or attempts to violate, any license, order, or regulation issued under this chapter.

“(b) Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than twenty years, or both; and any officer, director, or agent of any corporation who knowingly participates in such violation may be punished by a like fine, imprisonment, or both.”

2006—Subsec. (a). Pub. L. 109–177, § 402(1), substituted “$50,000” for “$10,000”.

Subsec. (b). Pub. L. 109–177, § 402(2), substituted “twenty years” for “ten years”.

1996—Subsec. (a). Pub. L. 104–201, § 1422(1), inserted “, or attempts to violate,” after “violates”.

Subsec. (b). Pub. L. 104–201, § 1422(2), inserted “, or willfully attempts to violate,” after “violates”.

1992—Subsec. (a). Pub. L. 102–396 substituted “$10,000” for “$50,000”.

Pub. L. 102–393 substituted “$50,000” for “$10,000”.

Statutory Notes and Related SubsidiariesEffective Date of 2007 Amendment

Pub. L. 110–96, § 2(b), Oct. 16, 2007, 121 Stat. 1011, provided that:“(1)Civil penalties.—Section 206(b) of the International Emergency Economic Powers Act [50 U.S.C. 1705(b)], as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is pending or commenced on or after the date of the enactment of this Act [Oct. 16, 2007].“(2)Criminal penalties.—Section 206(c) of the International Emergency Economic Powers Act, as amended by subsection (a), shall apply to violations described in section 206(a) of such Act with respect to which enforcement action is commenced on or after the date of the enactment of this Act.”

Notes of Decisions
Cited in 197 cases (37 in the last 5 years), 1979–2026 · leading case: United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008).
United States v. Abu Ali, 528 F.3d 210 (4th Cir. 2008). · cites it 6× “§ 2339A (Count 4); Contribution of Services to al-Qaeda, in violation of 50 U.S.C.A. § 1705 (b), 31 C.F.R. § 595.204 (Count 5); Receipt of Funds and Services from al-Qaeda, 50 U.”
United States v. Lindh, 212 F. Supp. 2d 541 (E.D. Va. 2002). · cites it 9× “204 and 50 U.S.C. § 1705 (b) (Count Six); (vii) contributing services to al Qaeda, in violation of 31 C.”
Campuzano v. Alavi Found., 830 F.3d 66 (2d Cir. 2016). · cites it 4× “Section 206 of the IEEPA makes it “unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter,” 50 U.S.C. § 1705 (a), and provides for both civil and criminal…”
Reynaldo Gonzalez v. Google LLC, 2 F.4th 871 (9th Cir. 2021). · cites it 4× “Part 594, and 50 U.S.C. § 1705 . GONZALEZ V. GOOGLE 17 attack, fired more than 120 rounds into the crowd of 700 people, killing 39 and injuring 69 others.”
Sandra Cortez v. Trans Union, 617 F.3d 688 (3rd Cir. 2010). · cites it 3× “§ 5318 (l)(2), which requires financial institutions to consult suspected terrorist lists such as OFAC’s SDN List before transacting with individuals, with the amount increasing to $500,000 for aggravating circumstances); 50 U.S.C. § 1705 (c) (maximum fine of $1,000,000 for…”
United States v. Quinn, 401 F. Supp. 2d 80 (D.D.C. 2005). · cites it 10× “See 50 U.S.C. § 1705 (b) (“Whoever willfully violates, or willfully attempts to violate, any license, order, or regulation issued under this chapter shall, upon conviction, be fined not more than $50,000, or, if a natural person, may be imprisoned for not more than ten years, or…”
United States v. Shukri Baker, 664 F.3d 467 (5th Cir. 2011). · cites it 3× “§ 371 , 35 while the IEEPA conspiracy in the instant case was charged under IEEPA’s specific conspiracy provision in 50 U.S.C. § 1705 . We agree with Elashi, however, that the IEEPA conspiracy in the instant case necessarily relied on the general conspiracy statute of § 371…”
Hamdi v. Rumsfeld, 542 U.S. 507 (2004). · cites it 2× “204 (2003) (prohibiting the "making or receiving of any contribution of funds, goods, or services" to terrorists); 50 U. S. C. § 1705 (b) (criminalizing violations of 31 CFR § 595.”
United States v. Zhi Yong Guo, 634 F.3d 1119 (9th Cir. 2011). · cites it 7× “Failure to obtain such a license subjects the offender to civil and criminal penalties under 50 U.S.C. § 1705 . Defendant worked as an engineer in Beijing, China, where he owned and operated a company devoted to developing photoelectric technologies.”
United States v. Atilla, 966 F.3d 118 (2d Cir. 2020). · cites it 3× “§ 371 (Count One); conspiracy to violate the IEEPA, in violation of 50 U.S.C. § 1705 (Count Two); bank fraud, in violation of 18 U.”
United States v. Elashyi, 554 F.3d 480 (5th Cir. 2008). · cites it 3× “50 U.S.C. § 1705 (a), (c). Accordingly, the elements of the crime of dealing in the property of an SDT are: (1) Defendants knowingly dealt in the property or property interest of the SDT; (2) the property was within the United States or within the possession of a United States…”
United States v. Nihad Al Jaberi, 97 F.4th 1310 (11th Cir. 2024). · cites it 3× “Al Jaberi is correct about one thing: in discussing the § 554(a) smuggling conviction, Singer stated “we hold that, as the government charged Singer, it was required to prove both that Singer violated 50 U.S.C. § 1705 and 15 C.F.R. § 746.2 (a) and that Singer knew of the facts…”
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