The EXPORT ADMINISTRATION REGULATIONS (EAR)
Criminal Sanctions:
"WILLFUL VIOLATIONS"
University - A fine of up to the greater of $1,000,000 or five times the value of the exports for each violation;
Individual - A fine of up to $250,000 or imprisonment for up to ten years, or both, for each violation.
"KNOWING VIOLATIONS"
University - A fine of up to the greater of $50,000 or five times the value of the exports for each violation;
Individual - A fine of up to the greater of $50,000 or five times the value of the exports or imprisonment for up to five years, or both, for each violation.
Civil (Administrative) Sanctions:
The imposition of a fine of up to $12,000 for each violation, except that the fine for violations involving items controlled for national security reasons is up to $120,000 for each violation.
Additionally, for each violation of the EAR any or all of the following may be imposed:
- The denial of export privileges; and/or
- The exclusion from practice; and/or
- Seizure/Forfeiture of goods.
The INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT (IEEPA)
NOTE: Penalties associated with violations of the Export Administration Regulations presently fall under the purview of IEEPA, pending reauthorization of the Export Administration Act (EAA). IEEPA sanctions are as follows:
Criminal Sanctions:
University - A fine of up to $1,000,000 for each violation;
Individual - A fine of up to $1,000,000 or imprisonment for up to twenty years, or both, for each violation.
Civil (Administrative) Sanctions:
University - A fine of up to $250,000 for each violation, or twice the value of the transaction, whichever is greater;
Individual - A fine of up to $250,000 for each violation, or twice the value of the transaction, whichever is greater.
Additionally, for each violation of the IEEPA any or all of the following may be imposed:
- The denial of export privileges; and/or
- The exclusion from practice; and/or
- Seizure/Forfeiture of goods.
The INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)
Criminal Sanctions:
University - A fine of up to $1,000,000 for each violation;
Individual - A fine of up to $1,000,000 or up to ten years in prison, or both, for each violation.
Civil Sanctions:
University - A fine of up to $500,000 for each violation;
Individual - A fine of up to $500,000 for each violation.
Additionally, for any violation of the ITAR either or both of the following may be imposed:
- The denial of export privileges; and/or
- Seizure/Forfeiture of goods.
The OFFICE OF FOREIGN ASSETS CONTROL (OFAC)
Criminal Sanctions:
University - A fine of up to $1,000,000 for each violation;
Individual - A fine of up to $1,000,000 or up to twenty years in prison, or both, for each violation.
Civil Sanctions:
University - A fine of up to $55,000 for each violation;
Individual - A fine of up to $55,000 for each violation.
Additionally, for any violation of the OFAC regulations, seizure and forfeiture of goods may result.
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