A bill to amend the Export Control Reform Act of 2018 to increase the civil penalties that may be imposed under that Act.
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This bill would increase the maximum civil penalties for violations of U.S. export control laws to $1.2 million per violation.
What it does
This bill would increase the maximum civil penalties for violating U.S. export control laws under the Export Control Reform Act of 2018. It proposes raising the statutory limit for each violation to $1.2 million or four times the transaction's value, whichever is greater. Currently, these penalties are capped at $300,000 or twice the transaction's value.
Who is affected
This bill affects individuals and entities that violate regulations, orders, or licenses issued under the Export Control Reform Act of 2018. The Department of Commerce's Bureau of Industry and Security is also affected, as the bill modifies the statutory civil penalty limits that the agency adjusts annually for inflation.
Key provisions
- Increase of maximum fixed civil penalty. The bill raises the maximum statutory civil penalty for each violation of the Export Control Reform Act of 2018 from $300,000 to $1.2 million.
- Adjustment of transaction-based penalties. The legislation increases the alternative maximum penalty from twice the value of the underlying transaction to four times the value of the transaction.
- Expansion of penalty thresholds for export violations. The new maximum penalty for a violation of any regulation, order, or license issued under the Act is set at whichever amount is greater between the fixed $1.2 million limit or the transaction-based calculation.
Fiscal impact
Not applicable: No CBO cost estimate available
Effective dates
Not applicable: Official Summary does not address effective dates
Relationship to existing law
This bill amends the Export Control Reform Act of 2018 (ECRA) to increase the maximum statutory civil penalties for violations of regulations, orders, or licenses issued under that Act. It raises the current penalty limits from $300,000 or twice the transaction value to $1.2 million or four times the transaction value.
Stated purpose
The bill aims to strengthen the enforcement of U.S. export control laws by significantly increasing the maximum civil penalties for violations of the Export Control Reform Act of 2018.