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.