Page:United States Statutes at Large Volume 99 Part 1.djvu/169

 PUBLIC LAW 99-64—JULY 12, 1985

99 STAT. 147

"(B) knowing or having reason to believe that the goods or technology would be so exported, shall, in the case of a violation of an export control imposed under section 5 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in paragraph (1) of this subsection and shall, in the case of a violation of an export control imposed under section 6 (or any regulation, order, or license issued with respect to such control), be subject to the penalties set forth in subsection (a). "(4) Any person who takes any action with the intent to evade the provisions of this Act or any regulation, order, or license issued under this Act shall be subject to the penalties set forth in subsection (a), except that in the case of an evasion of an export control imposed under section 5 or 6 of this Act (or any regulation, order,, or license issued with respect to such control), such person shall be subject to the penalties set forth in paragraph (1) of this subsection. "(5) Nothing in this subsection or subsection (a) shall limit the power of the Secretary to define by regulations violations under this Act.". (c) CIVIL PENALTIES; ADMINISTRATIVE SANCTIONS.—Section 11(c) is

Ante, p. 123. Ante, p. 131. Penalties.

50 USC app.

amended— 2410. (1) by striking out "head" and all that follows in paragraph (1) through "thereof," and inserting in lieu thereof "Secretary (and officers and employees of the Department of Commerce specifically designated by the Secretary)"; and (2) by adding at the end the following new paragraphs: "(3) An exception may not be made to any order issued under this Act which revokes the authority of a United States person to exFK)rt goods or technology unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate are first consulted concerning the exception. "(4) The President may by regulation provide standards for establishing levels of civil penalty provided in this subsection based upon the seriousness of the violation, the culpability of the violator, and the violator's record of cooperation with the Government in disclosing the violation.". (d) REFUNDS OF PENALTIES.—Section 11(e) is amended—

(1) by inserting after "subsection (c)" the following: ", or any amounts realized from the forfeiture of any property interest or proceeds pursuant to subsection (g),"; and (2) by inserting after "refund any such penalty" the following: "imposed pursuant to subsection (c)". (e) FORFEITURES; PRIOR CONVICTIONS.—Section 11 is amended—

(1) by redesignating subsection (g) as subsection (i); and (2) by inserting after subsection (f) the following new subsections: "(g) FORFEITURE OF PROPERTY INTEREST AND PROCEEDS.—(1) Any

person who is convicted under subsection (a) or (b) of a violation of an export control imposed under section 5 of this Act (or any regulation, order, or license issued with respect to such control) shall, in addition to any other penalty, forfeit to the United Stattjs— "(A) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation; "(B) any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible prop-

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