§ 4315. Offenses; punishment; forfeitures of property

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(a)Criminal liability Whoever shall willfully violate any of the provisions of this chapter or of any license, rule, or regulation issued thereunder, and whoever shall willfully violate, neglect, or refuse to comply with any order of the President issued in compliance with the provisions of the chapter shall, upon conviction, be fined not more than $1,000,000, or if a natural person, be imprisoned for not more than 20 years, or both.

(b)Civil liability; hearing; judicial review

(1)A civil penalty of not to exceed $50,000 may be imposed by the Secretary of the Treasury on any person who violates any license, order, rule, or regulation issued in compliance with the provisions of this chapter.

(2)Any property, funds, securities, papers, or other articles or documents, or any vessel, together with its tackle, apparel, furniture, and equipment, that is the subject of a violation under paragraph

(1)shall, at the direction of the Secretary of the Treasury, be forfeited to the United States Government.

(3)The penalties provided under this subsection may be imposed only on the record after opportunity for an agency hearing in accordance with sections 554 through 557 of title 5, with the right to prehearing discovery.

(4)Judicial review of any penalty imposed under this subsection may be had to the extent provided in section 702 of title 5.

(c)Forfeiture Upon conviction, any property, funds, securities, papers, or other articles or documents, or any vessel, together with tackle, apparel, furniture, and equipment, concerned in any violation of subsection

(a)may be forfeited to the United States.

(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

(a)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.

(Oct. 6, 1917, ch. 106, § 16, 40 Stat. 425; Pub. L. 95–223, title I, § 103(a), Dec. 28, 1977, 91 Stat. 1626; Pub. L. 102–393, title VI, § 628, Oct. 6, 1992, 106 Stat. 1772; Pub. L. 102–484, div. A, title XVII, § 1710(c), Oct. 23, 1992, 106 Stat. 2580; Pub. L. 104–114, title I, § 102(d), Mar. 12, 1996, 110 Stat. 792; Pub. L. 111–195, title I, § 107(a)(4), July 1, 2010, 124 Stat. 1337; Pub. L. 118–50, div. E, title I, § 3111(b), Apr. 24, 2024, 138 Stat. 939.)

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