PROPOSED 2007 LEGISLATION TO INCREASE EXPORT ENFORCEMENT PENALTIES

Existing EAA IEEPA EEA 2007 (Proposed)
Criminal Maximum Criminal Maximum Criminal Maximum
Corporate:  Greater of $1 million or five times the value of exports involved Corporate: $50,000 (greater of
twice the gross gain or loss or $500,000 under alternative criminal code fine provision)
Corporate: Greater of $5 million or 10 times the value of the exports involved
Individual:  $250,000 and 10 years' imprisonment
Individual:  $50,000 and 10 years' imprisonment (greater of twice the gross
gain or loss or $250,000 under alternative criminal code fine provision)
Individual:  Greater of $1 million and 10 years' imprisonment
Civil Maximum Civil Maximum* Civil Maximum**
$11,000 per violation ($120,000 for national security violations) $50,000 per violation $500,000 per violation
*IEEPA civil penalties were increased by a statutory amendment set forth in the USA Patriot Act Improvement and Reauthorization Act of 2005, enacted on March 9, 2006.  However, for violations committed prior to this amendment, IEEPA civil penalties continue to be set at $11,000 per violation.
** Other existing administrative penalties (e.g., denial orders and exclusion from practice) would be retained.
(Source: U.S. Commerce Department)