1994 US Code
Title 50 - WAR AND NATIONAL DEFENSE
TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE
TRADING WITH THE ENEMY ACT OF 1917
Sec. 16 - Offenses; punishment; forfeitures of property

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§16. Offenses; punishment; forfeitures of property

(a) Whoever shall willfully violate any of the provisions of this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix] 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 Act [said sections] shall, upon conviction, be fined not more than ,000,000, or if a natural person, be fined not more than 0,000, or imprisoned for not more than ten years or both; and the officer, director, or agent of any corporation who knowingly participants 1 in such violation shall, upon conviction, be fined not more than 0,000 or imprisoned for not more than ten years or both.

(b)(1) 2 The Secretary of the Treasury may impose a civil penalty of not more than ,000 on any person who violates any license, order, rule, or regulation issued under this Act [sections 1 to 6, 7 to 39, and 41 to 44 of this Appendix].

(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 discretion of the Secretary of the Treasury, be forfeited to the United States Government.

(3) The penalties provided under this subsection may not be imposed for—

(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.

(4) 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, United States Code, with the right to prehearing discovery.

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

(c) 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.

(Oct. 6, 1917, ch. 106, §16, 40 Stat. 425; Dec. 28, 1977, Pub. L. 95–223, title I, §103(a), 91 Stat. 1626; Oct. 6, 1992, Pub. L. 102–393, title VI, §628, 106 Stat. 1772; Oct. 23, 1992, Pub. L. 102–484, div. A, title XVII, §1710(c), 106 Stat. 2580.)

Amendments

1992—Pub. L. 102–484, which directed substitution of “(a) Whoever” for “That whoever” and addition of subsec. (b) at end, was executed to reflect the probable intent of Congress in light of the intervening general amendment by Pub. L. 102–393 (see below), by adding subsec. (b) to replace the subsec. (b) added by Pub. L. 102–392 which read as follows:

“(b)(1) A civil penalty of not to exceed ,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 Act.

“(2) The penalties provided under this subsection may not be imposed for—

“(A) news gathering, research, or the export or import of, or transmission of, information or informational materials; or

“(B) clearly defined educational or religious activities, or activities of recognized human rights organizations, that are reasonably limited in frequency, duration, and number of participants.”

Pub. L. 102–393 amended section generally, substituting subsecs. (a) to (c) for former undesignated provisions which read as follows: “Whoever shall willfully violate any of the provisions of this Act 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 this Act shall, upon conviction, be fined not more than ,000, or, if a natural person, imprisoned for not more than ten years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by a like fine, imprisonment, or both, and any property, funds, securities, papers, or other articles or documents, or any vessel, together with her tackle, apparel, furniture, and equipment, concerned in such violation shall be forfeited to the United States.”

1977—Pub. L. 95–223 substituted “,000” for “,000”.

Section Referred to in Other Sections

This section is referred to in sections 3, 4, 7 of this Appendix; title 18 section 1956; title 22 sections 2778, 6009; title 28 section 2680.

1 So in original. Probably should be “participates”.

2 See 1992 Amendment note below.