Export Administration Act of 1979, Pub. L. No. 96-72, 93 Stat. 503 (effective October 1, 1979), codified as amended at 50 U.S.C. app. §§ 2401–20.
The Act has lapsed and been reauthorized by statute and Executive Order several times. Currently, the Act is in force pursuant to Executive Order 13222, which extended the application of the Act under the authority of the International Emergency Economic Powers Act (IEEPA). IEEPA provisions are renewed yearly through a presidential determination, and was recently renewed by Presidential Notice on August 12, 2011.
Violations of the EAA, and the Export Administration Regulations (EAR) may be subject to both criminal and administrative penalties. When the EAA is in effect, criminal penalties can reach 20 years imprisonment and $1 million per violation. Administrative monetary penalties can reach $11,000 per violation, and $120,000 per violation in cases involving items controlled for national security reasons. When the EAA is in lapse, the criminal and administrative penalties are set forth in the International Emergency Economic Powers Act (IEEPA).
On October 16, 2007, President Bush signed into law the International Emergency Economic Powers Enhancement Act. The Act enhanced criminal and administrative penalties that can be imposed under IEEPA and also amended IEEPA to clarify that civil penalties may be assessed for certain unlawful acts. Criminal penalties can reach $1,000,000 and 20 years imprisonment per violation and the administrative penalties can reach the greater of $250,000 per violation or twice the amount of the transaction that is the basis of the violation.
Violators may also be subject to denial of their export privileges. A denial of export privileges prohibits a person from participating in any way in any transaction subject to the EAR. Furthermore, it is unlawful for other businesses and individuals to participate in any way in an export transaction subject to the EAR with a denied person.
- 66 Fed. Reg. 44,025 (Aug. 22, 2001).
- Pub. L. No. 95-223, tit. II, 91 Stat. 1626, codified as amended at 50 U.S.C. §§1701–07.
- 76 Fed. Reg. 50,661 (Aug. 16, 2011).
- Pub. L. No. 110-96, amending IEEPA §206.