Export Controls
- Criminal & Civil Penalties for Violations -

The EXPORT ADMINISTRATION REGULATIONS (EAR)

- Criminal Sanctions:

    "WILLFUL VIOLATIONS"

University - A fine of up to the greater of $1,000,000 or five times the value of the exports for each violation;

Individual - A fine of up to $250,000 or imprisonment for up to ten years, or both, for each violation.

    "KNOWING VIOLATIONS"

University - A fine of up to the greater of $50,000 or five times the value of the exports for each violation;

Individual - A fine of up to the greater of $50,000 or five times the value of the exports or imprisonment for up to five years, or both, for each violation.

- Civil (Administrative) Sanctions:

The imposition of a fine of up to $12,000 for each violation, except that the fine for violations involving items controlled for national security reasons is up to $120,000 for each violation.

Additionally, for each violation of the 'EAR' any or all of the following may be imposed:

  • The denial of export privileges; and/or
  • The exclusion from practice; and/or
  • Seizure/Forfeiture of goods.

The INTERNATIONAL EMERGENCY ECONOMIC POWERS ACT (IEEPA)

NOTE:  Penalties associated with violations of the Export Administration Regulations presently fall under the purview of IEEPA, pending reauthorization of the Export Administration Act (EAA). IEEPA sanctions are as follows:

- Criminal Sanctions:

University - A fine of up to $1,000,000 for each violation;

Individual - A fine of up to $1,000,000 or imprisonment for up to twenty years, or both, for each violation.

- Civil (Administrative) Sanctions:

University - A fine of up to $250,000 for each violation, or twice the value of the transaction, whichever is greater;

Individual - A fine of up to $250,000 for each violation, or twice the value of the transaction, whichever is greater.

Additionally, for each violation of the 'IEEPA' any or all of the following may be imposed:

  • The denial of export privileges; and/or
  • The exclusion from practice; and/or
  • Seizure/Forfeiture of goods.


The INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR)

- Criminal Sanctions:

University - A fine of up to $1,000,000 for each violation;

Individual - A fine of up to $1,000,000 or up to ten years in prison, or both, for each violation.

- Civil Sanctions:

University - A fine of up to $500,000 for each violation;

Individual - A fine of up to $500,000 for each violation.

Additionally, for any violation of the 'ITAR' either or both of the following may be imposed:

  • The denial of export privileges; and/or
  • Seizure/Forfeiture of goods.


The OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

- Criminal Sanctions:

University - A fine of up to $1,000,000 for each violation;

Individual - A fine of up to $1,000,000 or up to twenty years in prison, or both, for each violation.

- Civil Sanctions:

University - A fine of up to $55,000 for each violation;

Individual - A fine of up to $55,000 for each violation.

Additionally, for any violation of the 'OFAC' regulations, seizure and forfeiture of goods may result.


"This material is adapted from the basic design and content of Stanford University's Decision Tree. We appreciate Stanford in granting us permission to use its content for the benefit of the University of Vermont".