The Export Enforcement Act of 2007 is a bill before Congress that would enhance several aspects of export security:
- Reauthorization of the EAA: The Export Enforcement Act would reauthorize the Export Administration Act of 1979 (EAA) for five years. (With the EAA in lapse since 2001, export controls have been continued by annual Executive Orders invoking the International Emergency Economic Powers Act (IEEPA).)
- Increased penalties: The Export Enforcement Act would substantially increase EAA penalties.
Existing EAA
Criminal Maximum
Corporate: Greater of $1 million or five times the value of exports involved
Individual: $250,000 and 10 years imprisonment
Civil Maximum
$11,000 per violation ($120,000 for national security violations)
IEEPA
Criminal Maximum
Corporate: $50,000 (greater of twice the gross gain or loss, or $500,000 under alternative criminal code fine provision)
Individual: $50,000 and 10 years imprisonment (greater of twice the gross gain or loss, or $250,000 under alternative criminal code fine provision)
Civil Maximum
$50,000 per violation
Export Enforcement Act of 2007
Criminal Maximum
Corporate: Greater of $5 million or ten times the value of the exports involved
Individual: Greater of $1 million and 10 years imprisonment
Civil Maximum
$500,000 per violation
- Permanent and expanded law enforcement authority: The Export Enforcement Act would provide BIS Special Agents expanded undercover authority as well as statutory overseas investigative authority.
- Permanent EAA Section 12(c) confidentiality protections: The Export Enforcement Act would make permanent provisions protecting confidential business and other information protected by the EAA.
- The Export Enforcement Act would authorize BIS to participate in the Department of the Treasury’s Asset Forfeiture Fund.
For more information on The Export Enforcement Act of 2007 go to: http://www.bis.doc.gov/Enforcement/EAARenewalBillFactSheet.pdf