The Department of Commerce and Department of State have increased the civil monetary penalties for export violations to account for inflation, effective January 15. It is important to recognize that these new amounts are retroactive and can be charged against each violation, regardless of when the violation occurred.
Here is a summary of the penalty increases:
- The maximum amount for an EAR civil violation is now $295,141 or two times the value of the transaction (50 U.S.C. 1705(b)).
- Penalties for late AES filings are now $1,360 per day; with the maximum per violation increasing to $13,605. All other AES violations are now $13,605 (13 U.S.C. 304 & 13 U.S.C. 305(b)).
- The penalty for Directorate of Defense Trade Controls (DDTC) civil penalties has increased to $1,134,602 per violation (22 U.S.C. 2778 (e)).
The adjusted penalty amounts serve as a reminder to keep your export compliance program and training up to date. Make sure you monitor your export transactions and processes, and if you do discover an export violation, consider making a voluntary disclosure.
Contact us and ask how to we can help you build a custom export compliance program.
By Danielle Leonard