[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR598.701]



[Page 500-501]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 598_FOREIGN NARCOTICS KINGPIN SANCTIONS REGULATIONS--Table of 

Contents

 

                           Subpart G_Penalties

 

Sec. 598.701  Penalties.





    (a) Attention is directed to section 807 of the Foreign Narcotics 

Kingpin Designation Act, which is applicable to violations of the 

provisions of any license, rule, or regulation issued by or pursuant to 

the direction or authorization of the Secretary of Treasury pursuant to 

this part or otherwise under that Act. Section 807 of the Foreign 

Narcotics Kingpin Designation Act, as adjusted pursuant to the Federal 

Civil Penalties Inflation Adjustment Act of



[[Page 501]]



1990 (Public Law 101-410, as amended, 28 U.S.C. 2461 note), provides 

that:

    (1) Whoever willfully violates the provisions of the Foreign 

Narcotics Kingpin Designation Act, or any license, rule, or regulation 

issued pursuant to that Act, or willfully neglects or refuses to comply 

with any order of the President issued under that Act, shall be 

imprisoned for not more than 10 years, fined in the amount provided in 

title 18, United States Code, or both, or, in the case of an entity, 

fined not more than $10,000,000;

    (2) Any officer, director, or agent of any entity who knowingly 

participates in a violation of the provisions of the Foreign Narcotics 

Kingpin Designation Act, shall be imprisoned for not more than 30 years, 

fined not more than $5,000,000, or both;

    (3) A civil penalty not to exceed $1,075,000 per violation 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 the Foreign Narcotics Kingpin Designation Act.



    Note to paragraph (a)(3). The current $1,075,000 civil penalty cap 

may be adjusted for inflation pursuant to the Federal Civil Penalties 

Inflation Adjustment Act of 1990.



    (b) The criminal penalties provided in this part are subject to 

increase pursuant to 18 U.S.C. 3571.

    (c) Attention is directed to 18 U.S.C. 1001, which provides that 

whoever, in any matter within the jurisdiction of any department or 

agency of the United States, knowingly and willfully falsifies, 

conceals, or covers up by any trick, scheme, or device a material fact, 

or makes any materially false, fictitious, or fraudulent statement or 

representation, or makes or uses any false writing or document knowing 

the same to contain any materially false, fictitious, or fraudulent 

statement or entry shall be fined under title 18, United States Code, or 

imprisoned not more than five years, or both.

    (d) Violations of this part may also be subject to relevant 

provisions of other applicable laws.



[65 FR 41336, July 5, 2000, as amended at 68 FR 61361, Oct. 28, 2003]