Congressional Record: Proceedings and Debates of the 107th Congress, First Session, Volume 147, Part 12 Page: 16,570
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CONGRESSIONAL RECORD-SENATE
September 6, 2001
(3) EXCLUSIoN FROM PRACTICE-The Sec-
retary may exclude any person acting as an
attorney, accountant, consultant, freight
forwarder, or in any other representative ca-
pacity from participating before the Depart-
ment with respect to a license application or
any other matter under this Act.
(d) PAYMENT OF CIVIL PENALTIES.-
(1) PAYMENT AS CONDITION OF FURTHER EX-
PORT PRIVILEGES-The payment of a civil
penalty imposed under subsection (c) may be
made a condition for the granting, restora-
tion, or continuing validity of any export li-
cense, permission, or privilege granted or to
be granted to the person upon whom such
penalty is imposed. The period for which the
payment of a penalty may be made such a
condition may not exceed 1 year after the
date on which the payment is due.
(2) DEFERRAL OR SUSPENSION.-
(A) IN GENERAL-The payment of a civil
penalty imposed under subsection (c) may be
deferred or suspended in whole or in part for
a period no longer than any probation period
(which may exceed 1 year) that may be im-
posed upon the person on whom the penalty
is imposed.
(B) No BAR TO COLLECTION OF PENALTY.-A
deferral or suspension under subparagraph
(A) shall not operate as a bar to the collec-
tion of the penalty concerned in the event
that the conditions of the suspension, defer-
ral, or probation are not fulfilled.
(3) TREATMENT OF PAYMENTS-Any amount
paid in satisfaction of a civil penalty im-
posed under subsection (c) shall be covered
into the Treasury as miscellaneous receipts.
(e) REFUNDS.-
(1) AUTHORITY.- .
(A) IN GENERAL-The Secretary may, in
the Secretary's discretion, refund any civil
penalty imposed under subsection (c) on the
ground of a material error of fact or law in
imposition of the penalty.
(B) LIMITATION-A civil penalty may not
be refunded under subparagraph (A) later
than 2 years after payment of the penalty.
(2) PROHIBITION ON ACTIONS FOR REFUND.-
Notwithstanding section 1346(a) of title 28,
United States Code, no action for the refund
of any civil penalty referred to in paragraph
(1) may be maintained in any court.
(f) EFFECT OF OTHER CONVICTIONS.-
(1) DENIAL OF EXPORT PRIVILEGES-Any
person convicted of a violation of-
(A) a provision of this Act or the Export
Administration Act of 1979,
(B) a provision of the International Emer-
gency Economic Powers Act (50 U.S.C. 1701
et seq.),
(C) section 793, 794, or 798 of title 18, United
States Code,
(D) section 4(b) of the Internal Security
Act of 1950 (50 U.S.C. 783(b)),
(E) section 38 of the Arms Export Control
Act (22 U.S.C. 2778),
(F) section 16 of the Trading with the
Enemy Act (50 U.S.C. App. 16),
(G) any regulation, license, or order issued
under any provision of law listed in subpara-
graph (A), (B), (C), (D), (E), or (F),
(H) section 371 or 1001 of title 18, United
States Code, if in connection with the export
of controlled items under this Act or any
regulation, license, or order issued under the
International Emergency Economic Powers
Act, or the export of items controlled under
the Arms Export Control Act,
(I) section 175 of title 18, United States
Code,
(J) a provision of the Atomic Energy Act
(42 U.S.C. 201 et seq.),
(K) section 831 of title 18, United States
Code, or(L) section 2332a of title 18, United States
Code,
may, at the discretion of the Secretary, be
denied export privileges under this Act for a
period not to exceed 10 years from the date
of the conviction. The Secretary may also
revoke any export license under this Act in
which such person had an interest at the
time of the conviction.
(2) RELATED PERSONS-The Secretary may
exercise the authority under paragraph (1)
with respect to any person related through
affiliation, ownership, control, or position of
responsibility to a person convicted of any
violation of a law set forth in paragraph (1)
upon a showing of such relationship with the
convicted person. The Secretary shall make
such showing only after providing notice and
opportunity for a hearing.
(g) STATUTE OF LIMITATIONS.-
(1) IN GENERAL.-Except as provided in
paragraph (2), a proceeding in which a civil
penalty or other administrative sanction
(other than a temporary denial order) is
sought under subsection (c) may not be insti-
tuted more than 5 years after the later of the
date of the alleged violation or the date of
discovery of the alleged violation.
(2) EXCEPTION.- . .
(A) TOLLING-In any case in which a crimi-
nal indictment alleging a violation under
subsection (a) is returned within the time
limits prescribed by law for the institution
of such action, the limitation under para-
graph (1) for bringing a proceeding to impose
a civil penalty or other administrative sanc-
tionh undr tisa sedctn shall, upon the retr
all persons named as a defendant.
(B) DURATION-The tolling of the limita-
tion with respect to a defendant under sub-
paragraph (A) as a result of a criminal in-
dictment shall continue for a period of 6
months from the date on which the convic-
tion of the defendant becomes final, the in-
dictment against the defendant is dismissed,
or the criminal action has concluded.
(h) VIOLATIONS DEFINED BY REGULATION.-
Nothing in this section shall limit the au-
thority of the Secretary to define by regula-
tion violations under this Act.
(i) CONSTRUCTION-Nothing in subsection
(c), (d), (e), (f), or (g) limits-
(1) the availability of other administrative
or judicial remedies with respect to a viola-
tion of a provision of this Act, or any regula-
tion, order, or license issued under this Act;
(2) the authority to compromise and settle
administrative proceedings brought with re-
spect to any such violation; or
(3) the authority to compromise, remit, or
mitigate seizures and forfeitures pursuant to
section 1(b) of title VI of the Act of June 15,
1917 (22 U.S.C. 401(b)).
SEC. 504. MISSILE PROLIFERATION CONTROL
VIOLATIONS.
(a) VIOLATIONS BY UNITED STATES PER-
SONS.-
(1) SANCTIONS.-
(A) IN GENERAL-If the President deter-
mines that a United States person know-
ingly-
(i) exports, transfers, or otherwise engages
in the trade of any item on the MTCR
Annex, in violation of the provisions of sec-
tion 38 (22 U.S.C. 2778) or chapter 7 of the
Arms Export Control Act, title II or III of
this Act, or any regulations or orders issued
under any such provisions,
(ii) conspires to or attempts to engage in
such export, transfer, or trade, or
(iii) facilitates such export, transfer, or
trade by any other person,
then the President shall impose the applica-
ble sanctions described in subparagraph (B).(B) SANCTIONS DESCRIBED-The sanctions
which apply to a United States person under
subparagraph (A) are the following:
(i) If the item on the MTCR Annex in-
volved in the export, transfer, or trade is
missile equipment or technology within cat-
egory II of the MTCR Annex, then the Presi-
dent shall deny to such United States per-
son, for a period of 2 years, licenses for the
transfer of missile equipment or technology
controlled under this Act.
(ii) If the item on the MTCR Annex in-
volved in the export, transfer, or trade is
missile equipment or technology within cat-
egory I of the MTCR Annex, then the Presi-
dent shall deny to such United States per-
son, for a period of not less than 2 years, all
licenses for items the export of which is con-
trolled under this Act.
(2) DISCRETIONARY SANCTIONS-In the case
of any determination referred to in para-
graph (1), the Secretary may pursue any
other appropriate penalties under section
503.
(3) WAIVER-The President may waive the
imposition of sanctions under paragraph (1)
on a person with respect to an item if the
President certifies to Congress that-
(A) the item is essential to the national se-
curity of the United States; and
(B) such person is a sole source supplier of
the item, the item is not available from any
alternative reliable supplier, and the need
for the item cannot be met in a timely man-
ner by improved manufacturing processes or
technological developments.
(b) TRANSFERS OF MISSILE EQUIPMENT OR
TECHNOLOGY BY FOREIGN PERSONS.-
(1) SANCTIONS.-
(A) IN GENERAL-Subject to paragraphs (3)
through (7), if the President determines that
a foreign person, after the date of enactment
of this section, knowingly-
(i) exports, transfers, or otherwise engages
in the trade of any MTCR equipment or tech-
nology that contributes to the design, devel-
opment, or production of missiles in a coun-
try that is not an MTCR adherent and would
be, if it were United States-origin equipment
or technology, subject to the jurisdiction of
the United States under this Act,
(ii) conspires to or attempts to engage in
such export, transfer, or trade, or
(iii) facilitates such export, transfer, or
trade by any other person,
or if the President has made a determination
with respect to a foreign person under sec-
tion 73(a) of the Arms Export Control Act,
then the President shall impose on that for-
eign person the applicable sanctions under
subparagraph (B).
(B) SANCTIONS DESCRIBED-The sanctions
which apply to a foreign person under sub-
paragraph (A) are the following:
(i) If the item involved in the export,
transfer, or trade is within category II of the
MTCR Annex, then the President shall deny,
for a period of 2 years, licenses for the trans-
fer to such foreign person of missile equip-
ment or technology the export of which is
controlled under this Act.
(ii) If the item involved in the export,
transfer, or trade is within category I of the
MTCR Annex, then the President shall deny,
for a period of not less than 2 years, licenses
for the transfer to such foreign person of
items the export of which is controlled under
this Act.
(iii) If, in addition to actions taken under
clauses (i) and (ii), the President determines
that the export, transfer, or trade has sub-
stantially contributed to the design, devel-
opment, or production of missiles in a coun-
try that is not an MTCR adherent, then the16570
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United States. Congress. Congressional Record: Proceedings and Debates of the 107th Congress, First Session, Volume 147, Part 12, book, 2001; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc31045/m1/99/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.