§ 3105. — Enforcement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3105]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 46--INTERNATIONAL INVESTMENT AND TRADE IN SERVICES SURVEY
Sec. 3105. Enforcement
(a) Civil penalty for failure to furnish information
Whoever fails to furnish any information required under this
chapter, whether required to be furnished in the form of a report or
otherwise, or to comply with any rule, regulation, order, or instruction
promulgated under this chapter, shall be subject to a civil penalty of
not less than $2,500, and not more than $25,000, in a proceeding brought
under subsection (b) of this section.
(b) Civil action for failure to furnish information
Whenever it appears that any person has failed to furnish any
information required under this chapter, whether required to be
furnished in the form of a report or otherwise, or has failed to comply
with any rule, regulation, order, or instruction promulgated under this
chapter, a civil action may be brought in an appropriate district court
of the United States, or the appropriate United States court of any
territory or other place subject to the jurisdiction of the United
States, and such court may enter a restraining order or a permanent or
temporary injunction commanding such person to furnish such information
or to comply with such rule, regulation, order, or instruction, as the
case may be, or impose the civil penalty provided in subsection (a) of
this section, or both.
(c) Criminal penalty for failure to submit information
Whoever willfully fails to submit any information required under
this chapter, whether required to be furnished in the form of a report
or otherwise, or willfully violates any rule, regulation, order, or
instruction promulgated under this chapter, upon conviction, shall be
fined not more than $10,000 and, if an individual, may be imprisoned for
not more than one year, or both, and any officer, director, employee, or
agent of any corporation who knowingly participates in such violation,
upon conviction, may be punished by a like fine, imprisonment, or both.
(Pub. L. 94-472, Sec. 6, Oct. 11, 1976, 90 Stat. 2063; Pub. L. 101-533,
Sec. 7(b), Nov. 7, 1990, 104 Stat. 2349.)
Amendments
1990--Subsec. (a). Pub. L. 101-533 substituted ``shall be subject to
a civil penalty of not less than $2,500, and not more than $25,000,''
for ``may be subject to a civil penalty not exceeding $10,000''.
Section Referred to in Other Sections
This section is referred to in section 3104 of this title.