§ 6761. — Penalties.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC6761]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 75--CHEMICAL WEAPONS CONVENTION IMPLEMENTATION
SUBCHAPTER IV--ENFORCEMENT
Sec. 6761. Penalties
(a) Civil
(1) Penalty amounts
(A) Prohibited acts relating to inspections
Any person that is determined, in accordance with paragraph
(2), to have violated section 6726 of this title shall be
required by order to pay a civil penalty in an amount not to
exceed $25,000 for each such violation. For purposes of this
paragraph, each day such a violation of section 6726 of this
title continues shall constitute a separate violation of that
section.
(B) Recordkeeping violations
Any person that is determined, in accordance with paragraph
(2), to have violated section 6745 of this title shall be
required by order to pay a civil penalty in an amount not to
exceed $5,000 for each such violation.
(2) Hearing
(A) In general
Before imposing an order described in paragraph (1) against
a person under this subsection for a violation of section 6726
or 6745 of this title, the Secretary of State shall provide the
person or entity with notice and, upon request made within 15
days of the date of the notice, a hearing respecting the
violation.
(B) Conduct of hearing
Any hearing so requested shall be conducted before an
administrative law judge. The hearing shall be conducted in
accordance with the requirements of section 554 of title 5. If
no hearing is so requested, the Secretary of State's imposition
of the order shall constitute a final and unappealable order.
(C) Issuance of orders
If the administrative law judge determines, upon the
preponderance of the evidence received, that a person or entity
named in the complaint has violated section 6726 or 6745 of this
title, the administrative law judge shall state his findings of
fact and issue and cause to be served on such person or entity
an order described in paragraph (1).
(D) Factors for determination of penalty amounts
In determining the amount of any civil penalty, the
administrative law judge shall take into account the nature,
circumstances, extent, and gravity of the violation or
violations and, with respect to the violator, the ability to
pay, effect on ability to continue to do business, any history
of prior such violations, the degree of culpability, the
existence of an internal compliance program, and such other
matters as justice may require.
(3) Administrative appellate review
The decision and order of an administrative law judge shall
become the final agency decision and order of the head of the United
States National Authority unless, within 30 days, the head of the
United States National Authority modifies or vacates the decision
and order, with or without conditions, in which case the decision
and order of the head of the United States National Authority shall
become a final order under this subsection.
(4) Offsets
The amount of the civil penalty under a final order of the
United States National Authority may be deducted from any sums owed
by the United States to the person.
(5) Judicial review
A person adversely affected by a final order respecting an
assessment may, within 30 days after the date the final order is
issued, file a petition in the Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the person
resides or transacts business.
(6) Enforcement of orders
If a person fails to comply with a final order issued under this
subsection against the person or entity--
(A) after the order making the assessment has become a final
order and if such person does not file a petition for judicial
review of the order in accordance with paragraph (5), or
(B) after a court in an action brought under paragraph (5)
has entered a final judgment in favor of the United States
National Authority,
the Secretary of State shall file a suit to seek compliance with the
order in any appropriate district court of the United States, plus
interest at currently prevailing rates calculated from the date of
expiration of the 30-day period referred to in paragraph (5) or the
date of such final judgment, as the case may be. In any such suit,
the validity and appropriateness of the final order shall not be
subject to review.
(b) Criminal
Any person who knowingly violates any provision of section 6726 or
6745 of this title, shall, in addition to or in lieu of any civil
penalty which may be imposed under subsection (a) of this section for
such violation, be fined under title 18, imprisoned for not more than
one year, or both.
(Pub. L. 105-277, div. I, title V, Sec. 501, Oct. 21, 1998, 112 Stat.
2681-883.)
Delegation of Functions
For authority of Secretary of Commerce to carry out certain
functions with respect to proceedings under subsec. (a), and to issue
regulations with respect thereto, see section 4 of Ex. Ord. No. 13128,
June 25, 1999, 64 F.R. 34703, set out as a note under section 6711 of
this title.
