US ITAR and EAR - Export Control and Data Security ITAR 127.10 and EAR 764.3: Understand the penalties and administrative consequences that attach to violations

The ITAR sets civil penalties for each violation of 22 U.S.C. 2778 of up to the greater of $1,271,078 or twice the value of the transaction, and fixed maxima for violations of 22 U.S.C. 2779a and 2780, in addition to or instead of other penalties; payment or completion of administrative action can be made a condition of licensing (127.10). Willful violations are criminal offences punishable as 22 U.S.C. 2778(c) prescribes (127.3), attempts to export unlawfully expose the goods and conveyances to seizure and forfeiture (127.6), and past convictions create a presumption of denial (127.11). BIS may impose civil monetary penalties up to the ECRA maximum per violation, deny export privileges and exclude persons from practice (764.3), in addition to criminal penalties under ECRA.