Notice2025-11860
Guidance on Referrals for Potential Criminal Enforcement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 27, 2025
Issuing agencies
Commerce Department
Abstract
This Notice describes the Department of Commerce's (the "DOC's") plans to address criminally liable regulatory offenses under the May 9, 2025, Executive Order on Fighting Overcriminalization in Federal Regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 122 (Friday, June 27, 2025)</title>
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[Federal Register Volume 90, Number 122 (Friday, June 27, 2025)]
[Notices]
[Pages 27526-27527]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11860]
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DEPARTMENT OF COMMERCE
Guidance on Referrals for Potential Criminal Enforcement
ACTION: Notice.
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[[Page 27527]]
SUMMARY: This Notice describes the Department of Commerce's (the
``DOC's'') plans to address criminally liable regulatory offenses under
the May 9, 2025, Executive Order on Fighting Overcriminalization in
Federal Regulations.
FOR FURTHER INFORMATION CONTACT: George Leing (<a href="/cdn-cgi/l/email-protection#77101b121e1910463713181459101801"><span class="__cf_email__" data-cfemail="99fef5fcf0f7fea8d9fdf6fab7fef6ef">[email protected]</span></a>), (202)
482-1395, Senior Counsel, Department of Commerce, Office of the General
Counsel.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued
Executive Order (``E.O.'') 14294, Fighting Overcriminalization in
Federal Regulations. 90 FR 20363 (published May 14, 2025). Section 7 of
E.O. 14294 provides that within 45 days of the E.O., and in
consultation with the Attorney General, each agency should publish
guidance in the Federal Register describing its plan to address
criminally liable regulatory offenses.
Consistent with that requirement, the DOC advises the public that
by May 9, 2026, the DOC, in consultation with the Attorney General,
will provide to the Director of the Office of Management and Budget
(``OMB'') a report containing: (1) a list of all criminal regulatory
offenses \1\ enforceable by the DOC or the Department of Justice
(``DOJ''); and (2) for each such criminal regulatory offense, the range
of potential criminal penalties for a violation and the applicable mens
rea standard \2\ for the criminal regulatory offense.
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\1\ ``Criminal regulatory offense'' means a Federal regulation
that is enforceable by a criminal penalty. E.O. 14294, sec. 3(b).
\2\ ``Mens rea'' means the state of mind that by law must be
proven to convict a particular defendant of a particular crime. E.O.
14294, sec. 3(c).
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This notice also announces a general policy, subject to appropriate
exceptions and to the extent consistent with law, that when the DOC is
deciding whether to refer alleged violations of criminal regulatory
offenses to DOJ, officers and employees of the DOC should consider,
among other factors:
<bullet> the harm or risk of harm, pecuniary or otherwise, caused
by the alleged offense;
<bullet> the potential gain to the putative defendant that could
result from the offense;
<bullet> whether the putative defendant held specialized knowledge,
expertise, or was licensed in an industry related to the rule or
regulation at issue; and
<bullet> evidence, if any is available, of the putative defendant's
general awareness of the unlawfulness of his conduct as well as his
knowledge or lack thereof of the regulation at issue.
This general policy is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
Dated: June 24, 2025.
George Leing,
Senior Counsel, Office of the General Counsel, Department of Commerce.
[FR Doc. 2025-11860 Filed 6-26-25; 8:45 am]
BILLING CODE 3510-DT-P
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